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…
Amazon Isn’t Liable for Rogue Affiliate’s Keyword Ad Buys–Sellify v. Amazon
By Eric Goldman Sellify Inc. v. Amazon.com, Inc., 2010 WL 4455830 (S.D.N.Y. Nov. 4, 2010). The initial complaint. Christopher Maki runs Sellify, which in turn runs a website/eBay store called…
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…