Bust Up Google? Only If Europe Wants To Make Things Worse (Forbes Cross-Post)
Recently, the European Parliament passed a resolution urging the European Commission to “consider proposals aimed at unbundling search engines from other commercial services.” The resolution was mostly symbolic. It was really just a straw poll on European policy-makers’ high level…
Duplicitous Competitive Keyword Advertising Lawsuits–Fareportal v. LBF (& Vice-Versa)
OK, let me offer a proposition that seems so obvious to me that I feel silly saying it. If you buy your competitor’s trademarks as keywords, it’s not advisable to sue your competitors for buying your keywords. Yes? Are you…
Q3 2014 Quick Links, Part 1 (RTBF, Reviews, IP & More)
Right to Be Forgotten * U.S. Attitudes Toward the ‘Right to Be Forgotten’: 1. Sixty-one percent of Americans believe some version of the right to be forgotten is necessary. 2. Thirty-nine percent want a European-style blanket right to be forgotten,…
Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. OxBlue
I have repeatedly observed that trademark owners routinely lose their lawsuits against advertisers who buy their trademarks as advertising keywords. (This is in addition to the futility of bringing trademark lawsuits against search engines, which almost no one does any…
The GOOGLE Mark Isn’t Generic–Elliott v. Google (Forbes Cross-Post)
The “Google” trademark regularly ranks as one of the most valuable trademarks in the world. In 2011, Forbes estimated the trademark’s value at $44B, and a more recent estimate placed the value at $113B. Almost certainly, the “Google” trademark is…
Primer on European Union’s Right To Be Forgotten (Excerpt from My Internet Law Casebook) + Bonus Linkwrap
I haven’t yet written about the ECJ Right to Be Forgotten ruling directly, though I’ve already referenced it on the blog a few times. The ruling itself came out during a business trip when I was tied up, so I…
Minors’ Privacy Claims Against Viacom and Google Over Disclosure of Video Viewing Habits Dismissed
Plaintiffs alleged that Viacom and Google violated the Video Privacy Protection Act and other federal and state privacy laws by improperly collecting and passing along information when end users (kids) viewed videos or games at Viacom-owned websites (nick.com, nickjr.com, and…
Q2 2014 Quick Links, Part 2 (Consumer Reviews, Defamation & More)
Consumer Reviews * In re Margrett A. Skinner (Ga. Sup. Ct. May 19, 2014). Lawyer publicly reprimanded for disclosing client confidential information to rebut the client’s online reviews. See my Forbes post. * Loftus v. Nazari, 2:10-cv-00279-WOB-JGW (E.D. Ky. May…
Advertiser May Have Claims Against SEO Firm Using Undisclosed Spammy Practices
A law firm bought SEO services from an organization called “The Rainmaker Institute.” The relationship didn’t end well. The law firm now says the SEO firm used undisclosed spammy techniques that had a high risk of triggering Google penalties. Allegations…
Q1 2014 Quick Links, Part 2
Social Media * Collins v. Louisiana State Police, No. 13-412 (La. Ct. App. Oct. 23, 2013): a person’s online life depicted in social media is commonly not intended to reflect reality as much as it is intended to engender discourse. Therefore,…