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Viacom v. YouTube Update: What does it mean for me?

The district court in New York dismissed Viacom’s lawsuit against YouTube yesterday.  Yes, this case has been on appeal and remanded several times.  You should read the details on Professor Goldman’s Technology and Marketing Law Blog here.  Viacom may appeal the  Second Circuit Court of Appeals once again, so it may not be over.
To summarize … Continue Reading

REGISTER NOW! The Social Media Brews and Views CLE

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Social Media is becoming pervasive in today’s society. This CLE looks at how it intersects with legal issues crossing a broad spectrum of specialty areas to give all practitioners the information they need to be aware of the special risks and issues social media presents. Our speakers will look at how it … Continue Reading

Trends for 2013 in internet and marketing law

After looking at the most popular posts from 2012 in our last edition, today we look at what are likely going to be the big trends for 2013 in internet and marketing law.  
Privacy and COPPA – Although this issue is not likely to dominate the general business population, privacy and COPPA will continue to dominate the media’s … Continue Reading

Texas Sues Google for Documents in Anti-Trust Probe

The Texas Attorney General has been investigating whether Google places its own products over competitors in violation of anti-trust rules.  The Texas AG had not filed suit yet and technically still has not filed an anti-trust suit.  Instead, we learned this week that the Texas Attorney General sued to force Google to turn over documents … Continue Reading

The Cost of Fake Online Reviews Goes Beyond Morality

Hopefully, you’ve decided to read on because you believe you may be victim to a fake competitor review and you are not looking for advice on how to get away with it.  If you are looking for advice on how to get away with it, you’ll have to look somewhere else.  If you are looking … Continue Reading

Are Google AdWord Trademark Claims Back? Rosetta Stone Case May Open the Door

 We haven’t discussed Google AdWord trademark cases much here lately.  For the most part, the courts had determined that using a trademark term to trigger an ad was a use in commerce.  Google has generally prevailed, however, because the trademark owners have had trouble proving consumer confusion.
The Fourth Circuit Court of Appeals may have provided trademark … Continue Reading

Does Google Choose Favorites? The Interview

The Lexblog Network interviewed me on my prior post about Google’s anti-trust issues.  Can someone lend me something to clean off my webcam?

Does Google Choose Favorites?

Bloomberg News is reporting that ShopCity.com has filed an antitrust complaint against Google claiming Google favors its own sites over those of ShopCity in the search engine’s results.  Google is already the subject of antitrust inquiries in the U.S. and in Europe for related behavior. 
ShopCity is a website that helps local businesses sell products that owns thousands … Continue Reading

When is a cookie more than a cookie? A lesson in privacy policies

We’ve discussed on here before that it is almost better to have no privacy policy than an incorrect privacy policy.  I learned today, however, Google may be dinging some sites for not having policies.  This is one area where cut and paste simply does not cut it. 
Your privacy policy has to be accurate and match what you … Continue Reading

Google Shedding AdWords Liability

Suing Google for allowing your competitors to bid on your trademarked terms is so 2010. 
Although most courts have held that using a trademarked term to trigger an paid search advertisement is a “use in commerce” – the first step to a trademark infringement claim – Google still seems to be prevailing at the courthouse.
The most recent win … Continue Reading