My OECD Position Paper Lauding 47 USC 230 (OECD Project on Internet Intermediaries, Part 1)
…quantity and quality of reputational information available to help consumers make their marketplace decisions. As a result, 230’s liability immunity strengthens the marketplace’s ability to reward good producers and punish…
A First Look by Tom McCarthy at the Sixth Circuit’s 2010 Victoria’s Secret Tarnishment Decision [Guest Blog Post]
…a hard edged rule that no one can use a “famous” mark (or one so similar that there is an “association”) as a mark for any product or service that…
Geographic Trademark Leads to Interesting (& Tortured) Injunction–Skydive Arizona v. Quattrocchi
…translates into the following injunction: from using the trademark “Skydive Arizona,” or any marks that are confusingly similar to or colorable imitations of that trademark, and from using “Skydiving Arizona,”…
Facebook Privacy Class Action Filed by Lanier Firm Voluntarily Dismissed — Melkonian v. Facebook
[Post by Venkat] Melkonian v. Facebook, Orange County Superior Court Case No. 30-2009-00293755-CU-BT-CJC [complaint] In August of last year, prominent plaintiffs’ lawyer Mark Lanier filed a privacy lawsuit against Facebook…
eBay Mostly Beats Tiffany in the Second Circuit, but False Advertising Claims Remanded
…to suppress competition from legitimate resales. Contributory Trademark Infringement The flagship case articulating an online standard for contributory trademark infringement is the 1999 Ninth Circuit Lockheed v. NSI case. This…
Craigslist Wins $1.3M Default Judgment Against Autoposting Facilitator — craigslist v. Naturemarket
…Professor Goldman’s post when the case first started is a good read. Trademark Infringement: Craigslist alleged that defendants used the craigslist mark “in the text and . . . the…
Google Gets Favorable ECJ Opinion, But Will It Prove to Be a Hollow Victory?
…to search engine placement. Trademark owners usually show up well in organic search results for their trademark, but Google may have de-indexed or downgraded the trademark owner’s website. Further, personalized…
Crowdsourced Ads May Not Be Protected by 47 USC 230–Subway v. Quiznos
…each other by offering bigger and bigger burgers. As far as I know, the current high-water mark is the Beer Barrel Main Event Charity Burger, a 123 pound burger that…
Clickthrough Agreement With Acknowledgement Checkbox Enforced–Scherillo v. Dun & Bradstreet
…the registration page, he accidentally hit the space bar key and thereby “checked” the terms and conditions box–plaintiff would have seen the check mark appear in the box and then…
FTC Privacy Roundtable Recap
…was a big issue at the first. It’s a little dispiriting to see this argument gain traction. I have repeatedly criticized this concept before (see my Coasean Analysis of Marketing…