FTC Online Endorsement Guidelines Strike Again – FTC Dings Legacy Learning Over Allegedly Misleading Affiliate Reviews
…example, see the 1-800 Contacts v. Lens.com ruling. We didn’t see an affiliate program operator-friendly ruling in the Amazon tax litigation in New York, but I keep hoping that gets…
Social Search Services Duel Over “Post Post” Mark — Boathouse Group v. TigerLogic
…sites, and achieved over 800 registered users. Based on this, the court finds that Boathouse’s “use” of the mark was sufficient to establish its rights. [As a side note, the…
Important Ninth Circuit Ruling on Keyword Advertising, Plus Recaps of the Past 4 Months of Keyword Ad Decisions
…trademark) as keyword triggers. Indeed, the court recounts that 1-800 Contacts bought “1 800 lens; 1 800 lense; 1 800 lenses; 1 800 the lens; 1 800 Lens; 1-800 lens;…
Google Suffers Surprising Preliminary Loss in Keyword Advertising Case–Jurin v. Google
…marketing. PS: I have several other keyword ad cases to blog, including 1-800 Contacts, Consumerinfo.com and Binder. Sorry I’m running so far behind. The roster of pending AdWords cases (I…
Keyword Advertiser Headed to Trial–Soaring Helmet v. Nanal
…showing that the LeatherUp.com website advertised the “XElement Vega Leather Jacket,” which was neither manufactured nor licensed by Soaring Helmet. As of November 22, 2010, Ms. Demund testified that the…
What State Does the Harm Occur in When Adulterous Lovers Text and Email Each Other Across State Lines? — Knight v. Woodfield
…to bring the claim under the long-arm statute. With respect to minimum contacts, the court found that the emails, phone calls, and texts were sufficient minimum contacts to support the…
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
…clicks over 11 months. – 800-JR Cigar v. GoTo.com. The search engine defendant generated $345 in revenue from the litigated terms. In this case, CED’s ads generated about 1,000 ad…
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
…choice). (Perhaps ironically, many critics would disparage Google as the 800 pound gorilla of online advertising). The ad copy doesn’t identify the gorilla. So Scherba sued Google for copyright infringement…