Kentucky Court Votes Keyword Ads = TM Use in Commerce–TDI v. Golf Preservations
…defendant). The court describes the precedent cited by both sides regarding the “use in commerce” question (a2z and 1-800 Contacts on the defense; GEICO, American Blinds, Buying for the Home,…
ABA IP Section Quietly Considering Anti-Consumer Proposals to Regulate Keyword Advertising
…fact. Like the fourth resolution (discussed below), this appears to be a simple attack on 1-800 Contacts ruling—which held that the use of trademarks to display ads does not, by…
1-800 Contacts Sues LensWorld for Keyword Advertising
…frenzy imminent, or is LensWorld uniquely positioned for 1-800 Contacts’ enmity? Finally, for those of you who purchase contact lenses and other eyecare items online, I trust you’ve noted 1-800…
September 2007 Quick Links Part II
By Eric Goldman Contracts * Manasher v. NECC Telecom, No. 06-cv-10749 (E.D. Mich. Sept. 18, 2007). NECC included the following language on its invoices: “NECC’s Agreement ‘Disclosure and Liabilities’ can…
September 2007 Quick Links Part I
By Eric Goldman Marketing * From the NYT: There are 200+ auto repair shops in the “Iron Triangle” area in New York, and apparently they compete fiercely with each other,…
August 2007 Quick Links, Part I
By Eric Goldman Search Engines * Google extended its ad serving technology to consider a user’s past search phrases in addition to their current search term. * Greg Linden: “Google…
American Blinds-Google Lawsuit Settles
By Eric Goldman Google Inc. v. American Blinds & Wallpaper Factory Inc., 5:03-cv-05340-JF (N.D. Cal. settled August 31, 2007) After almost four years of litigation, the American Blinds lawsuit ended…
Search Engine Strategies Copyright and Trademark Panel
By Eric Goldman Today I participated in the Copyright and Trademark panel at Search Engine Strategies in San Jose, along with Clarke Walton, Eve Chaurand-Fraser of Ask, Mary Berk of…
American Airlines Sues Google Over Keyword Ads
…issue for his clients Wells Fargo and 1-800 Contacts. Lawsuits against Google certainly haven’t gotten easier since the 2d Circuit 1-800 Contacts ruling, but maybe Ross has figured out how…
2007 Cyberspace Law Syllabus
…1-800 Contacts v. WhenU case. The 1-800 Contacts case remains a very important keyword law precedent, but as a teaching case it was just so-so. The adware subject matter increased…