Wikipedia Ethics Event, May 15 at SCU

By Eric Goldman The High Tech Law Institute is cosponsoring (along with the Center for Science, Technology and Society and the Markkula Center for Applied Ethics) the following event: The…

11th Circuit Freaks Out About Metatags–North American Medical v. Axiom

…and thus the trademark references have no chance of being perceived. Along the way, the 11th Circuit distinguishes (and denigrates) the Second Circuit’s 1-800 Contacts v. WhenU case on two…

Rescuecom v. Google Pre-Oral Argument Details

…staff of Google (Mr. Patry was not a participant in the Stanford conference). Judge Leval is confident that these contacts with Google, Inc. Would in no way influence his consideration…

Utah Amends Trademark Protection Act (But Only After Some Drama)

…friend 1-800 Contacts, who initially had been part of the coalition to repeal the Utah Trademark Protection Act but apparently had a last-minute change of mind. I don’t fully understand…

Rescuecom v. Google Oral Arguments Finally Calendared

…the Second Circuit ducked search engine liability in its influential 1-800 Contacts v. WhenU precedent and will now have to address it squarely, (4) an affirmance might prove persuasive enough…

Jan. 2008 Quick Links (IP Edition)

…by the RIAA dragnet can’t recover his attorneys’ fees. This turns on the fact that he didn’t respond to the pre-litigation contacts to turn over his adult daughter who did…

1-800 SKI VAIL Doesn’t Infringe–Vail Associates v. Vend-Tel-Co

…defendant operates nearly 2 dozen 800-phone lines that all begin “1-800-SKI-[destination].” At issue in this case is the phone line 1-800-SKI-VAIL. The 800 number was a redirection service that routed…

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

…help but note that there appear to be many other possible defendants who are buying 1800*]}*contacts as a keyword (see the screenshot in para. 22/page 6)…is a 1-800 Contacts litigation