“Electronically Printed” Does not Include Automated Merchant Email — Shlahtichman v. 1-800 Contacts
…at how courts deal with changing technologies and commercial practices, when construing legislation. Background: Shlahtichman purchased contact lenses over the internet at 1-800 Contacts. 1-800 Contacts emailed him a confirmation…
How Much Does 1-800 Contacts Hate Competitive Keyword Advertising? $1.1M Worth!?
…19, 2010) 1-800 Contacts has been a repeated guest star on this blog, principally for their duplicitous attitudes towards keyword advertising. 1-800 Contacts has used competitive keyword advertising in the…
March 2010 Quick Links
…2010). It was not objectively baseless for 1-800 Contacts to bring a trademark enforcement action over competitive keyword advertising. * Rhea Drysdale tells how she busted the trademark application for…
Pharma Company Avoids Injunction By Dropping Competitive Keyword Ads–King v. ZymoGenetics
…the economic value at issue. (Related examples are 1-800 JR Cigar, which involved $345 of revenue, and Storus, which involved 1,374 clicks over an 11 month period). It’s a good…
Keyword Advertising Lawsuit Survives Motion to Dismiss on Genericness Grounds–FragranceNet v. Les Parfums
…buying its trademarks as advertising keywords. Interpreting the 1-800 Contacts precedent before that was gutted by the Second Circuit’s 2009 Rescuecom decision, the district court judge decisively concluded that buying…
Ninth Lawsuit Against Google Over AdWords–Rosetta Stone v. Google
…firm is Gibson Dunn, which includes Terence Ross on the team. Terence lost some of the early WhenU keyword ad cases including the once-seminal 1-800 Contacts v. WhenU ruling. He…
Graeme Dinwoodie on Rescuecom v. Google
…to go back and rethink 1-800 Contacts. I agree though they have effectively undermined 1-800-Contacts. The bad news is that the messy way in which they have done it —…
Margreth Barrett on Rescuecom v. Google
…for example, 1-800 Contacts and 1800contacts.com (or whatever it was). I know that the 1-800 contacts court noted that the web address was not the mark, but I can’t see…
Second Circuit Says Google’s Keyword Ad Sales May Be Use in Commerce–Rescuecom v. Google
…in commerce” defense in keyword advertising cases and whether Google and other search engines could reform their practices so that they are no longer deemed uses in commerce. 1-800 Contacts…
Utah HB 450 Dies in Utah Senate Without a Vote
…(filed 01/08/2008, closed 09/09/2008) * 1-800 Contacts v. Drugstore.com, 2:2008cv00157 (filed 02/26/2008, closed 08/12/2008) * 1-800 Contacts v. Lens.com Inc., 2:2007cv00591 (filed 08/13/2007) * 1-800 Contacts v. Premier Holdings, 2:2007cv00946…