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19 Nov 7:16 am
Kurzes update zum Verfahren "The Authors Guild Inc. v. Google Inc." In dem Verfahren um das Projekt "Google Books" haben die Parteien - die
US-amerikanischen Autoren- und Verlegerverbände und Google - am vergangenen Freitag, den 13.11.2009, einen geänderten Vergleichsvorschlag dem New ... der Europäischen Digitalen
Bibliothek und der nationalen digitalen Bibliotheken dringend einer Lösung." Google Books hat laut eigenen Angaben bereits mehr als 10 Millionen Bücher digitalisiert. ...
1 Apr, 2008 8:12 pm
... a lengthy decision mostly denying defendants' motions to dismiss. Vulcan Golf, LLC v. Google Inc., No. 07 C 3371, 2008 WL 818346 (N.D. Ill. March 20, 2008). Two
holdings are of particular interest. First, the judge denied Google's ... any other transfer for consideration or receipt in exchange for consideration." The Court found the
following allegations to be sufficient: "Google pays registrants for its use of the purportedly deceptive domain names, provides domain performance reporting, ...
15 Oct, 2007 6:00 am
In Reid v. Google, Inc., ___ Cal.App.4th ___ (Oct. 4, 2007), the Court of Appeal (Sixth Appellate District) addressed "vested interest" restitution under ... the
right to seek the unvested stock options that he had at the time of his termination from Google. As to the causes of action under the unfair competition law, while restitution is
available under ... 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 a ...
11 Feb, 2008 6:00 am
... recent decisions created confusion about Biljac's contining vitality as precedent. In Aprill 2007, in Demps v. San Francisco Housing Authority, 149 Cal.App.4th 564 (2007),
the ... review was filed in Demps. Then, in October, the Sixth Appellate District decided Reid v. Google, Inc., 155 Cal.App.4th 1342 (2007). There, the Court held
that Biljac ... it is presumed to have overruled it and admitted the challenged matter into evidence. (Clopton v. Clopton (1912) 162 Cal. 27, 32; 3 Witkin, Cal. Evidence (4th ...
6 Apr 12:09 pm
... Case Summaries, Second Circuit U.S. Court of Appeals: CYBERSPACE LAW, INTELLECTUAL PROPERTY, TRADEMARK Rescuecom Corp. v. Google Inc. , No. 06-4881 In an action
brought under the Lanham Act for trademark infringement, false designation of origin, ... advertisers, so as to trigger the appearance of their advertisements and links in a manner
likely to cause consumer confusion when a Google user launches a search of plaintiff's trademark, defendant made a use in commerce of the plaintiff's trademark, ...
11 Jul 2:17 pm
... Google's advertising] services . . . rendered to the public." This finding does not by itself mean that Google is civilly liable to Rescuecom. As the 2nd Circuit
pointed out, to prevail, Rescuecom still needs ... 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 ... the practices at issue in the Rescuecom suit. Fn3 In particular, 1-800 Contacts, Inc. v. WhenU.com, Inc., 414 F.3d 400 (2d. Cir. 2005).
Fn4 Soilworks ...
3 Sep 12:37 pm
Letters are pouring in to the court on the Google Book Settlement case. We are also featuring an interview on the case with a publisher's viewpoint.
14 Aug 11:01 am
By Eric Goldman Flowbee International, Inc. v. Google, Inc., 2:09-cv-00199 (S.D Tex. complaint filed Aug. 13, 2009) [NB: the ... clone-and-revise, but I
definitely recognized a lot of language from American Airlines' complaints against Google and Yahoo. Most conspicuously, this complaint ripped off the stock Gibson Dunn apology
... that if you don't declare your heavy heart for suing the beloved Google, by negative inference you clearly must be engaged in litigation frivolity. I wonder how Gibson Dunn
...
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. ... using the confidential
information. Rather, the Bank based its requests for relief on the mere assertions that "Google and its email account holder have no rights in or to the inadvertently disclosed
information, ... further judicial review of Judge Ware's actions. On September 25, 2009, Google and the Bank filed a joint motion which seems to indicate that they have ...
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 ...
advertisers would think the words "daily budget" mean. Finally, the court addressed Google's contract provision saying that "Customer waives all claims related to charges ...
22 Dec, 2008 7:48 am
... Eric Goldman Goddard v. Google, Inc., 2008 WL 5245490 (N.D. Cal. Dec. 17, 2008). My initial post when the complaint was filed. The Justia ... court says
(referencing its reading of Roommates.com) that "there is no suggestion in the current record that Google "encouraged" the [advertisers] to create the allegedly fraudulent
content, or that the creation of such content was anything ... 230(c)(2)." I'm not sure the 230(c)(2) argument was Google's strongest, but I would have loved to see Judge Fogel
unpack ...
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 ... 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 ready ...
10 Jul 2:10 pm
By Eric Goldman Rosetta Stone Ltd. v. Google, Inc., 1:09-cv-00736-GBL-JFA (E.D. Va. complaint filed July 10, 2009) [ ... , I'm suffering a little ennui on this
topic. Another trademark owner doesn't like Google's AdWords practices and decided to sue in court. And in other breaking news, the ... firm's services, this statement is
probably the one assertion in the complaint that no one--not even Google or the judge--could possibly dispute. As a partially cloned-and-revised complaint, it shouldn't surprise
...
10 Nov, 2007 12:53 pm
By Eric Goldman Connor Sport Court International, Inc. v. Google Inc., CV-06-3066 PHX JAT // CV 07-80252 (N.D. Cal. motion ... keyword advertising triggered
to Connor's trademarks. Connor then submitted a discovery request to Google seeking records of other people who had bought Connor's trademarks as keywords. As ... its policies
regarding the disclosure of keyword ad purchases. Connor's brief claims that Google provided Rhino with information about a third party's ad purchase, including the ad copy, ...
29 Jun 8:32 am
By Eric Goldman Ascentive, LLC v. Google, Inc., 2:09-cv-02871-JS (E.D. Pa. complaint filed June 25, 2009) Guess who ... competitive ads keyed to its trademark and
by suggesting that advertisers buy Ascentive's trademarks in Google's keyword suggestion tool. Among other specific issues, Ascentive complains that ... a claim is DOA. Indeed,
as exciting as it would be to see some meaty discussion on the topic of Google's liability (or lack thereof) for deciding who gets into its search index, I'm guessing ...
23 Jul 8:47 pm
By Eric Goldman Jurin v. Google, Inc., 2:09-cv-03934-GHK-E (C.D. Cal. voluntarily dismissed July 23, 2009) Google's AdWords litigation docket has reversed
direction, at least temporarily, as Jurin has voluntarily dismissed his lawsuit against Google. This dismissal came shortly after Jurin had a falling-out with his attorneys,
which prompted his attorneys to ask to withdraw from the case. The voluntary dismissal means that Jurin is free to ...
30 Jul 3:07 pm
By Eric Goldman Ascentive v. Google, Inc., 2:09-cv-02871 (E.D. Pa. voluntary dismissal July 30, 2009) The litigation count on Google's keyword ad lawsuits
has started trending downward. For the second time in a week, a plaintiff has voluntarily dismissed its trademark lawsuit over Google AdWords. Last week Jurin dismissed his
lawsuit voluntarily because he had a falling out with his attorney. Today Ascentive voluntarily dismissed its lawsuit, ...
7 Aug 3:58 am
... were based on its publication of material provided by a third party. During the original hearing on Google's motion to dismiss (Goddard I), Judge Fogel expressed skepticism
over the viability ... Communications Decency Act. However, as part of the basis for its claims, the complaint had alleged that Google "assists its customers in drafting AdWords
and selecting keywords through both live ... . Notes: Fn1 47 U.S.C. § 230. Fn2 Goddard v. Google, Inc., U.S.D.C., Northern District of California, Case No. ...
4 Jun, 2008 4:20 pm
By Eric Goldman Goddard v. Google, Inc., Case No. 108CV111658 (Cal. Super. Ct. complaint dated April 30, 2008). Google's notice of removal ... two arguments
that could be used to argue around 230. First, they allege that Google helped write the ad copy. I'm still not sure if this allegation ... anchoring the claim in false
advertising, the allegation might be designed to take advantage of the Mazur v. eBay exclusion to 230. However, treating contractual restrictions with a third party as
affirmative ...
22 Sep, 2008 5:05 pm
By Eric Goldman Perfect 10, Inc. v. Google, Inc., 2008 WL 4217837 (C.D. Cal. July 16, 2008) You recall this case involving Perfect 10's allegations that
Google and Amazon (and, in a subsequent ... at this stage whether Google is entitled to CDA immunity. Although it is highly likely that P10 will encounter difficulty in
establishing that Google engaged in the "creation or development in whole or in part" of unlawful content, see Fair Housing Council, 521 F.3d at 1168-69 ...
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