Q3 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets)
…1-800 Contacts (Fed. Cir. Aug. 3, 2012): “LENS mark is used only in connection with the sale and transportation of contact lenses via the Internet. Although the ordering service is…
Newly Released Consumer Survey Indicates that Legal Concerns About Competitive Keyword Advertising Are Overblown (Forbes Cross-Post)
…just revenue) from the litigated terms. In 1-800 Contacts v. Lens.com, Lens.com made $20 of profit from competitive keyword ads. 1-800 Contacts unsuccessfully tried to hold Lens.com responsible for affiliate…
Google Sued Again for AdWords Trademark Infringement–Home Decor Center v. Google
…ridiculous trademark lawsuits, 1-800 Contacts). Are more lawsuits like this in the works for Google? Almost certainly. Will lawsuits like this pose a problem for Google? No. I think both…
H1 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets, IP)
…JC Penney for buying keyword ads triggered by brand name of goods it didn’t sell. * Update on the Lens.com v. 1-800 Contacts antitrust lawsuit. Prior blog post. * Spanish…
CYBERsitter Sues Google for AdWords Trademark Infringement
…for ad buys by its affiliates. See 1-800 Contacts v. Lens.com. Either way, I suspect CYBERsitter and ContentWatch can work out their differences. As I’ve documented many, many times, the…
Trademark Lawsuit Over Website Text Comparing Products Baffles the Judge–AR Pillow v. Cottrell
By Eric Goldman AR Pillow Inc. v. Cottrell, 2012 WL 868109 (W.D.Wash. March 13, 2012). The complaint. Every time I read an opinion like this, a little piece of me…
Another Data Loss Case Tossed on Article III Grounds–Whitaker v. Health Net
[Post by Venkat Balasubramani] Whitaker v. Health Net of California, Inc., Civ S-11-0910 KHM-DAD (E.D. Cal.; Jan. 19, 2012) This is another data breach class action. Plaintiffs tried to squeeze…
Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com
…harsh words for 1-800 Contacts, including calling 1-800 Contacts’ behavior “troubling” and specifically referencing its hypocrisy for suing over behavior it had itself engaged in. The court also says “1-800…
Keyword Advertiser Mostly Defeats Trademark Lawsuit–Scooter Store v. SpinLife
…clicks. – 1-800 Contacts v. Lens.com. 1-800 Contacts spent no less than $650k (and was willing to spend $1.1M) to pursue Lens.com, which made $20 of profit from competitive keyword…
Nov.-Dec. 2011 Quick Links, Part 2 (Extended IP Edition)
…The court denies 1-800 Contacts’ motion for post-judgment relief based on newly discovered evidence. This case could be a textbook case of trademark bullying–remember, 1-800 Contacts has spent well over…