Hypocrisy Alert?! Expedia, a “FairSearch” Member, Marginalizes American Airlines in Its Search Results
…ability to sell American Airlines tickets when our contract with American Airlines expires.” Retaliation, or a warning shot? Expedia’s move raises issues I explore in my Search Engine Bias article….
Another Federal Court Dismisses CAN-SPAM Claims Due to Lack of Standing – Melaleuca, Inc. v. Hansen
…court’s determination on the no “adverse effect” issue should be conclusive, and Melaleuca should not get another shot at asserting these claims (and neither should IP Applications, since it assigned…
FTC Dings PR Firm for Fake Reviews — In re Reverb Communications
…practices of Ann Taylor, which ended without any FTC action and looked like a warning shot: “FTC Drops Investigation of Advertiser Who Gave Gifts to Bloggers.” Now the FTC actually…
Ghostwritten Attorney Newsletter is an “Ad” for TCPA Junk Fax Law Purposes–Holtzman v. Turza
…before his name. Each fax also includes two or three graphic images: defendant’s business logo, a photo of the building in which defendant has his office, or a head shot…
Idaho District Court Dismisses CAN-SPAM Claims Due to Non-ISP Status — Melaleuca, Inc. v. Hansen
…as to the state law claims, leaving those to be addressed in state court. While Melaleuca has another shot at its state law spam claims, it may have to contend…
MySpace Evidence: Maryland Appeals Court Allows Circumstantial Authentication — Griffin v. Maryland
…The underlying facts were that the defendant allegedly got into an argument with the victim at a party, pursued the victim into the bathroom, and shot him. At the first…
Website Gets 230 Immunity Despite Claim of Site Content Accuracy–Milo v. Martin
…Barnes and Friendfinder), instead concluding that The Watchdog lacked the requisite scienter/bad faith. The majority opinion concludes with a gratuitous parting shot at Congress: We note our concern that section…
Reunion.com Revisited Again: Claims Under CA Spam Law Not Preempted by CAN-SPAM — Hoang v. Reunion.com
…in front of the California Supreme Court on May 6. Also, Reunion.com moved for a stay and permission to file an interlocutory appeal. It’s a long shot, but who knows,…
Unmasked Judge/Commenter Sues Newspaper for $50mm — Saffold v. Plain Dealer
…shot at discovering the identity of the commenter in order to support a recusal motion, and once the litigant figures out the judge’s identity, the cat is out of the…
Keyword Ad and Product Shots Case Survives Motion to Dismiss–FragranceNet v. FragranceX
…court directed the defendant to answer the complaint. Copyright in Product Shots FragranceNet claims that FragranceX copied 900+ product shots from FragranceNet’s website and republished them verbatim on the FragranceX…