KinderStart Second Amended Complaint
By Eric Goldman KinderStart v. Google, Case 5:06-cv-02057-JF (N.D. Cal. second amended complaint filed Sept 1, 2006) After its last complaint was dismissed in its entirety, not surprisingly KinderStart is trying again with a second amended complaint—a 63 page behemoth….
Do Quotation Marks Matter? Yes (in the Ninth Circuit)–Picture It Sold v. iSOLD It
By Eric Goldman Picture It Sold, Inc. v. iSOLD It, LLC, 2006 WL 2467552 (9th Cir. Aug. 28, 2006) The plaintiff sued iSOLD for trademark infringement based on competitive keyword ad purchases, and it sought an injunction against continued keyword…
August 2006 Quick Links (Volume 2)
By Eric Goldman Some more things that caught my eye in the past month (see Volume 1): * Wikipedia’s entry on trademarks that have become generic. “Google” isn’t listed…yet—instead, it’s listed as a trademark “often used generically”. HT: Marty. My…
Brand Spillovers Talk
By Eric Goldman Yesterday, at the IP Scholars Conference at Boalt, I presented my paper currently titled “Brand Spillovers.” This is the evolution of my project from last year I was calling Trademark Adjacency. I’m still trying to think through…
Jews for Jesus v. Google Lawsuit Settles
By Eric Goldman Jews for Jesus v. Google, Inc., 05-CV-10684 (SDNY voluntary dismissal filed July 26, 2006) You may recall the lawsuit filed by Jews for Jesus against Google in December. The lawsuit involved a BlogSpot user who created a…
Google Click Fraud Settlement Approved
By Eric Goldman The Arkansas judge approved the settlement in the Lane’s Gifts and Collectibles v. Google case. Ruling here. Google’s announcement here. For reasons I’ve explained before, this is a Big Win for Google (and, not a bad payday…
Yahoo Click Fraud Settlement Preliminary Approval
By Eric Goldman Checkmate Strategic Group, Inc. v. Yahoo, Inc., No. 2:05-CV-04588-CAS-FMO (C.D. Cal. preliminary settlement approved June 28, 2006) I’m a little late blogging this, but Yahoo has gotten preliminary approval to settle its click fraud lawsuits. The basic…
Google Click Fraud Report
By Eric Goldman In preparation for the court’s final approval of the settlement in the Lane’s Gifts v. Google click fraud case, the parties hired an expert to assess Google’s click fraud control mechanisms. The report can be found here….
Search Engine Liability for Selling Keywords Redux–800-JR Cigar v. GoTo.com
By Eric Goldman 800-JR Cigar, Inc. v. GoTo.com, Inc., 2006 WL 1971659 (D. N.J. July 13, 2006) This is a confusing but important case about search engine liability for selling trademarked keywords. Because of the opinion’s convoluted nature, there’s no…
Another Day, Another Lawsuit Over Search Engine Placement–Datner v. Yahoo
By Eric Goldman Datner v. Yahoo! Inc, Case No. BC355217 (Cal. Superior Court complaint filed July 11, 2006) Websites dropped from search engine databases may not be getting rich, but maybe their lawyers are. This is the latest entry in…