Damages from Competitive Keyword Advertising Are "Vanishingly Small"

Competitive keyword advertising lawsuits typically lose on their merits, but in this particular case, the defendants conceded that their AdWords campaign contributed to trademark infringement. Nevertheless, the defendants contested damages, and the court tells an oh-so-familiar story: Apparently, Defendants bid…

Blogiversary Celebration Part 4: How Internet Law and IP Law Have Evolved

This is the final part of my four-part series celebrating our 10th blogiversary. I asked the following question: What do you think is the most significant change in intellectual property law or Internet law over the past 10 years? This…

More Defendants Win Keyword Advertising Lawsuits

I’m reporting results in keyword advertising lawsuits as I see them. TL;DR: defendants keep winning. Two more rulings supporting that proposition: CollegeSource, Inc. v. AcademyOne, Inc., 2015 WL 469041 (3d Cir. Feb. 5, 2015). (some citations ommitted) See my blog…

Blogiversary Celebration Part 3: How the Blogosphere Has Evolved

We’re continuing our celebration of the blog’s 10 year anniversary. I asked the following question: What do you think is the most significant change to the blogosphere since 2005? Some responses: Anupam Chander: The loss of Chander.com as a blog,…

Blogiversary Celebration Part 2: About the Blog's Impact

Yesterday, we celebrated the blog’s 10 year anniversary. I apologize in advance for the self-serving nature of this post, but I wanted to know from blog readers: Tell us an anecdote about how the blog has made a difference to…

Happy 10th Blogiversary! (Blogiversary Celebration Part 1)

Today, we’re celebrating the 10th year anniversary of this blog! This is the first of a four-part series celebrating 10 years of blogging. A Short History of the Blog The blog traces its roots to my Internet Law course at…

No Spam Lawsuit When Plaintiff Asked For The Emails--Beyond v. Kraft

Beyond Systems initiated this spam lawsuit. The court characterizes Beyond Systems as (barely) an internet service provider. Beyond was owned by Paul Wagner and its servers were kept at his parents’ Maryland residence. As mentioned by the court, not only…

Google Isn't Liable For Including Unlicensed Locksmiths in Directories--Baldino's Lock v. Google

Some states, including Virginia, require locksmiths to obtain state-issued licenses. Baldino’s Lock & Key, a licensed locksmith, is unhappy about being on the same search results pages as unlicensed locksmiths. It sued Google and various business directory providers for commingling…

Are Facebook Photos More Discoverable In Litigation Than Other Social Media Content? (Forbes Cross-Post)

Social media posts often play an important part in litigation. Posts can provide more insight into the truth than a litigant’s “official” story in court. A 2009 case stands out: a woman was accused of illegally racing on a freeway…

Reports on Expunged Arrest Can't Be Erased From the Internet--Martin v. Hearst

We don’t have a “right to be forgotten” here in the United States, so plaintiffs are experimenting with doctrinal workarounds to achieve the same outcomes. As today’s case illustrates, those workarounds are destined to fail. Lorraine Martin was arrested in…