By Eric Goldman I’ve already blogged a couple times on the Ninth Circuit’s Barnes v. Yahoo ruling (commentary post; post on rehearing request). In response, I got an email from Maria Crimi Speth of Jaburg & Wilk in Phoenix, AZ….
By Eric Goldman Last week I ruminated at length (3,200 words!) about the Ninth Circuit’s Barnes v. Yahoo opinion. As you may recall, I thought the court’s actual holding–230 preempted a negligence claim but did not preempt a promissory estoppel…
By Eric Goldman The EFF has posted “Avoiding Gripes About Your Gripe (or Parody) Site,” which includes 6 prophylactic recommendations to prospective gripers: 1) Be noncommercial — no ads, no links to commercial sites, no affiliate links, no Café Press…
Courts are splitting over the scope of CAN-SPAM preemption, with even judges in the same federal division disagreeing. By Ethan Ackerman It is a truth universally recognized that a legal blogger whose legal positions cause them to eat crow or…
By Eric Goldman Perfect 10, Inc. v. Amazon.com, Inc., 2009 WL 1334364 (C.D. Cal. May 12, 2009) This long-running case is working its way through the district court after the Ninth Circuit’s 2007 remand. See my previous blog posts about…
By Eric Goldman In my Deregulating Relevancy article from a few years ago, I explained how trademark law was having pernicious consequences for online conversations. Among other unwanted effects, trademark law hinders online discussions about trademarks even when both conversationalists…
By Eric Goldman John Beck Amazing Profits, LLC v. Google Inc. 2:2009cv00151 (E.D. Tex. complaint filed May 14, 2009). The Justia page. Earlier this week, a group of lawyers filed a class action lawsuit against Google and its distribution partners…
By Eric Goldman Barnes v. Yahoo!, Inc., 2009 WL 1232367 (9th Cir. May 7, 2009). My 2005 blog post on the lower court ruling. Reading Barnes v. Yahoo, I had an overpowering sense of deja vu. Almost precisely 2 years…
Google Hit With Major Class Action Trademark Lawsuit Over Trademarked Keyword Ad Sales–FPX v. Google
By Eric Goldman FPX, LLC v. Google, Inc., 2:2009cv00142 (E.D. Tex. complaint filed May 11, 2009) In retrospect, it seems so obvious. Why were the lawyers for these chickenscratch plaintiffs (Rescuecom? Check ‘n’ Go?) suing Google over trademarked keyword ad…
By Eric Goldman Last week I presented a version of my Economics of Reputational Information talk at the Third Annual Conference in the Law and Economics of Innovation series, an event co-sponsored by George Mason Law School and Microsoft. My…