Ninth Circuit: FACTA Does not Cover Emailed Receipts — Simonoff v. Expedia
…to emailed receipts, the court followed the approach taken by other circuits, including Shlahtichman v. 1-800 Contacts, Inc., discussed in this blog post: “Electronically Printed” Does not Include Automated Merchant…
Trademark Owner Gets Injunction Against Keyword Ad Campaign That Generated No Sales for the Advertiser
…in revenue from the litigated terms. – Sellify v. Amazon. The defendant got 1,000 impressions and 61 clicks. – 1-800 Contacts v. Lens.com. 1-800 Contacts spent no less than $650k…
FTC Online Endorsement Guidelines Strike Again – FTC Dings Legacy Learning Over Allegedly Misleading Affiliate Reviews
…example, see the 1-800 Contacts v. Lens.com ruling. We didn’t see an affiliate program operator-friendly ruling in the Amazon tax litigation in New York, but I keep hoping that gets…
Important Ninth Circuit Ruling on Keyword Advertising, Plus Recaps of the Past 4 Months of Keyword Ad Decisions
…site, 1-800 Contacts claims “1-800 CONTACTS engages on public policy issues related to ocular health and the right of contact lens wearers to choose where they fill their prescriptions. We…
Google Suffers Surprising Preliminary Loss in Keyword Advertising Case–Jurin v. Google
…marketing. PS: I have several other keyword ad cases to blog, including 1-800 Contacts, Consumerinfo.com and Binder. Sorry I’m running so far behind. The roster of pending AdWords cases (I…
Keyword Advertiser Headed to Trial–Soaring Helmet v. Nanal
…court sends this case to trial on the trademark infringement, false advertising and other claims. [Note: I still have to blog the 1-800 Contacts v. Lens.com decision from last month]…
Wildcarding Subdomains Is OK; Reverse Domain Name Hijacking Isn’t–Goforit v. Digimedia
…use Goforit’s trademarks. Citing the 2005 1-800 Contacts v. WhenU case, the court says: Even if defendants could have foreseen that some third-party web users might type in a trademarked…
Plaintiff-Side Briefs in Rosetta Stone v. Google Appeal
…two briefs. ConvaTec et al amicus brief. This amici agglomeration includes ConvaTec, Guru Denim, Monster Cable, Petmed and 1-800 Contacts. It’s not surprising to see 1-800 Contacts at this party…
“Electronically Printed” Does not Include Automated Merchant Email — Shlahtichman v. 1-800 Contacts
…at how courts deal with changing technologies and commercial practices, when construing legislation. Background: Shlahtichman purchased contact lenses over the internet at 1-800 Contacts. 1-800 Contacts emailed him a confirmation…
How Much Does 1-800 Contacts Hate Competitive Keyword Advertising? $1.1M Worth!?
…19, 2010) 1-800 Contacts has been a repeated guest star on this blog, principally for their duplicitous attitudes towards keyword advertising. 1-800 Contacts has used competitive keyword advertising in the…