Yet Another NY Court Says Keyword Ads & Metatags Aren’t TM Use in Commerce–S&L Vitamins v. Australian Gold
…Keyword Ads, Metatags and Trademarks In this case, S&L initiated a declaratory judgment against Australian Gold. By bringing a DJ, S&L kept the case in a Second Circuit jurisdiction–where courts…
Keyword Metatags Revisited
…metatags and Inktomi (part of Yahoo) and Teoma (part of Ask) publicly acknowledged that they indexed keyword metatags. Even though Yahoo and Ask display search results based on keyword metatags,…
Another Court in 2d Cir. Says Buying Keyword Ads Isn’t TM Use in Commerce–FragranceNet.com v. FragranceX.com
…Merck, Hamzik wrt keyword triggering only and Site Pro-1). (As an added bonus, this case, like the Site Pro-1 case, says that keyword metatags aren’t a trademark use in commerce…
Another NY Court Says Keyword Triggering Isn’t TM Use in Commerce–Site Pro-1 v. Better Metal
…court reject the trademark claim on competitive metatag usage; the more standard “metatags = infringement” proposition has bothered me for years. And it’s nice to have another vote that competitive…
Keyword Ads and Metatags Don’t Confuse Consumers–J.G. Wentworth v. Settlement Funding
…quite fit the pattern, this is a big win for advertisers. The court holds that, as a matter of law, the use of keyword-triggered ads and keyword metatags cannot confuse…
Outdated Metatags Don’t Infringe–Pop Warner v. NH Youth Football & Spirit Conference
…everyone. KEYWORD METATAGS ARE IRRELEVANT for all practical purposes. Second, even if metatags did matter (WHICH THEY DON’T), I can imagine very few circumstances where they “divert” enough customers who…
Do Quotation Marks Matter? Yes (in the Ninth Circuit)–Picture It Sold v. iSOLD It
…analogized to keyword metatags a la Brookfield, or it might not (cite to Berzon’s concurrence in Playboy v. Netscape). This panel doesn’t tip its hand, simply saying “it would []…
Trademark Travesty of the Month–SMJ Group v. 417 Lafayette Restaurant
…misguided definition of “use in commerce,” many online gripers tautologically commit initial interest confusion when they use domain names or keyword metatags with the plaintiff’s trademark. In that respect, this…
June 2006 Quick Links
…that it doesn’t seem to understand the differences between metatags and keyword triggers. Also, note the irony that Yahoo is buying ads from competitor Google. * The WSJ writes about…
Competitor’s Keyword Ad Purchase May Be Trademark Infringement–Edina Realty v. TheMLSonline
…the Edina Realty mark to generate its sponsored link advertisement. See Brookfield Communs., Inc. v. W. Coast Entm’t Corp., 174 F.3d 1036, 1064 (9th Cir.1999) (finding Internet metatags to be…