More Confirmation That Google Has Won the AdWords Trademark Battles Worldwide (Forbes Cross-Post)
By Eric Goldman I’ve repeatedly asserted that the trademark battles over keyword advertising are near the end. As further evidence of that, recently Google ($GOOG) liberalized its international trademark policy for advertising via AdWords. Previously, Google allowed trademark owners…
Minnesota’s Proposed Anti-Trademark Bullying Statute Misses the Mark (Guest Blog Post)
By Guest Blogger Leah Chan Grinvald Last April, Minnesota became the first state in the U.S. to introduce anti-trademark bullying legislation with the proposal of H.F. 2996. The proposed “Small Business Trademark Protection Act” had a whole host of problems,…
N.Y. Yankees Block Clothing Manufacturer’s “Baseball’s Evil Empire” Trademark Registration (Catch-Up Post)
By Jake McGowan [writings][LinkedIn] New York Yankees Partnership v. Evil Enterprises, Inc., TTAB Opposition No. 91192764 (TTAB Feb. 8, 2013) With nagging injuries to several key starters, it looks like the New York Yankees are in for a long season….
Book Recommendation: “Trademark and Deceptive Advertising Surveys”
By Eric Goldman I read only a couple of books per year. As very long-form scholarship, books usually require big blocks of time to read (and I rarely have such blocks), and I typically find the payoff isn’t worth the…
It’s Legally Okay if Google Thinks Your Name and Erectile Dysfunction Drugs Have Something to Do With Each Other (Forbes Cross-Post)
By Eric Goldman Stayart v. Google Inc., 2013 WL 811793 (7th Cir. March 6, 2013). Would you be upset if people searching for your name are prompted to search for your name plus the name of an erectile dysfunction drug like…
Amazon’s Merchandising of Its Search Results Doesn’t Violate Trademark Law (Forbes Cross-Post)
By Eric Goldman Multi Time Machine, Inc. v. Amazon.com, 2013 WL 638888 (C.D. Cal. Feb. 20, 2013). The complaint. No retailer does a better job of cross-selling to its customers than Amazon.com ($AMZN). Amazon is quite effective at exposing customers to…
Buying Keyword Ads on People’s Names Doesn’t Violate Their Publicity Rights–Habush v. Cannon (Forbes Cross-Post)
By Eric Goldman Habush v. Cannon, 2013 WL 627251 (Wisc. App. Ct. Feb. 21, 2013) Can you imagine someone buying Google ($GOOG) AdWords keyword advertising triggered by your name? Most of us wouldn’t dream of it, usually because our names just…
With Its Australian Court Victory, Google Moves Closer to Legitimizing Keyword Advertising Globally (Forbes Cross-Post)
By Eric Goldman Google’s ($GOOG) keyword advertising program, AdWords, has been subject to constant legal challenges for the past decade. After an initial period of legal uncertainty, AdWords’ legal fortunes recently have brightened in the United States and Europe. Earlier this…
Another Google AdWords Advertiser Avoids Trademark Liability–Whipple v. Brigman
By Eric Goldman Whipple v. Brigman, 2013 WL 566817 (W.D. N.C. Feb. 13, 2013) I’ve repeatedly said that trademark lawsuits over Google AdWords advertising rarely make financial sense. This case would clearly support that proposition, except both parties proceeded pro…
Revisiting the Ninth Circuit’s 1979 AMF v. Sleekcraft Case Post-Remand (Guest Blog Post)
By Guest Blogger Sruli Yellin [Eric’s note: like many IP professors, I’ve taught the 1979 9th Circuit ruling in AMF v. Sleekcraft for years. It’s the flagship Ninth Circuit opinion on the likelihood of consumer confusion factors, and it’s one…