Court OKs Private Seizure of Domain Names Which Allegedly Sold Counterfeit Goods–Chanel, Inc. v. Does
[Post by Venkat Balasubramani] Chanel, Inc. v. Does, et al., 11-cv-01508-KJD-PAL (D. Nev.) (Sept. 26, 2011 Order) (Oct. 11, 2011 Order) (Nov. 14, 2011 Order) Luxury brand Chanel has engaged in a fierce campaign against counterfeit websites in federal court…
Court Awards Damages for Wrongful Disruption of Web Presence — Ordonez v. Icon Sky Holdings
[Post by Venkat Balasubramani] Ordonez v. Icon Sky Holdings LLC, 10-cv-60156-PAS (S.D. Fla. Aug. 30, 2011) This was another dispute involving two parties who jockeyed for control of an online presence. I guess you could say that one “jacked” the…
Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act
By Eric Goldman [Note: I’ve been working on this post for about 2 weeks, so my apologies if my comments are duplicative of the intervening discussion about the bill] The DMCA online safe harbors have worked pretty well over the…
Australian Court Says Google Isn’t Liable for Advertiser’s Misleading Ad–ACCC v. Trading Post (Guest Blog Post)
By Guest Blogger Mark Bender, with some comments by Eric Australian Competition and Consumer Commission v Trading Post Australia Pty Ltd [2011] FCA 1086 (September 22, 2011, corrected October 10, 2011) [Eric’s introduction: Mark Bender is a business law lecturer…
Keyword Metatags are Back…Will Judicial Freakouts Continue?
By Eric Goldman Keyword metatags are back, and I couldn’t be less thrilled. Few Internet technologies have so thoroughly baffled judges as keyword metatags. From a technologists’ perspective, keyword metatags were a 1990s experiment by public search engines at improving…
Google Defeats Class Certification in Keyword Ad Lawsuit–FPX v. Google
By Eric Goldman FPX, LLC v. Google, Inc., 2011 WL 4783376 (E.D. Tex. Sept. 29, 2011) Google obtained a major victory in one of the most serious pending lawsuits against it challenging its AdWords keyword advertising program. Putative class action…
Q3 2011 Quick Links, Part 2 (Trademarks/Domain Names Edition)
By Eric Goldman * In the Betty Boop case (Fleischer Studios v. AVELA), the Ninth Circuit stepped back from some of its perplexing language about aesthetic functionality and the Dastar opinion, but the revised opinion remains confusing. Rebecca’s coverage. *…
Re-registration of Domain Name is not a “Registration” Under the ACPA — GoPets Ltd. v. Hise
[Post by Venkat Balasubramani] GoPets Ltd. v. Hise, 08-56110; 08-56112 (9th Cir. Sept. 22, 2011) Although Eric is not a big fan of them, the Ninth Circuit has produced a slew of domain name opinions this year. GoPets Ltd. v….
Facebook’s Trademark Suit Against Teachbook Survives Motion to Dismiss
by Eric Goldman Facebook, Inc. v. Teachbook.com LLC, 2011 WL 4449686 (N.D. Ill. Sept. 26, 2011). Facebook has been helping many lawyers send their kids to private school with an expensive enforcement campaign to control the prefix “face” and suffix…
Court Declines to Dismiss or Transfer Lawsuit Over @OMGFacts Twitter Account — Deck v. Spartz, Inc.
[Post by Venkat Balasubramani] Deck v. Spartz, Inc., 11-Cv-1123 (E.D. CA.; Sept. 27, 2011) I posted about the lawsuit involving the @OMGFacts Twitter account some time ago. (“Thoughts on the Lawsuit Over the @OMGFacts Twitter Account.”) The account was created…