What's Worse Than Cleaning Up A Meth Lab? A Trademark Injunction Against Using "Meth Lab Cleanup" In Metatags

What’s Worse Than Cleaning Up A Meth Lab? A Trademark Injunction Against Using “Meth Lab Cleanup” In Metatags

Opinions like this make me really crank-y. The litigants compete in the meth lab cleanup business. The plaintiff has registered trademarks for “Meth Lab Cleanup LLC.” Right away, we already know that weaponizing highly descriptive terms like that can cause…

Is Amazon Liable For IP Violations By Its Marketplace Vendors? (Forbes Cross-Post)

Is Amazon Liable For IP Violations By Its Marketplace Vendors? (Forbes Cross-Post)

Animal-shaped pillows are cute and fluffy, except when they spur litigation. Recently, the Milo & Gabby brand sued Amazon for IP infringement because merchants allegedly sold knockoffs of its “Cozy Companion Pillowcases.” Amazon has successfully avoided IP liability for its…

Troubling Trademark Ruling Over Amazon's Internal Search Results--MTM v. Amazon (Forbes Cross-Post)

Troubling Trademark Ruling Over Amazon’s Internal Search Results–MTM v. Amazon (Forbes Cross-Post)

When a consumer asks a retailer for a product the retailer doesn’t carry, how should the retailer respond? A recent federal appellate court opinion suggested that Amazon.com gave the wrong answers to consumers searching for a watch brand that it…

Confusion From Competitive Keyword Advertising? Fuhgeddaboudit

Confusion From Competitive Keyword Advertising? Fuhgeddaboudit

[Note: I wrote this post over the weekend, before the atrocious MTM v. Amazon case. I think virtually all of this post remains current despite that ruling. I’ll blog the MTM case separately.] I’ve been chronicling the futility of competitive…

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…

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…

Burlap Flower Wraps  Aren't Protectable Trade Dress--Farmgirl v. Bloom That

Burlap Flower Wraps Aren’t Protectable Trade Dress–Farmgirl v. Bloom That

Farmgirl sells flowers in San Francisco. It wraps its flower arrangements in recycled coffee burlap sacks. Here is an example I found on their website: Farmgirl spurred competition from Bloom That, which replicated Farmgirl’s use of recycled coffee burlap sacks…

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…