Beebe on Trademark Dilution

By Eric Goldman Barton Beebe, A Defense of the New Federal Trademark Antidilution Law, 16 Fordham Intell. Prop. Media & Ent. L.J. 1143 (2006) Barton provides a (relatively) succinct policy analysis of the Trademark Dilution Revision Act. He concludes that…

October 2006 Quick Links

By Eric Goldman * All the media wants to do is talk about Google. All Google, all the time. Three major pieces in the span of three days: The NYT on lawsuits against Google. The WSJ on Google’s hiring practices….

Keyword Law and Blog Law Presentations

By Eric Goldman I took a lovely (but wet) 30 hour trip to Portland to give 2 talks: * Keyword Law talk (substantially revised from my last talk on the topic August 2005) * Blog Law talk (modestly revised from…

Courts Can’t Figure Out if Buying Keywords Constitutes Trademark Use–Buying for the Home v. Humble Abode

By Eric Goldman Buying for the Home, LLC v. Humble Abode, LLC, 03-CV-2783 (JAP) (D.N.J. Oct. 20, 2006) 2006 has been a bit of a jurisprudential disaster on the question of whether buying/selling keywords constitutes a trademark use in commerce….

Trademark Dilution Revision Act of 2006

By Eric Goldman Last week, President Bush signed the Trademark Dilution Revision Act of 2006 into law. Ostensibly, this law was intended to overturn the Moseley case’s requirement that plaintiffs show “actual dilution” instead of a “likelihood of dilution.” However,…

Online Word of Mouth Presentation

By Eric Goldman Today I was in Pittsburgh presenting a work-in-progress talk called “Online Word of Mouth and Its Implications for Trademark Law.” My slides. Frank Pasquale’s and Rebecca Tushnet’s comments on the presentation.

Sept. 2006 Quick Links

By Eric Goldman Some stories that caught my eye in September: * Digg users are gaming the Digg algorithm. Greg Linden’s take. Naturally, Digg is fighting back by tweaking its algorithm to reduce the effect of gaming and preserve some…

Google Wins Keyword Lawsuit–Rescuecom v. Google

By Eric Goldman Rescuecom Corp. v. Google, Inc., No. 5:04-CV-1055 (N.D.N.Y. Sept. 28, 2006). You can find the ruling here (WARNING: 1.7MB file) Introduction and the 1-800 Contacts Precedent Last year, the Second Circuit issued a major ruling in the…

Outdated Metatags Don’t Infringe–Pop Warner v. NH Youth Football & Spirit Conference

By Eric Goldman Pop Warner Little Scholars, Inc. v. New Hampshire Youth Football & Spirit Conference, 2006 WL 2591480 (D. N.H. Sept. 11, 2006) Metatag lawsuits befuddle me for two reasons. First, and most importantly, KEYWORD METATAGS ARE IRRELEVANT from…

Internet Law Updates Talk

By Eric Goldman Yesterday I gave a talk called “Internet Law Updates” at an event sponsored by the California State Bar’s IP Section. My slides.