Blog Comments as Evidence of Consumer Confusion–QVC v. Your Vitamins

QVC, Inc. v. Your Vitamins, Inc., 2010 WL 2985801 (D. Del. July 27, 2010) This case involves two competitive products. Lessman, the principal behind one of the products, posted 4 blog posts deconstructing his competitor’s products. The competitor sued Lessman…

A Report About a “Sketchy” Interview With Phone to Phone Inc.

It has been a while since I’ve blogged about Phone to Phone Inc., the company that earned my enmity (and piqued my curiosity) after an annoying telemarketing assault last year. Initially, I was curious about their shady marketing practices, but…

Law Professor: We Should Petition the FDA to Certify Vegetarian Foods

Carrie Griffin Basas, ‘V’ is for Vegetarian: FDA-Mandated Vegetarian Food Labeling I became a vegetarian over a quarter-century ago, when the vegetarian market was small/fringe-y. Back then, it was hard to get a supply of high-quality and trustworthy vegetarian food,…

MySpace Postings Foil Another Litigant–Sedie v. U.S.

Sedie v. U.S., 2010 WL 1644252 (N.D. Cal. April 21, 2010) I’ve previously blogged about online postings exposing litigant duplicity, i.e., arguing one thing in court but saying something contrary online. (1, 2) This case is typical of the trend…

Disturbingly Humorous MySpace Posts Used as Impeaching Evidence in Spousal Abuse Case–Embry v. State

Embry v. State, 2010 WL 768755 (Ind. App. Ct. March 8, 2010) I’ve blogged before about the use of postings to MySpace or other social networking sites as a new source of impeaching evidence. In this case, an ex-husband was…

Burger Wars Are Back–HAG LLC v. B&I Enterprises

HAG LLC v. B&I Enterprises, 9:10-cv-80127-KAM (S.D. Fla. complaint filed Jan. 26, 2010) Over the past 5 years, I have repeatedly blogged about over-the-top commercial burger offerings, including: * Zeus Burger, a 12.5 pound burger * Beer Barrel Belly Buster,…

Public Librarian Complains About Phone to Phone Inc.

I continue to get emailed complaints about Phone to Phone Inc. A recent email (as usual, posted with permission): _________ [begin third party email] Many thanks for your exposure of Phone2Phone. I manage a public library website and we have…

Phone to Phone Inc. is Spamming Again–This Time for Lawschool.org

I have received numerous promises from Phone to Phone Inc. that they will stop spamming me, but either they have ignored those promises or they have an incredibly weak internal data tracking system. My latest spammed email from Phone to…

Courtroom Coverage in the Internet Era–a Conference Recap

By Eric Goldman In November 2009, I spoke at an interesting and unusual event sponsored by the Ninth Circuit Public Information and Community Outreach Committee, a group I’d never heard of before. The group regularly sponsors a conference called the…

Another Phone to Phone Inc. Employee Speaks Out

In response to my prior post of a Phone to Phone Inc. employee’s email, I got the following email (reposted with permission): _____________ [begin third party email] Good evening Mr. Goldman, I am a former “employee” of Phone To Phone…