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…

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…

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…

Europe’s Antitrust Move Against Google: A Linkwrap

Europe’s Antitrust Move Against Google: A Linkwrap

For outside observers, it’s always thrilling to see two elephants like the EC and Google go tusk-to-tusk in a high-stakes battle. Normally, the government holds the edge in such clashes; after all, their enforcement resources are functionally limitless. But Google’s…

Q4 2014 & Q1 2015 Quick Links Part 7 (Consumer Reviews, RTBF, Defamation, Censorship, Sec. 230)

Q4 2014 & Q1 2015 Quick Links Part 7 (Consumer Reviews, RTBF, Defamation, Censorship, Sec. 230)

International Censorship * WaPo: This was the Internet’s worst, best year ever * Wired: Russia’s Creeping Descent Into Internet Censorship * Washington Post: Russia just made a ton of Internet memes illegal * NY Times: Hungary Drops Internet Tax Plan…

Q4 2014 & Q1 2015 Quick Links Part 6 (Google, Search Engines, Antitrust)

Q4 2014 & Q1 2015 Quick Links Part 6 (Google, Search Engines, Antitrust)

The big news this morning is that the European Commission sent a Statement of Objections to Google. Other links from the past few months, many of them related to this development. Google * Mistakenly released FTC Staff Report on its…

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…

Catching Up on Section 230 Cases From the Past 18 Months

Catching Up on Section 230 Cases From the Past 18 Months

I try to blog every Section 230 case I see. However, over the past year and a half, I’ve collected a few Section 230 cases that I had hoped to blog but that fell through the cracks for one reason…

Damages from Competitive Keyword Advertising Are "Vanishingly Small"

Damages from Competitive Keyword Advertising Are “Vanishingly Small”

Competitive keyword advertising lawsuits typically lose on their merits, but in this particular case, the defendants conceded that their AdWords campaign contributed to trademark infringement. Nevertheless, the defendants contested damages, and the court tells an oh-so-familiar story: Apparently, Defendants bid…