Online Law

Law Firm Files AdWords Suit in Wrong Court, Loses, Declares Victory

March 25th 2010

New Haven law firm Stratton Faxon sued Google for selling competitor ads triggered by searches on their name. Specifically, they alleged that these ads interfered with the firm’s business relations with clients, were an unfair business practice under Connecticut state law, and resulted in unjust enrichment. Read the details on Lawyers and Settlements. Note the […]

Nestle’s Bogus Copyright and Trademark Complaints Fuel a Streisand Effect for Greenpeace

March 20th 2010

This week, Greenpeace posted a gruesome anti-Nestlé commercial on YouTube complaining that Nestlé SA buys palm oil from companies that destroy the Indonesian rainforest to plant oil palms. The 60-second video depicts a bored office worker enjoying a Kit Kat, which, rather than being the popular chocolate-hazelnut ladyfinger-style confection, appears to be a chocolate-covered ape […]

Lindsay Lohan vs. E-Trade: Rights of Personal Publicity Gone Wrong

March 11th 2010

According to the New York Post, actress Lindsay Lohan is suing E-Trade for $100 million for pain and suffering caused by their Super Bowl ad. The semi-funny (and non-compelling) ad shows a milkaholic baby named Lindsay (or Lindsey) with a guilty looking baby-husband. Yes, the ad is pretty terrible; so is the legal claim. However, […]

Disney Copyright Video: Another Fair Use Provocateur Par Excellence

March 10th 2010

Remember my 2010 prediction that brand holders should beware of clowns? I called it the Coulrophobia Epidemic of 2010.   Logorama did it with trademarks, and won an Oscar. Girl Talk did it with music, gaining top rankings from Rolling Stone, Blender and Time magazine. And now Eric Faden uses the most copyrighted video anywhere, Disney® […]

Logorama, Short Film Made of Trademarks, Wins Oscar (Watch it Online, Free!)

March 8th 2010

Last night, a 16-minute animated film, entirely populated by trademarks as both characters and props, won an upset Academy Award. Its producer, Nicolas Schmerkin, explains: It’s about the way we live and the way we react to these logos. The brain can register 14 logos in less than one second. Making the logos characters with […]

Nod to IP Law History: Elisha Gray and the Long Duel for Telephone Patents

March 7th 2010

Some of you may know I enjoy writing about Boston history and architecture on my other blog www.iboston.org. Today is one of the few occasions where both blogs’ topics intersect. On this day back in 1876, Elisha Gray, an inventor from Ohio, filed notice that he had invented the telephone. Unknown to him, Boston’s Alexander […]

Is INTA Being Twitter-Squatted? That Can’t Be Good.

March 2nd 2010

INTA, the International Trademark Association, is a group of nearly six thousand trademark professionals in 190 countries.  They protect the world’s brands. They’re being Twitter-squatted.  There’s no pretty way to say it. In 2007, someone apparently seized their name as a Twitter handle and posted one five letter word, “srrrr”. This looks like a case […]

Social Media in Legal Marketing: Yelp Faces Class Action Lawsuit for “Extortion Scheme”

February 26th 2010

Section 230 Isn’t for Bullies Online communities such as Yelp are usually protected by Section 230 of the Communications Decency Act. This online law protects publishers; without it, social media would likely never have been.  It’s such a valuable protection that I think even lawyers in South Carolina deserve it. However, Section 230 has limits. […]

Boston’s WHDH and ADM Make Bogus Copyright Claims to Silence Critics and Clowns

February 24th 2010

Do you remember conservative radio talk-show host Michael Savage? He sued a Muslim advocacy group for copyright infringement because it dared to quote what he said on the radio as part of an advertiser boycott. A U.S. District judge tossed the suit, and supported the doctrine of Fair Use, saying that anyone who listens to […]

Pennsylvania “Blake Robbins” Webcam Privacy Suit Discussed: What Good is Suing A School?

February 23rd 2010

As the case of the Pennsylvania school system that allegedly spied on their students gains broader attention, the Lazy Man and Money blog raises a provocative question…why sue a school? Lawyers and lawsuits are controversial, especially as we debate health care and malpractice reform.  I’d like to hear what you think about this. The more […]