Search engines

Silverlight Law Suit Threatens NBC’s Online Olympics Coverage

July 9th 2008

We were describing the need to understand video search as a new arena of legal interest. Gotuit Media Inc., has sued Microsoft, claiming Silverlight infringes on three of its patents that involve making movies searchable. The Gotuit software allows for the insertion of searchable text data into a movie. Silverlight also allows for the insertion […]

Strong-Arm Tactics Revive Yahoo Deal and Regulatory Concern

July 8th 2008

On the day Microsoft announced its plan to acquire Yahoo back in February, I posted my doubts that Microhoo would be established within a year, which was then the media and company line. While supporting Carl Icahn’s proxy fight and pressuring Yahoo’s board may get a Yahoo deal on the table, this will also underscore the anti-competitive […]

Nike Sues EMS Over Keyword Advertising

June 29th 2008

Nike has filed a trademark infringement lawsuit against Eastern Mountain Sports (EMS) in the Federal District Court for the District of Oregon over the use of the term “Dri-FIT.” Dri-FIT is a trademark of Nike.

Small Town Tells Google Maps to Keep Out

June 9th 2008

North Oaks, Minnesota, population 4,500, has sent Google Maps a big message: “Go away, and don’t come back.” You see, in North Oaks the roads are privately owned by the residents. So when the Googlemobile toured North Oaks and photographed people’s homes from the street, it was technically trespassing. That’s what the North Oaks City Council […]

ABA Committee’s Anti-Consumer Take on Keyword Advertising

February 25th 2008

Corynne McSherry and Eric Goldman have posted a joint warning about proposals being considered by the the Trademark Litigation subcommittee of the American Bar Association’s IP Section.  Several expert sources (quoted below) have already written about this, and I add some thoughts to theirs after that.

Keyword Ads and The Public’s Domain in Trademark Law

February 23rd 2008

When you type a phrase like “Ford models” into a search engine, you aren’t necessarily searching for the Ford Motor Company.  You may be searching for information from news sources to learn if Ford tires still catch fire. If that were the case, you’d probably want an disinterested analysis from outside the company.  Or you […]

Yahoo Rejects Microsoft’s 44 Billion Dollar Offer

February 11th 2008

Yahoo’s board concluded on Friday that Microsoft’s unsolicited offer “massively undervalues” the company. The Wall St. Journal noted Yahoo’s position in the online display advertising market, where it leads both Google and Microsoft. Additionally, it suggested the board would cite that Microsoft underestimated the risk of regulatory approval, and its effect on Yahoo’s business.  The […]

Microsoft Purchase of Yahoo Won’t Happen As Predicted

February 1st 2008

Today, Microsoft confirmed what years of speculation predicted, they will attempt to buy Yahoo. While this is an obvious move from a business sense, there are formidable regulatory hurdles ahead. Yet, sources as objective as Yahoo News and MSNBC minimize the risk of regulatory review. To be fair, so does most of the US media which echos them. […]

Facebook’s Social Ads: Risking a Huge Privacy Slapdown for a Big Ad Upside

November 13th 2007

Facebook’s latest roll-out saw CEO Mark Zuckerman flanked by a cadre of blue-chip advertisers, new Microsoft investment, and a big new idea. Facebook says it’s positioned to drive “product demand” and create a potential new 400-billion-dollar-a-year marketing channel through Social Ads. The plan is to use members’ online statements and actions as content, to be included […]

Chicago Architecture Foundation Case Uses Pay Per Click Ads to Establish Jurisdiction

November 6th 2007

The Case: Domain Magic LLC, a Florida-based company, registered the domain chicagoarchitecturefoundation.org. They developed a website about Chicago-area attractions, then passively generated revenue through Google AdWords.  The Chicago Architecture Foundation sued for trademark infringement in Illinois. Domain Magic filed a motion to dismiss the case for lack of personal jurisdiction, noting they had not conducted […]