Keyword Advertising is TM Use in Commerce But Doesn’t Violate Injunction–Boston Duck Tours v. Super Duck Tours
By Eric Goldman Boston Duck Tours, LP v. Super Duck Tours, LLC, 2007 WL 4465464 (D. Mass. Dec. 5, 2007) In the latest advertiser-vs.-advertiser lawsuit over keyword advertising, a court from the First Circuit (in Massachusetts) deemed keyword advertising to…
Oct.-Nov. 2007 Quick Links, Part 1
By Eric Goldman I was so jammed at the beginning of November that I didn’t have time to post my quick links from October. Never fear; that omission is being corrected with a double shot of quick links covering October…
Search Redirection Tool Could Be Trespass to Chattels–Burgess v. EForce
By Eric Goldman Burgess v. EForce Media, Inc., 2007 WL 3355369 (W.D.N.C. Nov. 9, 2007) Every now and then a consumer goes on a me-vs.-the-world bender and decides to unilaterally save society by suing everyone in sight. Burgess’ anger over…
Google and Yahoo Sued for Hosting Content That Allegedly Infringes Trademarks–(ISC)2 v. Degraphenreed
By Eric Goldman International Information Systems Security Certifications Consortium v. Degraphenreed, 2:07 CV 1195 (S.D. Ohio complaint filed Nov. 16, 2007) International Information Systems Security Certifications Consortium (“ISC2”) offers a professional designation entitled “Certified Information Systems Security Professional,” or “CISSP”…
Google Resists Subpoena for Keyword Ad Purchases–Connor Sport Court v. Google
By Eric Goldman Connor Sport Court International, Inc. v. Google Inc., CV-06-3066 PHX JAT // CV 07-80252 (N.D. Cal. motion to compel filed Oct. 31, 2007) This summer, I reported on trademark litigation between Connor Sport Court and Rhino Court….
Chandler on Regulating Search Engine Bias
By Eric Goldman I find the topic of search engine bias especially fascinating because it seems to bring out strong pro-regulatory sympathies in many people. Just about every academic (other than me) who has written on the topic has sought…
Google’s Motion to Dismiss American Airlines’ Lawsuit Denied
By Eric Goldman American Airlines, Inc. v. Google, Inc., 4:07-cv-00487 (N.D. Tex. Oct. 24, 2007) In an uninsightful one-page order, the court has denied Google’s motion to dismiss American Airlines’ lawsuit over Google’s keyword advertising sales. Because the judge reveals…
Utah Trademark Protection Act Dying a Slow Death
By Eric Goldman As I reported before, the backroom negotiations over the Utah Trademark Protection Act have produced a compromise where Utah would still create a mark registry but there would no legal consequences to selling/purchasing a registered mark. Obviously,…
AFP v. Google News Redux–AP v. Moreover
By Eric Goldman Associated Press v. Moreover Technologies, Inc., 07 CIV 8699 (SDNY complaint filed Oct. 9, 2007) I don’t understand Moreover. From their website, they describe themselves as: the premier provider of real-time news, current awareness and business information,…
September 2007 Quick Links Part II
By Eric Goldman Contracts * Manasher v. NECC Telecom, No. 06-cv-10749 (E.D. Mich. Sept. 18, 2007). NECC included the following language on its invoices: “NECC’s Agreement ‘Disclosure and Liabilities’ can be found online at www.necc.us or you could request a…