March 2010 Quick Links
…constitutionality of Nevada’s restrictions on advertising prostitution. Trademark * WSJ: It’s a crowded namespace for bands. * 1-800Contacts, Inc. v. Memorial Eye, P.A., 2010 WL 988524 (D. Utah March 15,…
Pharma Company Avoids Injunction By Dropping Competitive Keyword Ads–King v. ZymoGenetics
By Eric Goldman King Pharmaceuticals, Inc., v ZymoGenetics, Inc., 2009 WL 4931238 (E.D. Tenn. Dec. 10, 2009). Seattle Trademark Lawyer has some background. This case involves the cutthroat (sorry) world…
Another Cautionary Tale of Joint Website Ownership–TEG v. Phelps [UPDATED]
…has de facto control over the empire. [UPDATE: Phelps disputes the italicized inference for reasons I did not understand.] Yet another reminder to keep domain name registration contacts up to…
Keyword Advertising Lawsuit Survives Motion to Dismiss on Genericness Grounds–FragranceNet v. Les Parfums
…buying its trademarks as advertising keywords. Interpreting the 1-800 Contacts precedent before that was gutted by the Second Circuit’s 2009 Rescuecom decision, the district court judge decisively concluded that buying…
Ninth Lawsuit Against Google Over AdWords–Rosetta Stone v. Google
…firm is Gibson Dunn, which includes Terence Ross on the team. Terence lost some of the early WhenU keyword ad cases including the once-seminal 1-800 Contacts v. WhenU ruling. He…
Graeme Dinwoodie on Rescuecom v. Google
…to go back and rethink 1-800 Contacts. I agree though they have effectively undermined 1-800-Contacts. The bad news is that the messy way in which they have done it —…
Margreth Barrett on Rescuecom v. Google
…for example, 1-800 Contacts and 1800*]}*contacts.com (or whatever it was). I know that the 1-800 contacts court noted that the web address was not the mark, but I can’t see…
Second Circuit Says Google’s Keyword Ad Sales May Be Use in Commerce–Rescuecom v. Google
…in commerce” defense in keyword advertising cases and whether Google and other search engines could reform their practices so that they are no longer deemed uses in commerce. 1-800 Contacts…
Utah HB 450 Dies in Utah Senate Without a Vote
…(filed 01/08/2008, closed 09/09/2008) * 1-800 Contacts v. Drugstore.com, 2:2008cv00157 (filed 02/26/2008, closed 08/12/2008) * 1-800 Contacts v. Lens.com Inc., 2:2007cv00591 (filed 08/13/2007) * 1-800 Contacts v. Premier Holdings, 2:2007cv00946…
Utah House Barely Passes HB 450 (Maybe)–UPDATED
…1-800 Contacts; Kate Kaye catches us up on some of 1-800 Contacts’ maneuverings. It’s not clear if the Senate will approve the law; or if it will even act on…