Merck v. Mediplan Redux–Keyword Purchases Really Aren’t Trademark Use
By Eric Goldman Merck & Co. v. Mediplan Health Consulting, Inc., 2006 WL 1418616 (SDNY motion for reconsideration denied May 24, 2006) In late March, the legality of the search engine keyword advertising industry got very murky due to two…
Edina Realty v. TheMLSOnline Settles
By Eric Goldman The Edina Realty v. TheMLSOnline case, which held (among other things) that purchasing a trademarked keyword was a trademark use in commerce, has reportedly settled, according to the Associated Press. That leaves in place the conflict between…
Cynical Consumers and Brand Antipathy
By Eric Goldman Interesting article in the NYT about negative consumer attitudes towards brands. The article says that “cynical consumers [desire] not simply to avoid companies and brands they dislike but also to punish them.” Thus, consumers may use their…
Quick Links May 2006
By Eric Goldman My blogging queue has gotten too thick. Here’s some items that caught my attention that I’ve been meaning to blog and simply haven’t gotten to. * I previously blogged about Chris Wilson, the website operator who allowed…
Yahoo “Syndication Fraud” Lawsuits–Crafts by Veronica v. Yahoo and Draucker Development v. Yahoo
By Eric Goldman Crafts by Veronica v. Yahoo, Inc., No. 2:06-cv-01985-JCL-MF (D. N.J. complaint filed May 1, 2006) Draucker Development v. Yahoo, Inc., No. CV06-2737 (C.D. Cal. complaint filed May 4, 2006) Two companion lawsuits against Yahoo for what the…
Calboli on Geographic Indications of Origin and TRIPs
By Eric Goldman My colleague Irene Calboli has posted “Expanding the Protection of Geographical Indications of Origin under TRIPS: Old Debate or New Opportunity?” to SSRN. This article does a good job recapping the different policy perspectives about GIs. The…
Keyword Purchases Not a Trademark Use–Merck v. Mediplan Health Consulting
By Eric Goldman Merck & Co. v. Mediplan Health Consulting, 2006 WL 800756 (SDNY Mar. 30, 2006) About a week after Edina Realty v. TheMLSonline allowed a keyword purchase of a competitor’s trademark to go to trial, we got another…
Competitor’s Keyword Ad Purchase May Be Trademark Infringement–Edina Realty v. TheMLSonline
By Eric Goldman Edina Realty, Inc. v. TheMLSonline.com, 2006 WL 737064 (D. Minn. Mar. 20, 2006) There have been many lawsuits involving keyword advertising, but in most of the reported decisions, the search engines were the defendants. There have been…
Trademark Dilution Revision Act Update
By Eric Goldman It’s been a while since I’ve blogged on the Trademark Dilution Revision Act, HR 683 (now the Trademark Dilution Revision Act of 2006). The bill keeps chugging along. In February, it passed the Senate Judiciary Committee unanimously…
Barrett on Internet Trademark Use
By Eric Goldman Margreth Barrett, a law professor at UC Hastings, has published Internet Trademark Suits and the Demise of “Trademark Use,” 39 U.C. Davis L. Rev. 371 (2006). The article makes a persuasive argument that the trademark use doctrine…