Google Gets Complete Win in Rosetta Stone Case
By Eric Goldman Rosetta Stone Ltd. v. Google Inc., 1:09-cv-00736-GBL-TCB (E.D. Va.). Opinion granting Google’s motion to dismiss filed August 3, 2010, 2010 WL 3063152. Order granting Google’s motion to dismiss the unjust enrichment claim filed August 2, 2010, 2010…
Google Protected by 17 USC 512(d) for Links to Infringing Content; Perfect 10’s Takedown Notices Were Mostly Insufficient
By Eric Goldman Perfect 10, Inc. v. Google, Inc., 2:04-cv-09484-AHM-SH (C.D. Cal. July 26, 2010) In 2007, the Ninth Circuit issued an important but befuddling ruling in Perfect 10 v. Amazon and Google. That ruling addressed Perfect 10’s prima facie…
Yet Another TM Owner Gives Up Against Google–Ezzo v. Google
By Eric Goldman Jamil Ezzo has apparently given up his lawsuit against Google over AdWords. The dismissal. This was a silly lawsuit that never should have been brought (it was over the purported trademark “Locate Plastic Surgeon” for gosh sakes),…
AOL’s Disclosure of Search Data May Support Claims Under California Law
[Post by Venkat] Does v. AOL LLC, Case No. C06-5866 SBA (N.D. Cal.; June 22, 2010) Plaintiffs bringing a class action against AOL for improper disclosure of search data scored in an initial victory in the Northern District of California….
Q2 2010 Quick Links Part 2
By Eric Goldman Marketing and Advertising * Good talk from FTC Chair Leibowitz: “we have great hopes for self-regulation….So long as self-regulation is making forward progress, the FTC is not interested in regulating” behavioral targeting. * NYT on teaching middle…
Three Gripers Get Disadvantageous Jurisdictional Appellate Rulings in Defamation Cases
By Eric Goldman Three recent appellate rulings, coming within 8 days of each other, illustrate how hard it is for an online griper to stay out of his/her target’s home court. None of these opinions are clearly wrong, but I…
Google Can’t Shake Cybersquatting Claim–Vulcan Golf v. Google
By Eric Goldman Vulcan Golf, LLC v. Google Inc., 1:07-cv-03371 (N.D. Ill. June 9, 2010). My 2007 blog post when the complaint was filed. My 2008 blog post on the denial of a motion to dismiss. My 2008 blog post…
Google Street View Litigation Mania–Seven Class Action Lawsuits and Counting
By Eric Goldman It appears that virtually the entire plaintiff’s bar saw Google’s blog post that it captured wi-fi payload data as part of its data collection for Google Street View. At least 7 class action lawsuits have been filed:…
Another Trademark Owner Apparently Gives Up Lawsuit Against Google–Parts Geek v. US Auto Parts
By Eric Goldman Parts Geek LLC v. U.S. Auto Parts Network, Inc., 5:10-cv-01713-JF (N.D. Cal. voluntary dismissal May 5, 2010) In April, Google successfully transferred the Parts Geek keyword advertising lawsuit from New Jersey to its home court in Northern…
Google Sued for Click Fraud for the First Time in Years–123 Lock and Key v. Google
By Eric Goldman 123 Lock and Key LLC v. Google, Inc. (Wash. Superior Ct. complaint filed May 21, 2010) After Google and Yahoo settled their click fraud lawsuits in 2006, click fraud litigation has been fairly rare. There is a…