Keyword Ads and Other Marketing Supports Remote Jurisdiction–Market America v. Optihealth
By Eric Goldman Market America v. Optihealth Products, Inc., 2008 WL 5069802 (M.D.N.C. Nov. 21, 2008) This lawsuit involves the trademark “OPC-3.” “OPC” is the generic term for “group of antioxidant bioflavonoids” that companies sell as dietary supplements. The plaintiff…
November 2008 Quick Links
By Eric Goldman Trademark * NYT: “A handful of new Web sites with names like Typo Bay and Typo Buddy are out to help shoppers save money by searching eBay for misspelled brand names.” In 2005, I blogged that typographical…
Yahoo Countersues American Airlines for Declaratory Judgment
By Eric Goldman Yahoo, Inc. v. American Airlines, Inc., C08-05308 (N.D. Cal. complaint filed Nov. 21, 2008). The Justia page. As you recall, American Airlines recently followed its July settlement with Google by bringing a clone-and-revise trademark infringement lawsuit against…
Google Book Search Settlement Comments (A Little Late)
By Eric Goldman The Google Book Search settlement sparked plenty of discussion, but the coverage was suppressed by the high entry barriers to commenting–specifically, 300 pages of dense slow-reading legalese in the settlement agreement. Some of you may be faster…
Search Engines Aren’t Liable for Gambling Ads Per 230–Cisneros v. Yahoo
By Eric Goldman Cisneros v. Yahoo, CGC-04-433518 (Cal. Superior Ct. “Tentative Trial Decision” Nov. 6, 2008) I am frequently asked if 47 USC 230 protects websites for claims based on the ads they run. My answer is emphatically “yes” unless…
October 2008 Quick Links, Part 3
By Eric Goldman Pornography * Can you believe this? A 15 year old girl took nude photos of herself using her cellphone and sent the photos to her peers. She is now being prosecuted on child pornography charges. The girl’s…
October 2008 Quick Links, Part 2
By Eric Goldman Spam * Kramer v. Perez. An Iowa court awards $236M in damages in a spam case. Venkat’s comments. * After the government lost its jury trial against Impulse Media, the court denied Impulse Media attorneys fees. Contracts…
October 2008 Quick Links, Part 1 (Copyright Edition)
By Eric Goldman * Happy (?) 10th birthday, DMCA. The EFF birthday cards (1, 2). * Speaking of the DMCA, Sen. McCain got a first-hand experience with it when his lawyer complained to YouTube that YouTube was taking down campaign…
Lambotte’s Click Fraud Lawsuit Against IAC Survives Motion to Dismiss
By Eric Goldman Lambotte v. IAC/InterActiveCorp, 2008 WL 4829882 (C.D. Cal. Nov. 4, 2008). Initial blog post on the filing of the first complaint. Lambotte filed this putative class action lawsuit against IAC in May based on alleged click fraud….
Stockholder Derivative Action Against Yahoo Based on Click Fraud Rebuffed–Brodsky v. Yahoo
By Eric Goldman Brodsky v. Yahoo! Inc., 2008 WL 4531815 (N.D. Cal. Oct. 7, 2008). The Justia page. Previous blog coverage. You may recall this stockholder derivative lawsuit against Yahoo alleging that Yahoo hyped its stock prices by overstating its…