August 2008 Quick Links, Part 1
By Eric Goldman eBay * Mazur v. eBay Inc., 2008 WL 2951351 (N.D. Cal. July 25, 2008). See my previous blog post on the case. Some commentators are excited about this ruling because it rejects eBay’s motion to dismiss a…
426,487 Reasons Why Metatags Still Matter (In Court)–Venture Tape v. McGills
By Eric Goldman Venture Tape Corp. v. McGills Glass Warehouse, 2008 WL 3959997 (1st Cir. Aug. 28, 2008). For more on the case, see the initial 2003 ruling denying a motion to dismiss for lack of jurisdiction and a 2006…
Court Slams Competitive Metatagging and Keyword Advertising–Soilworks v. Midwest Industrial Supply
By Eric Goldman Soilworks, LLC v. Midwest Indus. Supply, Inc., 2008 WL 3286975 (D. Ariz. Aug. 7, 2008) All too frequently, we get an opinion where the judge clearly didn’t grasp current implementations of keyword advertising and metatagging. Often, it’s…
Minnesota Court Says Keyword Advertising is TM Use in Commerce–Hysitron v. MTS
By Eric Goldman Hysitron Inc. v. MTS Systems Corp., 2008 WL 3161969 (D. Minn. Aug. 1, 2008) In a brief and pedestrian opinion, another court outside the Second Circuit said that buying a trademarked keyword is “use in commerce” under…
July 2008 Quick Links, Part II (Non-IP Edition)
By Eric Goldman Search Engines * Google explains all of the ways that it reinterprets the actual search query provided by a consumer to deliver results for words the searcher didn’t use. As I’ve said before, Google’s intermediation makes it…
Two Regressive Search Engine Advertising Rulings–Standard Process v. Total Health and Finance Express v. Nowcom
By Eric Goldman It’s not uncommon for courts to make judgments based on outdated understandings of precedent and technology, especially when dealing with dynamically evolving areas like Internet trademark law. Nevertheless, it can be a little dispiriting to read opinions…
June 2008 Quick Links
By Eric Goldman Trademarks/Domain Names * Utah Lighthouse Ministry v. Foundation for Apologetic Information and Research, 2008 WL 22043807 (10th Cir. May 29, 2008). CMLP writeup. Nice 10th Circuit win for a gripe site against trademark infringement and cybersquatting. This…
Keyword Metatags and Keyword-Triggered Ads Don’t Create Initial Interest Confusion–Designer Skin v. S&L Vitamins
By Eric Goldman Designer Skin, LLC v. S & L Vitamins, Inc., 2008 WL 2116646 (D. Ariz. May 20, 2008) An Arizona district court has ruled that the surreptitious use of trademarks doesn’t create a likelihood of initial interest confusion,…
Google Sued for Running Ads for “Fraudulent Mobile Subscription Services”–Goddard v. Google
By Eric Goldman Goddard v. Google, Inc., Case No. 108CV111658 (Cal. Super. Ct. complaint dated April 30, 2008). Google’s notice of removal to federal court C08 02738 (N.D. Cal. removal notice dated May 30, 2008). [warning: 1.5MB file. Google’s notice…
May 2008 Quick Links, Part 1 (Trademarks/Domain Names Edition)
By Eric Goldman * Syncsort Inc. v. Innovative Routines Intern., Inc., 2008 WL 1925304 (D.N.J. April 30, 2008). Including a third party trademark in a keyword metatag qualified as nominative use. (Along the same lines, see the Designer Skin case…