Adware, Spam and Some of My Other Favorite Topics
By Eric Goldman There has been a flurry of interesting legal developments in the last few days: * The plaintiffs voluntarily and unilaterally dismissed (with prejudice) Simios v. 180solutions, one of several putative class actions against adware vendors. See the…
Do Quotation Marks Matter? Yes (in the Ninth Circuit)–Picture It Sold v. iSOLD It
By Eric Goldman Picture It Sold, Inc. v. iSOLD It, LLC, 2006 WL 2467552 (9th Cir. Aug. 28, 2006) The plaintiff sued iSOLD for trademark infringement based on competitive keyword ad purchases, and it sought an injunction against continued keyword…
August 2006 Quick Links (Volume 2)
By Eric Goldman Some more things that caught my eye in the past month (see Volume 1): * Wikipedia’s entry on trademarks that have become generic. “Google” isn’t listed…yet—instead, it’s listed as a trademark “often used generically”. HT: Marty. My…
Trademark Coexistence Agreement Article
By Eric Goldman Marianna Moss (a friend/wife of my former colleague) has written an article entitled Trademark “Coexistence” Agreements: Legitimate Contracts or Tools of Consumer Deception?, 18 Loyola Consumer Law Review 197 (2005). To my knowledge, this is the first…
Brand Spillovers Talk
By Eric Goldman Yesterday, at the IP Scholars Conference at Boalt, I presented my paper currently titled “Brand Spillovers.” This is the evolution of my project from last year I was calling Trademark Adjacency. I’m still trying to think through…
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…