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…
Announcing the 2017 Edition of ‘Internet Law: Cases & Materials’
…VI. Trademarks and Domain Names Review: 15 U.S.C. §1114 [http://www.law.cornell.edu/uscode/text/15/1114], 15 U.S.C. §1125 [http://www.law.cornell.edu/uscode/text/15/1125], and 15 U.S.C. §8131 [http://www.law.cornell.edu/uscode/text/15/8131] Trademark FAQs 198 Trademark Glossary 200 A. Domain Names and Metatags…
1H 2017 Quick Links, Part 1 (Trademarks, Keyword Ads)
…to get around this infirmity by arguing that Defendants employ metatags and search engine optimization techniques to specifically target Pennsylvania consumers searching for PROMINENT on Google or other search engines…
Court Cleans Up Trademark Status of the Phrase “Meth Lab Cleanup”
…cleanup.” You may recall that one competitor, Meth Lab Cleanup LLC, successfully enforced its trademark claims against another competitor who was using the phrase in its metatags (actually, the title…
Q2 2016 Quick Links, Part 1 (Intellectual Property)
…its metatags is likely to create confusion. See Brookfield Commc’ns, Inc. v. West Coast Entm’t Corp., 174 F.3d 1036 (9th Cir. 1999). In Brookfield, the Ninth Circuit held that the…
Web Host Defeats Copyright Liability Despite Mishandled Takedown Notice–Hydrenta v. Luchian
…inclusion of the plaintiff’s trademarks in metatags, which the plaintiff says constitutes initial interest confusion. (Ugh and double-ugh). The court questions whether there is a “use in commerce” and whether…
Announcing the 2016 Edition of ‘Internet Law: Cases & Materials’
…U.S.C. §1114 [http://www.law.cornell.edu/uscode/text/15/1114], 15 U.S.C. §1125 [http://www.law.cornell.edu/uscode/text/15/1125] and 15 U.S.C. §8131 [http://www.law.cornell.edu/uscode/text/15/8131] Trademark FAQs 189 Trademark Glossary 191 A. Domain Names and Metatags Review: ICANN Uniform Domain Name Dispute Resolution…
Court Beats Down Another Competitive Keyword Advertising Lawsuit–Beast Sports v. BPI
…Circuit are reluctant to find this manner of confusion actionable.” BPI responded by citing the old (and terrible) 11th Circuit metatags case, North American Medical v. Axiom. The court distinguishes…