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,…
Top Internet IP Cases of 2005 (So Far)
…the first half of 2005, in rough order of importance: 1. Grokster. This one’s easy! Grokster and StreamCast may have induced infringement. 2. 1800 Contacts v. WhenU. Adware vendor does…
Important 2d Circuit Adware Case–1-800 Contacts v. WhenU
…Second Circuit gets it 100% correct here. However, in support of this point, the court makes an odd distinction between “www.1800*]}*contacts.com” and the trademark “1-800Contacts.” The court says that www.1800*]}*contacts.com…
Grokster Press Releases
…Valley, Sacramento, Los Angeles, Orange County, Pacific Northwest, London, Milan, Moscow, Paris, Rome, Tokyo, and Taipei. Orrick was named the number-two IP defense firm by American Lawyer magazine. Contacts Orrick,…
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?
…claimed credit when infected users went to the 1-800 Contacts website on their own.” If a company as brand-sensitive as 1800 Contacts can’t run a clean affiliate program, who can?…
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….