Google Gets Significant Win in AdWords/Parked Domains Case
By Eric Goldman In re Google AdWords Litigation, 2012 WL 28068 (N.D. Cal. Jan. 5, 2012) Google defeated class certification in an AdWords-related case over Google’s placement of ads on parked domains. This almost certainly ends this case in practice,…
Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com
By Eric Goldman 1-800 Contacts v. Lens.com, 2012 WL 113812 (D. Utah Jan. 13, 2012). Prior blog posts on the case dismissal in December 2010 and 1-800 Contacts’ fee dispute with its attorneys. The federal trademark statute says judges may…
Attempted Trademark Workaround to 47 USC 230 Immunity Fails Badly—Ascentive v. PissedConsumer [Catch-Up Post]
By Eric Goldman [This is one of the top dozen or so most important Internet law opinions of 2011, but unfortunately it came out just as I was going into my exam-grading exile and I had to put blogging it…
Some Thoughts About Google Search Plus Your World (SPYW)
By Eric Goldman [Normally I don’t like to blog about these types of newsy product releases, especially when the facts are still being developed. However, I have spoken with some reporters about Search Plus Your World (see, e.g., this article…
Keyword Advertiser Mostly Defeats Trademark Lawsuit–Scooter Store v. SpinLife
By Eric Goldman Scooter Store, Inc. v. SpinLife.com, LLC, 2011 WL 6415516 (S.D. Ohio Dec. 21, 2011). The Justia page. This is a spirited litigation between two retailers of wheelchairs, motorized scooters and related items. Maybe that retailing sector is…
Nov.-Dec. 2011 Quick Links, Part 1
By Eric Goldman 47 USC 230 * Wang v. OCZ Technology Group, Inc., 2011 WL 4903190 (N.D. Cal. Oct. 14, 2011). In a false advertising suit, the plaintiff argued that the defendant quoted/linked to third party testimonials on the defendant’s…
The OPEN Act: Significantly Flawed But More Salvageable Than SOPA/PROTECT-IP
By Eric Goldman Sen. Wyden and Rep. Issa have released a draft of OPEN: Online Protection & ENforcement of Digital Trade Act, intended as an alternative to SOPA/PROTECT-IP. See my prior posts opposing SOPA and linkwrapping the discussion. Unlike SOPA’s…
Australian Court Says Google Isn’t Liable for Advertiser’s Misleading Ad–ACCC v. Trading Post (Guest Blog Post)
By Guest Blogger Mark Bender, with some comments by Eric Australian Competition and Consumer Commission v Trading Post Australia Pty Ltd [2011] FCA 1086 (September 22, 2011, corrected October 10, 2011) [Eric’s introduction: Mark Bender is a business law lecturer…
October 2011 Quick Links
By Eric Goldman Copyright * MUST READ from Techdirt: MPAA Helped Police Seize ‘Pirated’ DVDs That Were Actually Fully Authorized. On the topic of errors in determining copyright infringement, the incident a powerful reminder both that even those “in the…
Stebbins’ Lawsuit Against Google Dismissed as “Frivolous”–Stebbins v. Google
By Eric Goldman Stebbins v. Google, Inc., 2011 WL 5150879 (N.D. Cal. Oct. 27, 2011). Stebbins’ motion to confirm arbitration award (the equivalent of his complaint in this case). Arkansas resident David Stebbins appears to be cranking up a one-man…