Q4 2014 & Q1 2015 Quick Links Part 6 (Google, Search Engines, Antitrust)
The big news this morning is that the European Commission sent a Statement of Objections to Google. Other links from the past few months, many of them related to this development. Google * Mistakenly released FTC Staff Report on its…
Another Competitive Keyword Advertising Lawsuit Fails–Infogroup v. DatabaseLLC
The plaintiffs run several well-known databases, such as infoUSA and Salesgenie. The defendants are former employees of plaintiffs who split off and launched a competitive rival. The plaintiffs are upset that the defendants’ databases contain fake listings created by the…
Catching Up on Section 230 Cases From the Past 18 Months
I try to blog every Section 230 case I see. However, over the past year and a half, I’ve collected a few Section 230 cases that I had hoped to blog but that fell through the cracks for one reason…
Damages from Competitive Keyword Advertising Are “Vanishingly Small”
Competitive keyword advertising lawsuits typically lose on their merits, but in this particular case, the defendants conceded that their AdWords campaign contributed to trademark infringement. Nevertheless, the defendants contested damages, and the court tells an oh-so-familiar story: Apparently, Defendants bid…
More Defendants Win Keyword Advertising Lawsuits
I’m reporting results in keyword advertising lawsuits as I see them. TL;DR: defendants keep winning. Two more rulings supporting that proposition: CollegeSource, Inc. v. AcademyOne, Inc., 2015 WL 469041 (3d Cir. Feb. 5, 2015). (some citations ommitted) See my blog…
Google Isn’t Liable For Including Unlicensed Locksmiths in Directories–Baldino’s Lock v. Google
Some states, including Virginia, require locksmiths to obtain state-issued licenses. Baldino’s Lock & Key, a licensed locksmith, is unhappy about being on the same search results pages as unlicensed locksmiths. It sued Google and various business directory providers for commingling…
Reports on Expunged Arrest Can’t Be Erased From the Internet–Martin v. Hearst
We don’t have a “right to be forgotten” here in the United States, so plaintiffs are experimenting with doctrinal workarounds to achieve the same outcomes. As today’s case illustrates, those workarounds are destined to fail. Lorraine Martin was arrested in…
Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)
It’s time for my annual recap of the top Internet Law developments of the year. #10: Copyright Fair Use Tilts To Defense. Larry Lessig has famously said that “fair use in America simply means the right to hire a lawyer…
Another Keyword Advertising Lawsuit Fails Badly
This case is so pathetic, it probably only warrants a tweet. The TL; DR version: another trademark owner initiates a lawsuit over keyword advertising and gets crushed in court. The end. The antagonist is a Florida van rental service operating…
Top 10 Fair Use Cases of 2014 (Guest Blog Post)
[Eric’s introduction: in my blog post on the copyrightability of resumes, I observed that “2014 has been a terrific year for fair use” and mused that “It would be great if someone did a ‘top 10 fair use rulings of 2014’…