Q2 2015 Quick Links, Part 1 (IP, Marketing and More)

Q2 2015 Quick Links, Part 1 (IP, Marketing and More)

Copyright * The dominant media storyline about the Mayweather-Pacquiao boxing match was the fight’s widespread illicit availability on the livestreaming apps Periscope and Meerkat. But this should have been the dominant storyline instead: An estimated 4.4 million viewers paid a…

Competitive Keyword Advertising Permitted As Nominative Use--ElitePay Global v. CardPaymentOptions

Competitive Keyword Advertising Permitted As Nominative Use–ElitePay Global v. CardPaymentOptions

I know, it’s getting repetitive blogging about competitive keyword advertising cases failing in court. But trademark owners keep bringing them, so I’ll keep blogging them. The Ruling The trademark owner does business as ElitePay Global. It provides “merchant payment solutions…

Google And Yahoo Defeat Last Remaining Lawsuit Over Competitive Keyword Advertising (Forbes Cross-Post)

Google And Yahoo Defeat Last Remaining Lawsuit Over Competitive Keyword Advertising (Forbes Cross-Post)

Keyword advertising using competitors’ trademarks is now so well-accepted, it may be hard to remember that the practice used to generate serious debate among lawyers and ethicists. In particular, the search engines drew substantial legal fire from trademark owners for…

Sixth Circuit Says Informational Fax Isn't an "Ad"--Sandusky v. Medco

Sixth Circuit Says Informational Fax Isn’t an “Ad”–Sandusky v. Medco

Medco is a “pharmacy benefit manager” (an intermediary between employers/health plan sponsors and drug companies). It sent two faxes to Sandusky Wellness Center, a health care provider, advising that many Sandusky patients had adopted Medco’s formulary, and encouraging Sandusky to…

Can Lawyers Buy Keyword Ads On Each Others' Names At Google? (Forbes Cross-Post)

Can Lawyers Buy Keyword Ads On Each Others’ Names At Google? (Forbes Cross-Post)

“Competitive keyword advertising” occurs when a company buys the trademarks of its competition as keywords for search engine marketing. In the 2000s, it was one of the most interesting and hotly-contested issues of Internet Law as trademark owners filed many…

More Section 230 Cases Than I Can Handle!

More Section 230 Cases Than I Can Handle!

My cup runneth over with Section 230 cases! This long blog post catches up on a few from the past couple months. Warning: there are some stinkers in this batch. Google, Inc. v. Hood, 2015 WL 1546160 (S.D. Miss. March…

Mixed Ruling in Competitive Keyword Advertising Case--Goldline v. Regal

Mixed Ruling in Competitive Keyword Advertising Case–Goldline v. Regal

The lawsuit’s principal participants are rivals in the precious metals and coin industry. The defendant organization, Regal, has an affiliate program, and it appears that some affiliates bought competitive keyword advertising using the plaintiff Goldline’s trademark. The ruling is on…

Q4 2014 & Q1 2015 Quick Links Part 5 (Trademarks, Domain Names, Marketing)

Q4 2014 & Q1 2015 Quick Links Part 5 (Trademarks, Domain Names, Marketing)

Trademarks and Domain Names * TheDomains: .Sucks Releases Pricing With “Premiums” For Trademark Holders Up To $2,499 A Year. A pox on the .sucks operator and on ICANN for permitting this pricing scheme. ICANN wants federal regulators to declare the…

Another Competitive Keyword Advertising Lawsuit Fails--Infogroup v. DatabaseLLC

Another Competitive Keyword Advertising Lawsuit Fails–Infogroup v. DatabaseLLC

The plaintiffs run several well-known databases, such as infoUSA and Salesgenie. The defendants are former employees of plaintiffs who split off and launched a competitive rival. The plaintiffs are upset that the defendants’ databases contain fake listings created by the…

Q4 2014 & Q1 2015 Quick Links Part 4 (Potpourri)

Q4 2014 & Q1 2015 Quick Links Part 4 (Potpourri)

Commerce * NAD tells CheapoAir that it can’t run keyword ads showing the lowest priced flight in its database if it can’t deliver that fare to the consumer. * United Airlines sues 22-year-old who found a method for buying cheaper…