Jews for Jesus v. Google Lawsuit Settles

By Eric Goldman Jews for Jesus v. Google, Inc., 05-CV-10684 (SDNY voluntary dismissal filed July 26, 2006) You may recall the lawsuit filed by Jews for Jesus against Google in December. The lawsuit involved a BlogSpot user who created a…

Send in the Clowns’ (Lawyers)

By Eric Goldman In response to parental demands, some clowns wear (without permission) costumes that imitate Barney the dinosaur, Bob the Builder, Thomas the Tank Engine, Clifford the Big Red Dog and other cartoon characters as part of their birthday…

Stay at Home Mom K’s Johnny Damon’s Right of Publicity Claim

By John Ottaviani Last week, ESPN.com reported yet another unsuccessful and ridiculous attempt to use trademark law to stifle negative commentary. According to the article, Ann Sylvia, a Massachusetts mother of two children, has operated an on-line store on eBay…

Search Engine Liability for Selling Keywords Redux–800-JR Cigar v. GoTo.com

By Eric Goldman 800-JR Cigar, Inc. v. GoTo.com, Inc., 2006 WL 1971659 (D. N.J. July 13, 2006) This is a confusing but important case about search engine liability for selling trademarked keywords. Because of the opinion’s convoluted nature, there’s no…

Trademark Travesty of the Month–SMJ Group v. 417 Lafayette Restaurant

By Eric Goldman SMJ Group, Inc. v. 417 Lafayette Restaurant LLC, 2006 WL 1881768 (S.D.N.Y July 6, 2006) I’ve read so many horrible trademark decisions that I barely notice the garden-variety judicial screw-up. But this case is so exceptional and…

June 2006 Quick Links

By Eric Goldman I have had virtually no Internet access over the past 10 days due to my move and travels, so my Bloglines account was bulging with more than 1700 articles. Here’s a quick look at some of the…

Search Engines Awarded Legal Fees in Unmeritorious Copyright Case–Newborn v. Yahoo

By Eric Goldman Newborn v. Yahoo, 2006 WL 1409769 (D.D.C. May 23, 2006) I blogged about this case in November 2005. At that time, the plaintiff sued Yahoo and Google under copyright and trademark law because the search engines had…

O’Reilly and the “Web 2.0” Trademark

By Eric Goldman O’Reilly Media is a publisher of technical books. They also operate some technical conferences, including the “O’Reilly Web 2.0 Conference.” They are in the process of registering a trademark in the phrase “Web 2.0” for Arranging and…

Merck v. Mediplan Redux–Keyword Purchases Really Aren’t Trademark Use

By Eric Goldman Merck & Co. v. Mediplan Health Consulting, Inc., 2006 WL 1418616 (SDNY motion for reconsideration denied May 24, 2006) In late March, the legality of the search engine keyword advertising industry got very murky due to two…

Edina Realty v. TheMLSOnline Settles

By Eric Goldman The Edina Realty v. TheMLSOnline case, which held (among other things) that purchasing a trademarked keyword was a trademark use in commerce, has reportedly settled, according to the Associated Press. That leaves in place the conflict between…