Section 230 Still Keeping the Pro Se Plaintiffs at Bay–Klayman v. Facebook, and More
By Eric Goldman I’m personally committed to blogging every Section 230 case I see, but I fell off the wagon in the second half of 2012. So what better way to usher out 2012 and ring in the new year…
Useful Article on the First Sale Doctrine in Trademark Law (Guest Blog Post)
By Guest Blogger Yvette Joy Liebesman [Eric’s Note: We’ve repeatedly blogged on first sale/exhaustion principles on the blog, usually lamenting how easily circumscribed they are (see, e.g,. the posts about Mary Kay v. Weber and the Beltronics case) and the…
Amazon Not Liable for Affiliates’ Allegedly Bad Acts–Routt v. Amazon
By Eric Goldman Routt v. Amazon.com, Inc., C12-1307JLR (W.D. Wash. Nov. 30, 2012) Sandy Routt is an artist (check out SandysBeachGifts.com if you care). She claims that Amazon affiliates (called “associates” in Amazon’s vernacular) displayed her copyrighted photos (product shots)…
Employee/Ex-Employer Lawsuit Over Twitter Account Settles – Phonedog v. Kravitz
[Post by Venkat Balasubramani] PhoneDog v. Kravitz, No. C 11-03474 MEJ (N.D. Cal.) This is one of the first cases where employee and employee (in this case contractor) battled over a Twitter account. Noah Kravitz worked for PhoneDog as a…
Yet Another Ruling That Competitive Keyword Ad Lawsuits Are Stupid–Louisiana Pacific v. James Hardie (Forbes Cross-Post)
By Eric Goldman Louisiana Pacific Corp. v. James Hardie Building Products, Inc., 2012 U.S. Dist. LEXIS 162980 (N.D. Cal. Nov. 14, 2012). The initial complaint. The amended complaint filed after this ruling. It’s been surreal watching plaintiff-side trademark lawyers lament…
AmeriGas Gives Up Its Lawsuit Against PissedConsumer
By Eric Goldman AmeriGas and Opinion Corp. (PissedConsumer) have settled their case. Law360 report. My prior blog post on a preliminary ruling in this case. I blog about settlements only occasionally, but I thought this settlement was interesting for two…
Another Google AdWords Advertiser Defeats Trademark Infringement Lawsuit–CollegeSource v. AcademyOne (Forbes Cross-Post)
By Eric Goldman CollegeSource, Inc. v. AcademyOne, Inc., 2012 WL 5269213 (E.D. Pa. October 25, 2012) Over the last dozen years, there have been countless trademark lawsuits over competitive keyword advertising (i.e., when a company buys its competitor’s trademark to display…
Intellectual Property on the Internet: A Brief Comparison of the Current Situation in Europe and the United States (Guest Blog Post)
by Guest Blogger Pablo García Mexía, J.D., Ph.D [Visiting Professor of Internet Law, The College of William & Mary. English translation by Morgan G. Fletcher, B.A. Cornell, William & Mary Law School, Class of 2014. The original Spanish version of…
With Rosetta Stone Settlement, Google Gets Closer to Legitimizing Billions of AdWords Revenue (Forbes Cross-Post)
By Eric Goldman After 3+ years of litigation, Google ($GOOG) and Rosetta Stone ($RST) settled Rosetta Stone’s trademark lawsuit over Google AdWords. The settlement terms are confidential, but a joint statement published in Reuters says that the parties will “meaningfully collaborate…
Google Gets Unwanted Ruling in AdWords Trademark Lawsuit–CYBERsitter v. Google
By Eric Goldman CYBERsitter LLC v. Google, Inc., 2012 WL 5873650 (C.D. Cal. Oct. 24, 2012) This is one of three remaining trademark lawsuits against Google for AdWords. The other two pending suits are Rosetta Stone and Home Decor Center;…