Ripoff Report Gets Another Big 47 USC 230 Win–Asia Economic Institute v. Xcentric
…denies the plaintiffs’ request for further discovery. Among other things, the plaintiffs wanted to look for evidence that the HTML code/metatags aren’t generated automatically. The court says that information wouldn’t…
Quityerbitchin: Relative Search Results Placement Doesn’t Support Trademark Injunction–Bitchen Kitchen v. Bitchin’ Kitchen
…the plaintiffs’ evidence and assertions regarding search-engine rankings. This argument reminded me of Chad Doellinger’s uncited article from a decade ago (Chad J. Doellinger, Trademarks, Metatags and Initial Interest Confusion:…
47 USC 230 Retrospective Conference Recap
…the website is an ICP because it creates metatags and URLs. This exception would swallow the 230 rule. The Herman case rejected the argument. * Argue the website isn’t following…
Important Ninth Circuit Ruling on Keyword Advertising, Plus Recaps of the Past 4 Months of Keyword Ad Decisions
…or selling keyword advertising. Oh well. A Side Note About Metatags In recounting the history of the Brookfield case and its discussion of metatags, the court drops FN3: “Modern search…
Savvy Louisiana Ruling on Metatags–Southern Snow v. Snowizard
…confusion to the jury, yet to create a lighter burden where metatags are involved, given that with metatags the consumer never actually sees the trademark or knows that it is…
Nov.-Dec. 2010 Quick Links, Part 1 (Trademarks and Advertising Edition)
…B’s conduct focusing on the creation of a new website as well as its contacting Hargis customers, using metatags and purchasing domain sites using the term “sealtite” or phrases containing…
SEO/Web Design Consultant Faces Contributory Trademark Liability for “Copycat” E-Commerce Site–Roger Cleveland Golf v. Price
…were used, but we know that (a) Google ignores keyword metatags and (b) judges mistakenly think that keyword metatags are the holy grail of SEO. If you’re an SEO who…
April-May 2010 Quick Links Part 1 (IP Edition)
…Minnesota Law Review. The abstract: The commercial development of the Internet has been punctuated with legal disputes over the use of trademarks as domain names, as metatags, as search terms,…
Geographic Trademark Leads to Interesting (& Tortured) Injunction–Skydive Arizona v. Quattrocchi
…on any page of any website in any location on any websites registered, owned, or used, directly or indirectly, by any of the Defendants I find the fretting about metatags…
Keyword Ad and Product Shots Case Survives Motion to Dismiss–FragranceNet v. FragranceX
…claims that FragranceX put its trademarks in the metatags (good grief, another plaintiff who needs to internalize that Google ignores keyword metatags) and bought them as AdWords keywords. FragranceX responds…