A New York Times article reports on the increasing attention Craigslist is receiving from law enforcement officials for its alleged failure to remove ads for prostitution from its site. As we have reported, Craigslist has so far been able to deploy the Communications Decency Act’s safe harbor provisions to elude legal liability for posts that violate prostitution laws. The article notes that Craigslist is on track to boost revenue 22% this year, “largely from its controversial sex advertisements.” UPDATE MAY 4: The Times is now reporting that the Attorney General of Connecticut has served a subpoena on Craigslist. The article quotes the attorney general’s position: ”We are asking Craigslist for specific answers about steps to screen and stop sex-for-money offers — and whether the company is actually profiting from prostitution ads that it promised the states and public that it would try to block.”
A California federal court has handed Google a legal victory in a battle over its successful AdWords platform.
The plaintiff in Jurin v. Google Inc. sells building materials to contractors and homeowners. Plaintiff sells the materials under its ”StyroTrim” trademark. The plaintiff was upset to learn that Google’s AdWords program had “suggested” StyroTrim as a keyword. Competitors allegedly bid on the term and then appeared in the “sponsored links” accompanying searches for StyroTrim — sometimes in a higher “position” than Jurin’s company. Plaintiff alleged Google’s AdWords infringed the StyroTrim trademark and constituted false advertising under the Lanham Act. Plaintiff also alleged the AdWords “sponsored links” constituted a “false designation of [the] origin [of Styrotrim materials]” under that act. Finally, plaintiff claimed Google had negligently and intentionally interfered with plaintiff’s contractual relations with its customers. Google moved to dismiss these claims. Read more »
Tags: AdWords, Communications Decency Act, Google, Lanham Act, Styrotrim, Trademark
Advertising, Communications Decency Act, Court Cases, Google, Lanham Act (Trademark) | editor |
March 11, 2010 12:59 pm |
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A recent federal court case in Illinois demonstrates just how hard it is for people who are defamed online to remove offending posts.
When two individuals posted on four Web sites a variety of unflattering statements about David, Mary, and Lisa Blockowicz, the Blockowicz’s sued the posters for a preliminary injunction on the ground they had been defamed. When the defendants defaulted, the court entered a permanent injunction requiring the defendants to remove the defamatory postings from the four Web sites. Three of the Web sites removed the posts. One Web site (www.ripoffreport.com) did not. One of the offending posts — which remains online – is here. Read more »
An Illinois federal court has dismissed a lawsuit alleging Craigslist’s “adult ads” facilitated prostitution and constituted a “public nuisance.”
The Sheriff of Cook County Illinois had sued the popular online marketplace, alleging it facilitates prostitution. The complaint stated that Craigslist users post advertisements “openly promis[ing] sex for money”; and that many ads included nude pictures. The Sheriff complained that his department had arrested more than 200 people, expending 3,120 man-hours and over $100,000 in prostitution stings developed as a result of information posted on Craigslist. The Sheriff said the posts constituted “solicit [ations] for a prostitute” under Section 720 of the Illinois Code and sought to recover compensatory and punitive damages. The Sheriff also asked for an order barring Craigslist from hosting these advertisements in the future. Read more »