Ninth Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Ads–Lerner & Rowe v. Brown Engstrand
…trademark to make its sales. Keyword metatags are also distinguishable: “incorporating metatags consisting of a competitor’s trademark into a website code is comparable to displaying or presenting a mark….Even if…
Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising–1-800 Contacts v. Warby Parker
…Metatag Tangent. 1-800 Contacts referenced the term “metatags,” but the court disregards it because it wasn’t properly pled and because “a defendant’s use of a plaintiff’s trademark in an ‘unpublished…
Catching Up on Two Keyword Ad Cases
…Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy * Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. McNeil * Google’s Search Disambiguation…
Announcing the 2024 Edition of My Internet Law Casebook
…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 Trademark Glossary A. Domain Names and Metatags Review: ICANN Uniform Domain…
Competitor Isn’t Responsible for Google Knowledge Panel’s Contents–International Star Registry v. RGIFTS
…Sales–Edible IP v. Google * Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy * Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy * Fifth Circuit Says…
TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2
…Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google * Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy * Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex…
Internal Search Results Aren’t Trademark Infringing–PEM v. Peninsula
…offerings. The court says the rival makes a trademark use in commerce by using the trademarks in its “metatags” (ugh). Cite to the 17 year old JG Wentworth ruling. The…
When Do Inbound Call Logs Show Consumer Confusion?–Adler v McNeil
…Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy * Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy * Fifth Circuit Says Keyword Ads Could Contribute to…
Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri
…Luxy * Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy * Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. McNeil *…
Announcing the 2023 Edition of My Internet Law Casebook
…Trademark Glossary A. 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…