1H 2019 Quick Links, Part 3 (Trademarks)

metatags intended to influence internet search engines could be the basis of a trademark infringement claim based on “source” confusion where competitor caused search results to display offending trademark in…

Using Third Party Trademarks as Hashtags Creates an Implied Association–Align v. Strauss (Guest Blog Post)

…of them involved the use of keywords–including third-party trademarks–in a way designed to boost search visibility. Technologically, there are two differences between hashtags and keyword metatags: (1) keyword metatags don’t…

Copyright Lawsuits Over Product Shots Are Stupid–eTrailer v. Automatic Equipment

…Vitamins * Court Says Keyword Metatags Don’t Matter–Standard Process v. Banks * Yet Another NY Court Says Keyword Ads & Metatags Aren’t TM Use in Commerce–S&L Vitamins v. Australian Gold…

Do Adjacent Organic Search Results Constitute Trademark Infringement? Of Course Not…But…–America CAN! v. CDF

…of metatags, but the court lets the trademark owner sidestep this by saying that the trademark owner doesn’t rely exclusively on metatag claims. So, as far as I can tell,…

2H 2018 Quick Links, Part 2 (Trademarks)

…Festival, LLC v. Simms, 2017 WL 6888499 (C.D. Cal. Dec. 13, 2017) When a term appears in the metatags of a webpage, the webpage is more likely to appear near…

Announcing the 2018 Edition of My Internet Law Casebook

…Glossary ……………………………………………………………………………………………… 203 Domain Names and Metatags Review: ICANN Uniform Domain Name Dispute Resolution Policy [https://www.icann.org/resources/pages/policy-2012-02-25-en] and Rules for Uniform Domain Name Dispute Resolution Policy [https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en] Lamparello v. Falwell (4th…

Q2 2018 Quick Links, Part 5 (Potpourri)

…“Rip Van,” “Van Winkle,” and “Pappy” were contained in the site as keyword metatags. According to Peristyle, its web designer used the words without authorization and the words were “meant…

The Ninth Circuit STILL Thinks Keyword Metatags Matter in 2018–Adidas v. Skechers

…your keyword metatags. The only people those keyword metatags will influence are plaintiffs’ lawyers and possibly a judge. Case citation: Adidas America, Inc. v. Skechers USA, Inc., No. 16-35204 (9th…

Another Court Says Competitive Keyword Advertising Doesn’t Cause Confusion

…the trademark to the purchased keyword. “With respect to the Association’s claim regarding AFA’s purchase of Association Marks as keywords and metatags, the proper comparison is between the resulting ads…

Trademark Injunction Issued Against Print-on-Demand Website–Harley Davidson v. SunFrog

…doesn’t constitute trademark infringement. To reach a contrary result, the court analogizes trademarks in post-domain URLs to metatags, even though post-domain trademark references share basically zero common technological attributes with…