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29 Jun, 2007 2:26 pm
By Eric Goldman Person v. Google, Inc., 2007 WL 1831111 (N.D. Cal. June 25, 2007) You
may recall my previous coverage on ... court, and Judge Fogel dismissed the lawsuit a second time (with leave to amend) in March. Person didn't
give up, but this time Judge Fogel closed the door for ... the defects with his allegations of the relevant market. So this lawsuit should be over unless Person decides to take it to the Ninth Circuit. While this particular lawsuit was misguided from inception, I doubt this ...
14 Oct, 2006 10:25 am
By Eric Goldman Person v. Google Inc., 2006 WL 2884444 (S.D.N.Y. Oct. 11, 2006) Carl
Person is a candidate for...
15 Oct, 2007 6:00 am
... Reid v. Google, Inc., ___ Cal.App.4th ___ (Oct. 4, 2007), the Court of Appeal (Sixth Appellate District) addressed "vested
interest" restitution ... return "money obtained through an unfair business practice to those persons in interest from whom the property was taken, that is, to persons who
had an ownership interest in the property ...." (Kraus, supra, 23 ... op. at 7-8. This opinion is also interesting because it followed Biljac Associates v. First Interstate Bank,
218 Cal.App.3d 1410 (1990), despite ...
11 Jul 2:17 pm
... in a way that is "likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or
commercial activities." 15 U.S.C. § 1125. ... and consumer electronics companies. David can be contacted at (310) 785-5371 or DJohnson@jmbm.com. Notes Fn1 Rescuecom Corp. v.
Google (Northern District of New York, Case No. 5:04-cv-01055-NAM-GHL). Fn2 I include ...
28 Sep 2:30 am
... information about the Gmail account holder. See Complaint, Rocky Mountain Bank v. Google, Inc., N.D. Cal., Case No.
5:09-cv-04385. ... implicit right to privacy has been recognized by the U.S. Supreme Court in personal matters such as contraception and abortion, and in matters involving police
attempts ... case, the confidential customer information. This would also provide a legal basis for requiring Google and it Gmail account
customer to either return or destroy it, or to refrain from accessing, using ...
27 Aug, 2007 12:44 pm
By Eric Goldman CLRB Hanson Industries LLC v. Google Inc., 5:05-cv-03649-JW (N.D. Cal. Aug. 21, 2007) This lawsuit is ... the
pause as an underdelivery that was eligible to be "caught up" by overdeliveries later in the month. While surely Google isn't thrilled about
this ruling, it does appear to severely limit the amount of money at ... statute of limitations (taking the normal 4 year SOL for contracts to 2 months). Personally, I don't
include this provision in my contracts because I think they are too ...
5 Apr, 2007 6:38 pm
... Eric Goldman Feldman v. Google, Inc., 2007 WL 966011 (E.D. Pa. March 29, 2007) Yet another click fraud lawsuit, this time ...
shall be brought in California. We saw virtually identical facts in the initial Person v. Google case, which also involved the AdWords contract (though that lawsuit was brought ... unconscionability. The court finds many of the contract terms
reasonable. This case is a nice win for Google for two reasons. First, by upholding the mandatory venue clause, it should inhibit AdWords ...
29 Dec, 2008 3:38 am
... domain names at the expense of the plaintiff-mark owners." Vulcan Golf, LLC v. Google Inc., ___ F.Supp.2d ___ (N.D.Ill.
December 18, 2008) [Slip Opn., at 1]. In part, the class action alleged that Google's conduct violated the Anti-Cybersquatting Protection Act
(ACPA), id. Plaintiffs filed ... required as to "even a tiny fraction of the potentially millions of registered and unregistered marks or personal names of the putative class
members, such an undertaking would render proceeding as a class ...
3 Apr 12:51 pm
... Eric Goldman Rescuecom Corp. v. Google Inc., 2009 WL 875447 (2d Cir. April 3, 2009) The Second Circuit has issued its
long-anticipated ... any future "use in commerce" defense in keyword advertising cases and whether Google and other search engines could reform
their practices so that they ... trademark owner, was responsible for displaying the ad, in response to the particular term searched." Personally, I think Google's interface is sufficiently clear to consumers, but this is a factual assertion not ...
20 Mar, 2007 6:15 pm
... Eric Goldman KinderStart.com LLC v. Google, Inc., C 06-2057 JF (N.D. Cal. March 16, 2007) Copy of the opinion dismissing the
lawsuit ... differently, if KinderStart had won, it could have changed hundreds of millions of Google users' daily experiences. Therefore, I
think the judge was a little disingenuous by treating this case ... had further defects--the first would have said he heard this from another person, and the second would have testified that some results appeared to be mysterious. Therefore ...
19 Dec, 2008 2:30 pm
... Eric Goldman Vulcan Golf, LLC v. Google Inc., 1:07-cv-03371 (N.D. Ill. Dec. 18, 2008). Previous blog posts ... class
certification, and perhaps not surprisingly, the court denied certification--giving Google and the other defendants an early Christmas gift.
Happy holidays! This ruling doesn ... members' mark is distinctive," which would be a "staggering" undertaking with respect to the unregistered and personal name marks. The court
also assesses the prospects for adjudicating various affirmative defenses ...
30 Dec, 2006 8:22 am
By Eric Goldman Bradley v. Google, Inc., 2006 WL 3798134 (N.D. Cal. Dec. 22, 2006) I'm struggling with developing a policy
regarding blogging ... on her website to see who was advertising there. She investigated the ads often enough that Google kicked her out of the
AdSense program. Although the opinion doesn't use ... 't amend. It could be a significant development if email deletion qualifies as the destruction of personal property, but
based on the early stage in this case, the court hasn't reached ...
17 Feb 4:41 pm
By Eric Goldman Boring v. Google, Inc., 2:08-cv-00694-ARH (W.D. Pa. Feb. 17, 2009) You may recall the Boring case from ... that I
didn't think it was blog-worthy at the time. Apparently I'm not the only person who wasn't impressed with the suit, because the court didn't
give the plaintiffs any benefit ... eye, whether they want to do so or not. This is especially true for anyone suing Google. As a result, it's
not fair to hold that consequence against plaintiffs. (As an example of the unwanted publicity ...
29 May 11:15 am
... Eric Goldman Stratton Faxon v. Google, Inc. (New Haven Superior Ct. complaint filed May 27, 2009) Today's lawsuit combines
two ... complete inventory of these lawsuits, but other examples include the Field, Feldman, Person and Bradley lawsuits. Ironically, I believe
all of these lawsuits were shot ... spawn of it in that the Firepond lawsuit helped educate another plaintiff lawyer about the desirability of suing Google. I expect other plaintiffs' lawyers are getting the same message as we speak. In theory ...
18 Jul, 2007 3:46 am
... Review. The post, which discusses the U.S. Supreme Court decision in Leegin Leather Products v. PSKS, Inc., not only conveys the commentary of the blawg's author(s),
but links to other relevant postings and ... all for free... As a final thought, I would hazard a guess that this post will quickly find its way into Google, Yahoo, the blawg search sites, etcetera, and be readily found by any students, lawyers, researchers or just interested persons searching for
information on Leegin. Indeed, it may ...
25 Oct 12:30 pm
... subsidiaries or related entities should be a determining factor. At the end of the day, the clause speaks to the person or entity in whose
name the domain name is registered, which in the case of private registration ... Balsam directly. (See the two rulings in Goddard v. Google, Inc. (rejecting attempts to bring claims against Google based on third party beneficiary status under
... 's advertising terms); see also Morrison v. America Online, Inc., 153 F. Supp. 2d 930, 934 (N.D. Ind. 2001) (rejecting ...
29 Dec, 2008 11:59 am
... Eric Goldman LiveUniverse, Inc. v. MySpace, Inc., 2008 WL 5341843 (9th Cir. Dec. 22, 2008). The June 2007 district court ruling in MySpace' ... and useful
counterpart to the KinderStart v. Google case (and, to a lesser extent, the Person v.
Google and Langdon v. Google lawsuits). In KinderStart, the court said ... porn) but instead
for questionable motivations, such as reducing its users' awareness of competitors or a personal vendetta against a former CEO? Greenspan's initial press release indicated ...
26 Aug 7:55 am
... July 21, 2009; Philippe Colombet, "Sharing Public Domain Books," Inside Google Books Blog, Aug. 18, 2009. The downsides are significant,
however, and should ... Publishers also reached a settlement of their case, The McGraw-Hill Companies, Inc. v. Google
Inc., 05 Civ. 8881 (JES), filed on October 19, 2005 ... minimal necessary information is collected about users. While the technology exists to permit Google to collect substantial personal information about users (and the other sites they visit, the books ...
27 Jul 7:01 am
... and the Court of First Instance in Madrid on 13 May 2009: Palomo v Google Inc) and even Eastern European statutes -
Bulgaria's Electronic Commerce ... and Public Policy Clinic at the University of California, Berkeley, have raised concerns about Google Books
in an Open Letter to Eric Schmidt. They want privacy designed into ... books without being forced to register or provide any personal information to Google. And for any of its Google Book Search services, Google must not
keep logging information ...
1 Sep 2:20 am
... (February 16, 2008). While in Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, the 9th Circuit found that a website can be liable for inducing illegal ...
not found the website liable for inducing illegal conduct. See Goddard v. Google, Inc., U.S.D.C., Northern District of
California, Case No. 5:08-cv-02738-JF. Here, there is no allegation that Craigslist requires persons to use its "Erotic" services listing, or that it requests that they post
advertisements for illegal services ...
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