Utah Amends Trademark Protection Act (But Only After Some Drama)
…friend 1-800 Contacts, who initially had been part of the coalition to repeal the Utah Trademark Protection Act but apparently had a last-minute change of mind. I don’t fully understand…
Rescuecom v. Google Oral Arguments Finally Calendared
…the Second Circuit ducked search engine liability in its influential 1-800 Contacts v. WhenU precedent and will now have to address it squarely, (4) an affirmance might prove persuasive enough…
1-800 SKI VAIL Doesn’t Infringe–Vail Associates v. Vend-Tel-Co
…defendant operates nearly 2 dozen 800-phone lines that all begin “1-800-SKI-[destination].” At issue in this case is the phone line 1-800-SKI-VAIL. The 800 number was a redirection service that routed…
Kentucky Court Votes Keyword Ads = TM Use in Commerce–TDI v. Golf Preservations
…defendant). The court describes the precedent cited by both sides regarding the “use in commerce” question (a2z and 1-800 Contacts on the defense; GEICO, American Blinds, Buying for the Home,…
ABA IP Section Quietly Considering Anti-Consumer Proposals to Regulate Keyword Advertising
…fact. Like the fourth resolution (discussed below), this appears to be a simple attack on 1-800 Contacts ruling—which held that the use of trademarks to display ads does not, by…
1-800 Contacts Sues LensWorld for Keyword Advertising
…frenzy imminent, or is LensWorld uniquely positioned for 1-800 Contacts’ enmity? Finally, for those of you who purchase contact lenses and other eyecare items online, I trust you’ve noted 1-800…
September 2007 Quick Links Part II
By Eric Goldman Contracts * Manasher v. NECC Telecom, No. 06-cv-10749 (E.D. Mich. Sept. 18, 2007). NECC included the following language on its invoices: “NECC’s Agreement ‘Disclosure and Liabilities’ can…
September 2007 Quick Links Part I
By Eric Goldman Marketing * From the NYT: There are 200+ auto repair shops in the “Iron Triangle” area in New York, and apparently they compete fiercely with each other,…
August 2007 Quick Links, Part I
By Eric Goldman Search Engines * Google extended its ad serving technology to consider a user’s past search phrases in addition to their current search term. * Greg Linden: “Google…
American Blinds-Google Lawsuit Settles
By Eric Goldman Google Inc. v. American Blinds & Wallpaper Factory Inc., 5:03-cv-05340-JF (N.D. Cal. settled August 31, 2007) After almost four years of litigation, the American Blinds lawsuit ended…