April 2009 Quick Links
By Eric Goldman [Just a reminder that I am posting some “quick links” exclusively to my Twitter account, so if you want to keep up with everything, follow me at Twitter or subscribe to the RSS feed.] Marketing/Spam * Zango…
Promatek Redux: Software Consultant Enjoined from Metatag Usage and Other TM References–Deltek v. Iuvo
By Eric Goldman Deltek, Inc. v. Iuvo Systems, Inc., 2009 WL 1073196 (E.D. Va. April 20, 2009). The Justia page. Every year in Cyberlaw, I teach Promatek v. Equitrac, a Seventh Circuit metatags case from 2002 noteworthy for its multiple…
Catching Up on Three Keyword Advertising Cases–Hearts on Fire, Romeo & Juliette, AAA
By Eric Goldman Three trademark owner v. advertiser rulings from the past month: Hearts on Fire Co. v Blue Nile, Inc., 2009 WL 794482 (D. Mass. March 27, 2009). The Justia page. This is an interesting and potentially very important…
eBay Resales Constitute Trademark Infringement Despite First Sale Doctrine–Beltronics v. Midwest
By Eric Goldman Beltronics USA Inc. v. Midwest Inventory Distribution, No. 07-3340 (10th Cir. April 9, 2009) This is yet another online channel leakage case (for my last visit to this topic, see the Mary Kay v. Weber case). Beltronics…
Graeme Dinwoodie on Rescuecom v. Google
By Eric Goldman [Eric’s note: As I mentioned, I’m getting a lot of private emails about Rescuecom v. Google, including the email from Margreth Barrett that I blogged last week. Today, I got the following email from Graeme Dinwoodie, a…
GoDaddy Sued for Cybersquatting for Parked Domain Names–uBid v. GoDaddy
By Eric Goldman uBid, Inc. v. GoDaddy Group, Inc., 1:09-cv-02123 (N.D. Ill. complaint filed April 6, 2009) Domain name parking programs have generated some lawsuits, including the Vulcan Golf v. Google lawsuit (plus several “me-too” lawsuits following in its footsteps)…
Q1 2009 Quick Links, Part 2
By Eric Goldman Trademarks/Domain Names * The ridiculous Jones Day v. BlockShopper case settled. The settlement agreement. The ABA Journal and Legal Blog Watch stories. Commentary from CMLP, Paul Levy, Tom O’Toole. * The trial court denouement of the S&L…
Margreth Barrett on Rescuecom v. Google
By Eric Goldman [Eric’s note: my email in-box is bulging with emails trying to sort out last Friday’s Second Circuit decision in Rescuecom v. Google. I got the email below from Margreth Barrett, a law professor at UC Hastings who…
Second Circuit Says Google’s Keyword Ad Sales May Be Use in Commerce–Rescuecom v. Google
By Eric Goldman Rescuecom Corp. v. Google Inc., 562 F.3d 123 (2d Cir. April 3, 2009) The Second Circuit has issued its long-anticipated opinion in Rescuecom v. Google over Google’s sale of trademarked keywords as ad triggers. In a disappointing…
“Locate Plastic Surgeon” Trademark Registrant Brings Dubious Enforcement Action–Ezzo v. Google
By Eric Goldman Ezzo v. Google, 2:09-CV-00159 (M.D. Fla. complaint filed March 17, 2009). The Justia page. I’m suffering ennui about blogging pro se lawsuits against companies like Google. Most of them are completely unmeritorious and poorly expressed, so they…