In re Yahoo!, Inc.: The Latest Battle in American Airlines’ War Against Search Engine Keywords

JetLawBlog

’s practice of selling “trademarked terms as keywords triggering sponsored advertisements in its search engine results&# leads to trademark infringement, misappropriation, and various tort violations. On March 11, 2009, in an unpublished per curium decision , the U.S.

Yahoo/Microsoft Partnership Faces Expanded DOJ Review

JetLawBlog

A proposed partnership between Microsoft and Yahoo’s search engines faces increased scrutiny this week by the Department of Justice (DOJ). Yahoo would maintain the responsibility of selling ads that appear among the search results, and the two companies would split the revenue.

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Scardamaglia @abscard on Google, Online Search, and Consumer Confusion in Australia

Media Law Prof Blog

Amanda Scardamaglia, Swinburne University of Technology, has published Google, Online Search and Consumer Confusion in Australia at 42 International Journal of Law and Information Technology 203 (2016). The legality of the operation of Google’s search engine

Google Meltdown Continues With Missouri Attorney General’s Consumer Protection Subpoenas

Music Technology Policy

One of Google’s worst policy nightmares is that state attorneys general will wake up to their obligation under state laws to protect both consumers and advertisers from Google’s overreach.

Google Feels the Heat from Congress on Sex Trafficking–And Gaslights Public Opinion on @SenRobPortman’s and @RepAnnWagner’s Legislation

Music Technology Policy

See “ Democracy at Risk: Manipulating Search Rankings Can Shift Voting Preferences Substantially Without Voter Awareness ”) That doesn’t happen much after 2016. View screenshots of the results from the three search engines here: [link].

Follow the Money: Senate Homeland Security Committee Investigating Online Advertising

Music Technology Policy

And those exchanges just happen to be owned and operated by the two biggest search engines: Google and Yahoo.

Google Escapes Genericide Claim in Ninth Circuit Decision

New Media and Technology Law

On May 16, 2017, the Ninth Circuit rejected a petition for cancellation of the GOOGLE trademark based on a “genericide” theory that claimed Google should lose its trademark protection because the word “google” has become synonymous to the public with the term “search the internet.” (See The accusation of genericide is ironic: that because brands have become so popular, consumers simply use their names generically for a type of product, and thus brands should no longer be trademarked.

EC: Commission sends Statement of Objections to Google on Android operating system and applications

Music Technology Policy

The Commission’s preliminary view is that Google has implemented a strategy on mobile devices to preserve and strengthen its dominance in general internet search. First, the practices mean that Google Search is pre-installed and set as the default, or exclusive, search service on most Android devices sold in Europe. Second, the practices appear to close off ways for rival search engines to access the market, via competing mobile browsers and operating systems.

@KatHall42: Google [FINALLY] hit with record antitrust fine of €2.4bn by Europe

Music Technology Policy

According to Kat Hall’s insightful reporting in The Register : Google has been hit with a record antitrust fine of €2.42bn (£2.1bn) from the European Union today for promoting its own shopping search service over those of smaller rivals.

No Confusion Here: Proposing a New Paradigm for the Litigation of Keyword Advertising Trademark Infringement Cases

JetLawBlog

Internet search engines such as Google and Yahoo! earn a majority of their profit from selling advertisements to appear next to search results. Rather, the defendant’s intent to divert consumers and free ride off the mark’s goodwill should replace the element of confusion.

Google’s University Astroturfing Leads to FTC

Music Technology Policy

The Federal Trade Commission (FTC) had opened multiple investigations into whether the tech giant illegally favored its own shopping and travel sites in search engine queries; restricted advertisers from running ads on competing sites; and copied rival search engines’ results.

A Royale With Cheese: How Google Taught the U.S. Congress to Lead With Their Chins

Music Technology Policy

Remember that Google has over 90% of the search market in Europe and in some European countries it has over 95%. l’Arc de Triomphe de l’Étoile. VINCENT. But you know what the funniest thing about Europe is? JULES. VINCENT. It’s the little differences.

New Study Explains Why YouTube is Always at the Top of Google Search Results

Music Technology Policy

For years now–since Imeem days at least–I’ve been wondering why it is that the top videos in Google search results were always from YouTube (or from Vevo through YouTube). According to Brad Stone writing in Bloomberg, a newly released study by Tim Wu (“Is Google Degrading Search? Consumer Harm from Universal Search”) explains the phenomenon and further backs Google into an antitrust corner.

What’s all this then? Google’s “Ad Cops” Are Missing the Point

Music Technology Policy

Google, you see, has a vast army devoted to finding shady advertisers appearing in otherwise legitimate search results. Shady ads have become such a problem for search engines that hundreds of employees now work round-the-clock to protect users before they get ripped off. Google has employed “ad cops” charged with sniffing out questionable advertisers basically since the search engine began in late 1990s.

27 Additions to My List of Legal Tech Startups

Media Law

A platform to let consumers browse legal packages offered by lawyers. Hukuk Work search technology uses artificial intelligence to improve the accuracy and speed at which you can find relevant case law. A search engine for international law. We connect consumers and lawyers across the UAE and the Middle East. Helping customers and attorneys access the consumer arbitration process. Here are 27 additions to my list of legal startups.

Monday Morning JETLawg…

JetLawBlog

Judge ruled Thursday that Baidu, China’s leading search engine, can sue its U.S.-based Wal-Mart’s new electronic tracking tags for clothing raises privacy concerns for consumers.

What’s Next, “Google Litigator?”

JetLawBlog

On February 20, 2010, the Common Pleas Court of Franklin County, Ohio in Columbus became the stage for the latest civil antitrust lawsuit against dominant Internet search engine Google. In order to gain a foothold as a profitable business, myTriggers needed Internet traffic, so it paid Google to list hyperlinks to its web site as “sponsored links&# among Google users’ search results.

Latest Round of LSC TIG Grants Show How Tech Can Help Expand Access to Justice

Media Law

Legal Services of North Florida will receive $184,402 to facilitate access to higher quality search results for people seeking legal help. The project will improve results on major search engines like Google and Bing, as well as results from voice assistants like Apple’s Siri and Amazon’s Alexa.

Guest Post by @Volker_Rieck: CLOUDFLARE: THE BAD, THE WORSE AND THE UGLY?

Music Technology Policy

In the report, Google lists all requests from rights holders for deletions from the Google search index that concern rights violations. million domains with requests for delisting from Google’s search engine.

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A Teachable Moment: Google’s Insulting Reply to News Corp Tells the New Regime in Brussels What It Needs to Know

Music Technology Policy

And every time Google got a chance to renegotiate rather than getting fined or sued by the European Commission, two things happened: The deal looked shadier and shadier to a wider and wider group of consumers, small business and competitors, and the clock was ticking on Commissioner Almunia’s term in office–a term that ends in October with a new commissioner replacing him in November.

Astroturf and manipulation of media messages by @SharylAttkisson at TEDxUniversityofNevada

Music Technology Policy

Hamburger and Gold lead their reporting with this example: In May 2012, the law school at George Mason University hosted a forum billed as a “vibrant discussion” about Internet search competition.

Worshipping the Great God Scale: Google’s Four Great Lies as read to you by Kent Walker

Music Technology Policy

We promised to build tools to make it easier for rightsholders to submit DMCA takedown requests for Google products (starting with Blogger and Web Search), and to reduce our average response time to 24 hours or less for submissions using these new tools.

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Heritage Foundation Misses the Market on Rogue Sites

Music Technology Policy

These “concerns” are addressed in part by network engineer Richard Bennett : “SOPA simply requires ISPs to delist the Internet addresses of foreign sites found by a US court to be dedicated to criminal activities. It’s a practical means of protecting consumers from rogue sites that traffic in illegal goods. Most Internet users don’t understand the details of DNS or the methods used by Internet search engines.

Paul Vixie Has a “Hollywood” Problem: Richard Bennett and George Ou Provide A Counterargument to the Technocratic Criticism of DNS Filtering of Rogue Sites

Music Technology Policy

The network engineer Richard Bennett (who edits High Tech Forum among other things) has a very informative and nontechnical article in the New York Post explaining why the Internet will not be “broken” by rogue sites legislation. It’s a practical means of protecting consumers from rogue sites that traffic in illegal goods. Most Internet users don’t understand the details of DNS or the methods used by Internet search engines.

Paul Vixie Has a “Hollywood” Problem: Richard Bennett and George Ou Provide A counterargument to the technological criticism of DNS filtering on rogue sites

Music Technology Policy

The network engineer Richard Bennett (who edits High Tech Forum among other things) has a very informative and nontechnical article in the New York Post explaining why the Internet will not be “broken” by rogue sites legislation. It’s a practical means of protecting consumers from rogue sites that traffic in illegal goods. Most Internet users don’t understand the details of DNS or the methods used by Internet search engines.

LawPivot Matches Small Companies with Lawyers for Free Legal Advice

Media Law

When a company submits a legal question, LawPivot runs it through a proprietary search engine to suggest the lawyers most qualified to provide an answer. Sites such as LinkedIn , Facebook and Quora provide forums for users to ask questions about virtually any topic, and Avvo allows consumers to get answers from lawyers to legal questions.

The NonMaterial Android in the Henhouse: Can the EC Trust Google to Actually Implement a Settlement?

Music Technology Policy

Federal Trade Commission’s (FTC) Bureau of Competition and a subpoena from FTC’s Bureau of Consumer Protection relating to a review by the FTC of our business practices, including search and advertising.

Privacy Rights, Property Rights and Google

Music Technology Policy

Carr noted that Google is unusual because of the large number of products and services that can be complements to the search function, including basic production of content and its distribution, along with anything else that can be used to gather eyeballs for advertising.

Fire in the House of Google: Does Google Hard Wire YouTube Search Results?

Music Technology Policy

When Google Executive Chairman Eric Schmidt testifies before the Senate Subcommittee on Antitrust, Competition Policy, and Consumer Rights this week ( 9/21 2pm ET ), we may find out why. About five years ago a strange trend surfaced: Google searches by title or by artist for a Billboard Hot 100 single returned search results that looked extremely consistent—YouTube was the only video source listed in the all-important first page of search results.

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The Samba of Bad Moves: Eric Schmidt changes his testimony–again.

Music Technology Policy

Chairman Herb Kohl and Senator Mike Lee wrote an interesting letter to the Federal Trade Commission that called on the FTC to continue its investigation of Google with vigor after examining the issues at a hearing of the Antitrust Subcommittee ( The Power of Google: Serving Consumers or Threatening Competition? Antitrust, Competition Policy and Consumer Rights of S. Or said another way, when, if ever, Google will stop subsidizing YouTube with profits from its dominance in search?

Lucasfilm Can’t Block Pornographic “Star Wars” Parody

Entertainment Law Resources Blog

FTC Warns Web Search Engines to Make Sponsorships Clear Wonder why some websites are always tops on the hit list? The Federal Trade Commission has been wondering the same thing and has issued a recommendation that all search engines clearly show which companies have paid for positioning. conducted an investigation into whether search engine companies misled its users by quietly inserting advertisements into search results.

Lucasfilm Can’t Block Pornographic “Star Wars” Parody

Entertainment Law Resources Blog

FTC Warns Web Search Engines to Make Sponsorships Clear Wonder why some websites are always tops on the hit list? The Federal Trade Commission has been wondering the same thing and has issued a recommendation that all search engines clearly show which companies have paid for positioning. conducted an investigation into whether search engine companies misled its users by quietly inserting advertisements into search results.

The Samba of Bad Moves: Eric Schmidt changes his testimony–again.

Music Technology Policy

Chairman Herb Kohl and Senator Mike Lee wrote an interesting letter to the Federal Trade Commission that called on the FTC to continue its investigation of Google with vigor after examining the issues at a hearing of the Antitrust Subcommittee ( The Power of Google: Serving Consumers or Threatening Competition? Antitrust, Competition Policy and Consumer Rights of S. Or said another way, when, if ever, Google will stop subsidizing YouTube with profits from its dominance in search?

“Your Horses Seem to be Winning”: The European Commission’s Antitrust Case Against Google Matters to Artists and Songwriters

Music Technology Policy

For artists, these cases are important because the central theme boils down to this: If Google just offered search and sold its Adwords and Adsense products, the fact that the company had achieved at least a dominant position if not a monopoly over search on the Internet would not necessarily be bad. And then there is the question of how Google ranks YouTube videos in search results. Both the European Commission, the U.S. Federal Trade Commission and the U.S.

Vote Now: Pick the Startup Alley Finalists for ABA TECHSHOW

Media Law

As FT succinctly puts it, DataNovo’s platform “searches through an art archive to assess the validity of patents and find infringement. Intelligent paragraph recognition has been engineered for a highly accurate reproduction of the original content. Our software automates various aspects of legal work to eliminate repetitive and time-consuming processes. Our lawyer search engine helps corporate clients compare lawyers by expertise, cost and client reviews.

Playing Ronald McDonald to Google’s Joe Camel: Does Google Hardwire Wikipedia in Search Results?

Music Technology Policy

This article from Scottish journalist Iain MacWhirter puts a finger right on it: “Just try a few random searches. Then I searched “global warming”, which also served up Wikipedia’s page as number one. Even searching something relatively obscure, like “pensions crisis”, Wikipedia emerged top of the results table. Google’s many other products also get favored treatment in search results.

DOJ Consent Decree Comment, Part 1

Music Technology Policy

Songwriters currently are opposed in the rate courts and on Capitol Hill not only by the National Association of Broadcasters, but also by Google (the dominant search engine and music video platform), Sirius (the dominant satellite radio provider), Pandora (the dominant webcaster) and many other tech companies whose combined market capitalization must approach $1 trillion depending on the particular collaboration.

European Commission to Google: Evil is not Relative

Music Technology Policy

So by a pretty nifty positioning , Vice President Alumnia has put the onus on Google to correct bad acts voluntarily as at the end of the day this is the important thing for consumers, competitors, and Google’s stockholders. We do all the work for the search page and all these other things, so we do put it first … That has actually been our policy, since then … So for Google Maps again, it’s the first link, so on and so forth.

Between Commercial Parties, Online Agreement with "No Notice" Modification Clause Held Enforceable and Not Unconscionable

New Media and Technology Law

Disputes over the enforceability of Web site modifications to an agreement, based on claims of unconscionability, typically involve a consumer opposing the enforcement efforts of commercial party. Utah June 16, 2008), were commercial parties involved in transactions involving affiliate marketing and search engine optimization services.Margae admits that it assented to an online agreement covering the provision of some of those services on Clear Link’s Web site via a “click.”

Video Site SpeedCine Makes Streaming Easy

Thompson On Hollywood

I searched for Kicking It , clicked on the link and went to Snagfilms, where the film started streaming instantly. Rosefelt wants to give consumers a chance to easily search for available titles and instantly click on what they want. While it was tough to build, the site is as straightforward as a Google search. "If There, a film fan would register and type in their profile specs--say, PC/TiVo user looking to rent a video--and their search would come up.

A Special Thanks to Justia for Rescuing my Blog

Media Law

It has since turned itself around, while targeting itself more to consumers than to legal professionals.). As I noted in a post here in 2007 , Justia started out with a focus on “legal marketing solutions,&# creating websites and blogs and providing search engine optimization. for searching law-related podcasts, and LegalBirds for finding legal professionals on Twitter.

Second Circuit Reverses in Rescuecom v. Google: AdWords Use of Trademark is a "Use in Commerce" under the Lanham Act

New Media and Technology Law

The court reversed the district court's dismissal of the trademark owner's Lanham Act claims, holding that "Google’s recommendation and sale of Rescuecom’s mark to Google’s 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 Rescuecom’s trademark, properly alleges a claim under the Lanham Act."

Welcome to the Bigs: Columbia Journalism Review Throws the Switch on “The Switch” Blog at Jeff Bezos’s Washington Post

Music Technology Policy

Google Chairman Eric Schmidt frequently refers to the “ Gang of Four “–Amazon, Apple, Facebook and Google–as the companies that dominate consumer technology. When you speak of these tech companies in the consumer space, it seems inevitable that these companies’ collective interests in weakening copyright are aligned. A year ago, Google began automatically demoting search results that are the target of numerous takedown requests by copyright holders.