AIT Click Fraud Lawsuit Stayed
By Eric Goldman Advanced Internet Technologies v. Google, 2006 WL 889477 (N.D. Cal. Apr. 5, 2006) AIT is the lead plaintiff who replaced Click Defense in a click fraud class action lawsuit. Last month, Google announced a tentative settlement of…
Keyword Purchases Not a Trademark Use–Merck v. Mediplan Health Consulting
By Eric Goldman Merck & Co. v. Mediplan Health Consulting, 2006 WL 800756 (SDNY Mar. 30, 2006) About a week after Edina Realty v. TheMLSonline allowed a keyword purchase of a competitor’s trademark to go to trial, we got another…
Search Engine Bias Article
By Eric Goldman Search engines ranking algorithms create winners and losers, and some people don’t like this system. Obviously the losers don’t like it (see the KinderStart v. Google lawsuit as an example). More importantly, commentators with normative views about…
Competitor’s Keyword Ad Purchase May Be Trademark Infringement–Edina Realty v. TheMLSonline
By Eric Goldman Edina Realty, Inc. v. TheMLSonline.com, 2006 WL 737064 (D. Minn. Mar. 20, 2006) There have been many lawsuits involving keyword advertising, but in most of the reported decisions, the search engines were the defendants. There have been…
Google Sued Over Rankings–KinderStart.com v. Google
By Eric Goldman KinderStart.com LLC v. Google, Inc., No. C 06-2057 RS (N.D. Cal. complaint filed March 17, 2006) Google has been sued for downgrading the PageRank of websites in contravention of its stated “objective” policies. In KinderStart’s case, they…
Lane’s Gifts Click Fraud Lawsuit Near Settlement
By Eric Goldman Google announced that it is near a settlement in the Lane’s Gifts class action lawsuit over click fraud. The way I read the announcement, the parties have agreed to the terms, so the settlement just needs the…
Congress Is Lovin’ the Internet…to Death?
By Eric Goldman Congress has an unresolved love-hate attitude towards the Internet. Through the 1990s, Congress frequently said that the Internet should be left alone from a regulatory standpoint. Indeed, in some cases, Congress affirmatively deregulated the Internet; 47 USC…
Barrett on Internet Trademark Use
By Eric Goldman Margreth Barrett, a law professor at UC Hastings, has published Internet Trademark Suits and the Demise of “Trademark Use,” 39 U.C. Davis L. Rev. 371 (2006). The article makes a persuasive argument that the trademark use doctrine…
More on Perfect 10 v. Google
By John Ottaviani Eric will undoubtedly have more to say, but here are my immediate thoughts on this case. Leave it to the porn industry to make copyright law on the Internet. Perfect 10 alleges that Google (and, in a…
Perfect 10 Wins Injunction Against Google
By Eric Goldman Perfect 10 v. Google, Inc., CV 04-9484 AMH (C.D. Cal. Feb. 17, 2006) A major new ruling in the running battle over search engines and copyrights–this time concluding that Google’s creation and display of thumbnail images may…