Legally Speaking – Legal Stuff for SEMs – SMX West

A session on the legal aspects of search and domains was an interesting addition to this years’ agenda. Moderated by Sarah Bird and featuring a selection of legal experts, a range of topics relating to search and affiliate marketing were placed under scrutiny.

Travis Crabtree – Looper Reed & McGraw, P.C

First up was Travis Crabtree. Travis outlined the 2 key criteria that must exist for a case to exist in respect to ‘misuse of Trademarks’. Those two things were either a use in commerce must occur, or that there must be consumer confusion. However differences did exist between California courts and those of New York.

Facebook Sues Power.com

It wasn’t long ago that we reported on Power.com‘s expansion into the North American market. The social networking aggregator that allows users the ability to navigate and participate in multiple social networks at once, now finds itself in hot water with social networking giant Facebook.

Court documents filed December 30th reveal that Facebook is suing Power.com for a host of reasons including copyright infringement, violations of terms of service, and the scraping of what they consider “proprietary data,” which I assume is user information. It appears the mere inclusion of Facebook into the Power.com site is not at issue, but rather the fact that Power.com did not use Facebook’s public API. As of now Power.com has removed every mention of Facebook from its site.