December 2006 Quick Links
By Eric Goldman * JP Enterprises, Inc. v. HDVE, LLC, 1:06-cv-01046-REB-PAC (D. Colo.). In June 2006, JP Enterprises sued Yahoo for selling its trademarks for keyword-triggered ads. In December, JP Enterprises and Yahoo stipulated a dismissal of the case against…
Competitive Keyword Purchase Doesn’t Contribute to Actual Dilution–Nautilus v. Icon
By Eric Goldman Nautilus Group, Inc. v. Icon Health & Fitness, Inc., 2006 WL 3761367 (W.D. Wa. Dec. 21, 2006) In a long-running dispute, BowFlex sued competitor CrossBow for trademark dilution. CrossBow moved for summary judgment, claiming (among other things)…
Keyword Ads and Metatags Don’t Confuse Consumers–J.G. Wentworth v. Settlement Funding
By Eric Goldman J.G. Wentworth SSC Ltd v. Settlement Funding LLC, No. 06-0597 (E.D. Pa. Jan. 4, 2007) The keyword advertising legal roller-coaster continues. Last time I blogged on the matter in the Buying for the Home case, I indicated…
Top Cyberlaw Developments of 2006
By Eric Goldman and John Ottaviani [Eric’s Note: I will be in Israel for the rest of the year. So while it’s a little premature to publish an end-of-the-year recap, this may be my last post for the year. John…
Nov. 2006 Quick Links
By Eric Goldman My monthly roundup of noteworthy tidbits: * Yesmail, an email outsource vendor, was busted by the FTC under CAN-SPAM for failing to honor opt-out requests because Yesmail’s incoming email filters blocked those opt-out requests as spam. This…
Griping Blog Post Leads to Lawsuit–BidZirk v. Smith
By Eric Goldman BidZirk, LLC v. Smith, 2006 WL 3242333 (D.S.C. Nov. 7, 2006) Despite all of the hype about blog law, the reality is that we’ve had comparatively few blog-specific lawsuits. As a result, we give extra attention to…
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….