Supreme Court Denies 1-800 Contacts Cert Petition
By Eric Goldman Today the US Supreme Court denied 1-800 Contacts’ petition for certiorari of the second circuit opinion in 1-800 Contacts v. WhenU. I’m not surprised by the denial,…
WhenU Opposition to 1-800 Contact’s Certiorari Petition
By Eric Goldman WhenU has filed its opposition to 1-800 Contact’s petition for certiorari from the US Supreme Court. WhenU’s main argument: “1-800 mischaracterizes the decision below as holding that…
1-800 Contacts Appeals 2nd Circuit WhenU Decision to the Supreme Court
…One final interesting point: there appears to be a change of counsel on 1-800 Contacts’ side. 1-800 Contacts’ lead counsel used to be Terence Ross of Gibson Dunn’s DC office;…
U.T. v. Longhornsingles.com Part 2 – state email filtering
By Ethan Ackerman White Buffalo v. U.Texas, Austin, No. 04-50362-CV0 (5th Circuit, August 2nd, 2005) This second post of a two-part posting continues looking at the 5th Circuit’s opinion in…
The FCC Proclaims Itself the UDRP for 800 Numbers
By Eric Goldman From Kevin Poulson’s Wired story: An entrepreneur registers 800-RED-CROS[S]. He claims to have done so because it has the same number as 800-RED-ARMS, and he was running…
Gripers 1, Initial Interest Confusion 0–Lamparello v. Falwell
…gripe sites (Bosley and Lamparello) and major win for adware vendors (1-800 Contacts). This trend suggests that the courts are correcting the silly doctrines that were an overreaction to the…
Fall 2005 Cyberlaw Syllabus
…Congressional Research Service report * 1-800 Contacts v. WhenU 2nd Circuit ruling * Utah Spyware Control Act (amended) * My CNET editorial on adware advertiser liability ALthough this may seem…
GEICO v. Google Opinion (Finally) Issued
…ruling, the opinion adds almost nothing new in terms of insights into the judge’s view. What I find interesting is that the court, like the 1-800 Contacts Second Circuit panel,…
Important 2d Circuit Adware Case–1-800 Contacts v. WhenU
…open. Finally, in a footnote, the court takes a dig at 1-800 Contacts for duplicity. The court notes that 1-800 Contacts has bought keyword-triggered ads in adware using trademarks of…
AWOL Opinions
While we are on Grokster watch, I also have been thinking of two opinions that seem to have disappeared into the void: * Second Circuit opinion in 1-800 Contacts v….