Yahoo’s Sale of Competitive Keyword Ads Isn’t False Designation of Origin–Heartbrand Beef v. Lobel’s
By Eric Goldman Heartbrand Beef, Inc. v. Lobel’s of New York, LLC, 2009 WL 311087 (S.D.Tex. Feb. 5, 2009). The Justia page. Heartbrand sells Akaushi beef, a special and very expensive Japanese variety of beef. Heartbrand brought an enforcement action…
2008 Cyberlaw Year-in-Review
By Eric Goldman It’s a sign of my schedule that I’m just now getting to this, and this post will be more pithy than I initially conceived. This post recaps some of the Cyberlaw highlights from last year. Frankly, the…
Online Retailer’s Link to House Brand from Manufacturer’s Product Page Might Infringe–BabyAge v. Leachco
By Eric Goldman BabyAge.com, Inc. v. Leachco, Inc., 2009 WL 82552 (M.D. Pa. Jan. 12, 2009). The Justia page. Welcome to the cutthroat world of pregnancy pillows. Leachco manufactures pregnancy pillows and has a patent on them. BabyAge is an…
Web Host Faces Potential Contributory Trademark Liability–Louis Vuitton v. Akanoc
By Eric Goldman Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., C 07-03952 JW (N.D. Cal. Dec. 23, 2008) This is one of countless anti-counterfeiting actions by luxury brands against allegedly infringing websites—but the twist is that the brand owner…
Brand Spillovers Article Now Available
By Eric Goldman I have finally posted my article, Brand Spillovers, to SSRN. It will be published in the Harvard Journal of Law & Technology later this year. I have blogged about this project several times over the past 4…
American Airlines v. Yahoo Venue Transfer Denied
By Eric Goldman American Airlines, Inc. v. Yahoo!, Inc., 4:08-CV-626-A (N.D. Tex. Jan. 16, 2009) The procedural battles over American Airlines’ lawsuit against Yahoo for selling trademarked keywords continue. You may recall that American Airlines sued Yahoo in its home…
Cautionary Tale of Website Co-Ownership–Mikhlyn v. Bove
By Eric Goldman Mikhlyn v. Bove, 2008 WL 4610304 (E.D.N.Y. Oct. 15, 2008). The Justia page. In my Co-Blogging Law article, I discussed the potentially ugly legal consequences of “blog divorces” when co-bloggers fall out of love with each other…
December 2008 Quick Links, Part 1
By Eric Goldman Copyright * Stockwire Research Group, Inc. v. Lebed, 577 F .Supp. 2d 1262 (S.D. Fla. Sept. 18, 2008). $2.5M default judgment for violation of anti-circumvention provisions. * The RIAA announced that it is shifting away from suing…
Vulcan Golf v. Google Class Certification Denied
By Eric Goldman Vulcan Golf, LLC v. Google Inc., 1:07-cv-03371 (N.D. Ill. Dec. 18, 2008). Previous blog posts: initial complaint filed, ruling on motion to dismiss This is a complex lawsuit by trademark owners attacking domaining and the role of…
Keyword Ads and Other Marketing Supports Remote Jurisdiction–Market America v. Optihealth
By Eric Goldman Market America v. Optihealth Products, Inc., 2008 WL 5069802 (M.D.N.C. Nov. 21, 2008) This lawsuit involves the trademark “OPC-3.” “OPC” is the generic term for “group of antioxidant bioflavonoids” that companies sell as dietary supplements. The plaintiff…