Google & Microsoft Win Patent Lawsuit Related to GeoTagging

Are Your Clickwrap Forum Selection Clauses Enforceable?

Earlier this month, the U.S. District Court for the Northern District of California held that clear evidence that a consumer could not have completed an online transaction without checking a box accepting the terms and conditions was sufficient to constitute notice and acceptance of the forum selection clause contained within. Moretti v. Hertz Corp., No. … Read more

Cole Haan’s Social Media Investigated by the FTC

Cole Haan, a shoe manufacturer recently ran a photo contest, titled “Wandering Shoe,” which offered $1000 for the ‘most creative entry.’   The contest required users to post photos on Pinterest, with a board titled “Wandering Sole” and then create five photos of the shoes, five photos of ‘places to wander’, and use the proper hashtag. … Read more

IRS Says BitCoins are Property, Not Money

Crypto currencies, such as the popular BitCoin, have been going through some growing pains over the past few months.  Between issues with hackers, the fraud and closing of the popular trading service, Mt. Gox, many people have had questions about how stable these currencies can actually be.  Many experts suggest that these types of troubles … Read more

Is Your Business Prepared for Canada’s Anti-Spam Law?

In what is widely considered to be one of the most restrictive laws on the planet dealing with commercial electronic messages, most of Canada’s long-awaited anti-spam legislation will take effect on July 1, 2014 (“CASL”). CASL regulates all commercial electronic messages that are sent or accessed by computer systems located within Canada.  Therefore, covered businesses … Read more

Google Ordered to Pay $85 Million for Patent Infringement

SimpleAir’s US Patent No. 7,035,914, which covers a system and method used for data communication between network computers, was the subject of a patent infringement case against Google.  SimpleAir first claimed that Google, Microsoft, Samsung, Nokia and other tech firms had violated the patent in 2011.  All the companies settled with SimpleAir, except Google, which … Read more

FTC Investigating LifeLock

LifeLock, an industry leading identify and data Protection Company, has recently confirmed that they are the subject of an active FTC.  This may be of particular interest to the many affiliate marketers who are part of the LifeLock affiliate program.  This is not entirely unexpected, as LifeLock filed a 10-K form learly this year, which … Read more

Google May owe up to $1Billion

Google has already had to pay $15.8 million in a lawsuit brought on by a company named Vringo (through a subsidiary called I/P engine) for patent violations. Vringo had acquired two patents from Lycos that are about the ranking and placement of ads in search engines. In 2012, courts ordered Google, Microsoft, AOL and others … Read more

Revenge Porn Facing Legal Challenges

You might be wondering what that title, or this topic, has to do with performance marketing.  Well, as digital marketers we need to be well aware of any legal challenges going on that affects anything on the Internet.  While I fully support this law (which I’ll explain shortly), it is important for us as marketers … Read more

12 Companies Enter Agreement with FTC

12 companies have recently agreed to no-fault consent orders with the Federal Trade Commission, which is intended to settle charges that they falsely claimed that they were in compliance with the US-European Union and the US-Switzerland Safe Harbor Programs, even though their certifications had lapsed. The 12 companies come from virtually all industries, including mobile … Read more