E-Commerce SEO

New UK Law Criminalizes Stealth Marketing Techniques

Our European colleagues have been buzzing about a new law prohibiting certain stealth marketing tactics. Distilled, IPA, The BBC, BigMouthMedia, The Times Online and Marketing Week have speculated on the potential fallout of the new regulation. Many have predicted the demise of common, but controversial covert marketing techniques, including paid links, fake reviews, flogs, and comment seeding. What exactly does the law prohibit? Is it the death of stealth marketing? What does it mean for stealth marketers in other countries who may do some business in the UK?

Gambert Strikes Back!! The Confidential Official Response to SEOmoz's Opposition Proceeding

That's right ladies and gents, the zaniness continues. Mr. Gambert and I must be psychically connected because apparently he filed an official response to our Notice of Opposition at the same time I was filing our Motion for Default Judgment. You can take a look at the case documents and download copies of both Jason's 41-page response and my motion, here. It's forty-one pages and truthfully, I haven't sat down and studied the whole thing yet. But it's too delicious to withhold any longer.

The Secret: SEM Sued for Trademark Violations and Breach of Fiduciary Duty

In fact, the whole nasty mess is public record because the owners of The Secret are suing their former internet marketer for trademark infringement and violating his duty of loyalty to them. The case, TS Merchandising v. Hollings, was filed November 2007 and includes allegations that Hollings infringed and exploited The Secret's trademarks by selling his own merchandise under the brand, cutting unauthorized side deals with vendors of authentic merchandise, and generally using his knowledge of SEO for evil by seeking personal gain. The whole story has the bizarre, made-for-Tv feel about it. Regardless, it's an interesting look at the kind of trouble that internet marketers can get themselves into.

The Law and Business of Online Advertising Conference Recap

May It Please the Mozzers, May It Please the Mozzers, Last Friday, I had the pleasure of attending the Law and Business of Online Advertising, a conference co-sponsored by the Berkeley Center for Law & Technology and Santa Clara’s High Tech Law Institute. ...

Class Action Trademark and Anti-Cybersquatting Lawsuit Against Google and Domain Parkers Gets the Green Light

Vulcan Golf v. Google et al. is an important case because it's the first time (as far as I know) that trademark owners have tried to hold Google liable for domain-related conduct. Plaintiffs are taking what they learned in the keyword advertising context and applying it to domaining. Further, because the case is potentially a class action, there are mega bucks on the line. Think about it: anyone who's ever had her trademark infringed by a domainer using a parking company and Google Adsense could theoretically sign up to be a plaintiff. The recent ruling paves the way for trademark holders to sue companies who provide advertising services, but neither own or register the offending domain name, to be held liable for trademark infringement and cybersquatting.

Pulling a Fast One: A Clever Internet Marketer Is Trying to Trademark "SEO"

May It Please the Mozzers, I was working on trademarking some SEOmoz marks the other day, when I noticed that someone is trying to register the trademark "SEO." I was shocked. Apparently, the guy who's doing this has managaged to get all the way to the publication stage of the registration process. That means he has met a preliminary review by a trademark attorney. Now the...

Managing Risk: Legal Issues for Merchants and Affiliate Marketers

My goal is to present a checklist of legal issues and trends surrounding affiliate marketing. I hope this will be interesting to both merchants and marketers. Affiliate marketing has unfortunately gained a bad reputation for being particularly high risk. While the industry is unlikely to ever be risk-free, it is possible to manage your risk by (1) investigating your prospective marketing partner; (2) using and maintaining a tight legal contract that allocates the risk and provides for the appropriate indemnifications, and (3) keeping informed about the current technology, marketing strategies, and regulatory climate. Without further ado, let's take a look at risk identification and management for merchants and affiliate marketers.

Copyright: Sample Forms and Strategies for Registering your Online Content

I'm going to divide up the registration process into three parts because each application should include three things: (1) The Completed Application; (2) A Sample or Copy of the Work; and (3) the fee. Part One: The Completed Application Applications to register copyright are actually very short and pretty intuitive. Regardless, many people break out into a cold sweat at the thought of completing a copyright application. I have a feeling the paper part is what holds most people back. Because "seeing is believing," I am sharing with you the copyright applications I have created to get SEOmoz up to date on its copyright registration.

FTC Orders ValueClick to Pay 2.9 Million

The FTC announced today that Valueclick has agreed to pay 2.9 million dollars to settle the charges. This is the largest cash settlement since the inception of the Can-Spam Act in 2003. In addition, Valueclick is barred from future violations of the Can-Spam Act. It must also place conspicuous disclaimers indicating that consumers are required to participate and spend money on other obligations in order to qualify for "free" promotions. The settlement also requires them to provide a list of the obligations – such as applying for credit cards, purchasing products, or obtaining a car loan – that consumers must incur to qualify for a free product. Valueclick must also put in place strict measures to protect consumer information. Valueclick's compliance with these measure must be monitored by an independent party for 20 years.

Trademark Law and Domain Names: ACPA or UDRP?

Today I want to discuss how trademark law plays out in the course of a domain name dispute. We're going to compare and contract the Anti-Cybersquatting Consumer Protection Act with I-CANN's Uniform Domain Name Dispute Resolution Policy. As I see it, there are generally three kinds of domain name disputes. They are as follows: 1. Cybersquatting: You own a trademark and someone without a right to the mark is exploiting your mark in bad faith. 2. Two trademark holders, one domain name: You own a trademark, but someone else owns the same mark too and there is only one domain name. 3. No one owns the trademark, but everybody wants the brand: Not all domain names are trademark protected, but people inappropriately attempt to use trademark law to resolve domain name issues. While discussing each prototypical domain name dispute, we will also discover the different statutes and dispute resolution procedures available in domain name disputes.

How Screwed am I? Can Two Companies Have The Same Name?

How Screwed Am I? Some Other Business Has the Same Name As I Mine.

Trademark Problem: When Two Businesses Own the Same or Similar Mark

It is possible for two businesses to own the same or similar marks. Remember that the guiding principle is consumer confusion. If the two marks identify different products and oper...

Trademark Basics: Be First in Your Market, Be Distinctive, and Don't Confuse the Consumer

⇒ What is trademark law? → Product marks versus service marks ⇒ Where does trademark law come from? ⇒ Isn’t trademark the same thing as copyright? ⇒ Do I have any trademarks? How do I get some? → Be First in Your Market → Be Distinctive ⇒Trademark Law's Guiding Principle: Don't Confuse the Consumer ⇒ Limitations on Trademark Rights → Trademark does not protect disparaging or lewd marks. → Trademark holders do not “own†the words, logos, or slogan’s themselves. → Parodies of trademarks are permissible. → Non-commercial uses are permissible. → News reporting and product comparisons are permissible. ⇒ Caution! The Very Famous Marks Exception! ⇒ Should I register my trademarks?