Google Gets Big Ninth Circuit Win That Its Eponymous Trademark Isn’t Generic–Elliott v. Google
The Ninth Circuit ruled that “Google” isn’t a generic trademark. This isn’t a surprise because a district court already reached this conclusion in 2014. See my prior blog post, “Google Successfully Defends Its Most Valuable Asset In Court.” Still, the…
1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts
As you recall, the FTC has taken the position that 1-800 Contacts’ agreement with competitors, via settlement agreements, not to bid on each other trademarks as keywords violates antitrust laws. Prior blog posts: * FTC Sues 1-800 Contacts For Restricting…
New Draft Paper on Emojis and the Law
I have posted a draft article, entitled Surveying the Law of Emojis, to SSRN. I will be posting excerpts from the article here over the next few weeks. I would gratefully appreciate your comments on the draft. I am also…
Catching Up On Some Recent Click Fraud Rulings
After all of the excitement over click fraud a decade ago, we don’t often see click fraud cases any more. However, just in the past couple months I’ve seen 3 rulings that I wanted to share with you. Wickfire, LLC…
FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts
As you may recall, the FTC is pursuing 1-800 Contacts for antitrust violations based on 1-800 Contacts having sued and then settled with competitors who bought keyword ads on 1-800 Contacts’ trademarks. Recently, the FTC filed its “Complaint Counsel’s Corrected…
Trademark Lawsuit Claiming Organic Search Results Create Initial Interest Confusion Falls Apart–Larsen v. Larson
Disclosure note: I provided an expert report in this now-dismissed case, so you might consider my comments to be advocacy. I’ll explain my expert role in a bit. The Court Opinion Susan Larsen practices business law in the Denver, Colorado…
Does “Raiders Fancast” Infringe the “Fancaster” Trademark?
I don’t normally blog demand letters, but this particular matter would benefit from additional visibility. Over 5 years ago, I blogged a lawsuit involving the Fancaster trademark, which I characterized as “the saddest trademark case of 2011.” Among other rulings,…
Your Periodic Reminder That Initial Interest Confusion Lawsuits Are Stupid–Epic v. YourCareUniverse
The plaintiff has a registered trademark for “CARE EVERYWHERE” for B2B healthcare software. The defendant, YourCareUniverse, also makes healthcare software. It extended its brand to include “YOURCAREEVERYWHERE” and launched a public-facing patient healthcare portal under the extended brand. The plaintiff…
Trademark Owner’s Bubble Bursts In Lawsuit Over Soap–Bubble Genius v. Just Bubbly
FFS, even bathtime isn’t a litigation-free zone any more. This case involves rival makers of soap themed on the periodic table of the elements. My screenshot of the plaintiff’s offerings: As the court says, the plaintiff’s unregistered (alleged) trade dress…
University Rejection of Students’ Marijuana-Themed T-Shirt Violates First Amendment–Gerlich v. Leath
Iowa State (ISU) officially recognizes a student chapter for NORML, a marijuana advocacy group. All ISU student groups can use ISU trademarks on merchandise if they comply with the “Guidelines for University Trademark Use by Student and Campus Organizations,” as…