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….

LA Times on Adware Advertisers–Including 1800 Contacts?

…said, was a “drive-by download” that installed spyware without asking and then claimed credit when infected users went to the 1-800 Contacts website on their own.” If a company as…

Utah Amends Spyware Control Act

…attack software. Given the legislative patrons for this act, it wouldn’t surprise me if Overstock.com and 1-800 Contacts start offering hard disk cleansing services for their customers (that conveniently look…

Ben Edelman’s Response to My Post on Utah’s Spyware Law

…not? Its principal advocates include 1-800 Contacts and Overstock.com—both companies with extremely weak “trademarks.” They do not want to rely on trademark law. They want protection for words/phrases that aren’t…

More on Utah Spyware Law Amendments

…lying. This is pure anti-competitive protectionist rent-seeking behavior by a few trademark owners in Utah (like 1-800 Contacts and Overstock.com) using legislators as their shills. Shame on all of them….