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…
Inflatable Giant Gorilla Attacks Google (for Copyright Infringement)–Scherba v. Google
By Eric Goldman Scherba Industries v. Google, Inc., 1:10-cv-02288 (N.D. Ohio complaint filed Oct. 7, 2010). Scherba makes giant inflatable gorillas. See an example. A little improbably, it has a…
September 2010 Quick Links, Part 1 (IP Edition)
By Eric Goldman Copyright * US v. ASCAP (2d Cir. Sept. 28, 2010): “the Internet Companies offer their customers the ability to download musical works over the Internet. It is…
Veteran Spam Plaintiff Abandons Spam Lawsuit — Asis Internet v. Subscriberbase
[Post by Venkat] Asis Internet Servs. v. Subscriberbase, 2010 U.S. Dist. LEXIS 93518 (N.D. Cal. Sept. 8, 2010). Asis is a veteran spam plaintiff, whose lawsuits have generated a fair…
“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…
March 2010 Quick Links
…2010). It was not objectively baseless for 1-800 Contacts to bring a trademark enforcement action over competitive keyword advertising. * Rhea Drysdale tells how she busted the trademark application for…
Pharma Company Avoids Injunction By Dropping Competitive Keyword Ads–King v. ZymoGenetics
…the economic value at issue. (Related examples are 1-800 JR Cigar, which involved $345 of revenue, and Storus, which involved 1,374 clicks over an 11 month period). It’s a good…
Keyword Advertising Lawsuit Survives Motion to Dismiss on Genericness Grounds–FragranceNet v. Les Parfums
…buying its trademarks as advertising keywords. Interpreting the 1-800 Contacts precedent before that was gutted by the Second Circuit’s 2009 Rescuecom decision, the district court judge decisively concluded that buying…
Ninth Lawsuit Against Google Over AdWords–Rosetta Stone v. Google
…firm is Gibson Dunn, which includes Terence Ross on the team. Terence lost some of the early WhenU keyword ad cases including the once-seminal 1-800 Contacts v. WhenU ruling. He…