[Post by Venkat Balasubramani] Apple Inc. v. Psystar Corp., 10-15113 (9th Cir. Sept. 28, 2011) [pdf] This is a dispute over whether Apple can enforce a restriction in its software license agreements which requires end users to run the Mac…
[Post by Venkat Balasubramani with comments from Eric] Woods v. Google, 5:10-cv-1263-JF (N.D. Cal.; Aug 10, 2011) This is an advertiser vs. Google lawsuit where the plaintiff argued on behalf of a putative class that (1) he was improperly charged…
By Eric Goldman See the other quick links posts in this series: * Q3 2011 Quick Links, Part 4 * Q3 2011 Quick Links, Part 3 * Q3 2011 Quick Links, Part 2 (Trademarks/Domain Names Edition) * Q3 2011 Quick…
[Post by Venkat Balasubramani with additional comments from Eric] Dunstan v. comScore, Inc., 11-cv-05807 (N.D. Ill. Oct. 7, 2011) Plaintiffs sued comScore, alleging that comScore improperly obtained and misused plaintiff’s personal information, after plaintiffs downloaded and used comScore’s software. comScore…
By Eric Goldman Content Regulation * Lawmakers are putting the squeeze on advertisers to be content police. Meanwhile, VeriSign begged for the right to act as content police before changing its mind. * Kowalski v. Koster, 2011 WL 4349365 (W.D….
[Post by Venkat Balasubramani] Hafke v. Rossdale Group, LLC, 11-cv-220 (W.D. Mich.; Oct. 7, 2011) Hafke described himself as someone who is “attempting to stop Spam in Michigan.” He sued Rossdale, a continuing legal education provider, complaining about six unsolicited…
By Eric Goldman Advertising Search Marketing * Search Engine Land: “In many cases, it is worth buying keywords even if you rank organically for them.” Similarly, a Google study indicates that PPC advertising lifts clicks on organic results. Prior blog…
[Post by Venkat Balasubramani] Commonwealth Mktg. Group v. IMG Assocs., 08-5074 (W.D. Wash. Sept. 28, 2011) Commonwealth Marketing asserted claims for indemnification against IMG Associates, for underlying claims brought by prolific spam plaintiff James Gordon. Among other cases, Gordon is…
By Eric Goldman FPX, LLC v. Google, Inc., 2011 WL 4783376 (E.D. Tex. Sept. 29, 2011) Google obtained a major victory in one of the most serious pending lawsuits against it challenging its AdWords keyword advertising program. Putative class action…
By Eric Goldman * In the Betty Boop case (Fleischer Studios v. AVELA), the Ninth Circuit stepped back from some of its perplexing language about aesthetic functionality and the Dastar opinion, but the revised opinion remains confusing. Rebecca’s coverage. *…