The Century Lounge is a strip club located on Century Boulevard in LA right at the 405 freeway. Historically, it has advertised itself with a sign that says “Live Nude Nude Nudes” in earth toned psychedelia letters. Just about everyone…
Tomorrow I’m speaking at the ABA Annual Meeting about trademark law and keyword disputes. I’ve prepared slides discussing the latest state of the law regarding keyword-triggering of ads by both search engines and adware.
As part of its Operation Copycat (a sub-action of Operation Site Down), the DOJ announced the arrest of Curtis Salisbury for two counts of camcordering movies in theaters (“The Perfect Man” on June 21, 2005, and “Bewitched” on June 28,…
In the Matter of Advertising.com, Inc., and John Ferber, Federal Trade Commission File No. 042-3196 (consent order announced Aug. 3, 2005). The FTC is signaling that it is sending a “message” with this case. The only problem? I’m not sure…
The topic of “who is responsible for what?” in the adware industry keeps coming up. I’ve repeatedly blogged on this topic in somewhat piecemeal fashion, but I finally organized my thoughts into an editorial that ran this morning in News.com….
Sorry for the catch-all posting, but I have uploaded several new resources to my website: A list of online contracts cases (emphasizing, in particular, online contract formation). A list of online service provider liability cases (copyright, trademark, 47 USC 230)….
The Journal-Sentinel reports today that WTMJ-AM settled a libel lawsuit that appeared to be directly covered by 47 USC 230. A talk radio host, Charlie Sykes, received an email from a listener and then reposted the letter on his blog….
Kevin Kelly writes a fantastic essay at Wired on the Internet circa 1995, 2005, and 2015. It’s an excellent read, so I won’t spoil all of the fun. However, two passages of particular note. First, he hits the nail on…
A new draft of the Patent Reform Act of 2005 (HR 2795) has been circulated. Among other noteworthy aspects, this draft drops the limitations on injunctive relief–perhaps expedient to move the bill forward, but a disappointing omission IMO nonetheless. At…
Nitke v. Gonzales, No. 01 Civ. 11476 (SDNY July 25, 2005). This case involves a challenge to the 1996 Communications Decency Act’s restriction on disseminating obscenity over the Internet. The basic gist is that there are different standards for evaluating…