The Ninth Circuit STILL Thinks Keyword Metatags Matter in 2018–Adidas v. Skechers
…Smith” to the page for the Onix shoe. “Using another’s trademark in one’s metatags is much like posting a sign with another’s trademark in front of one’s store.” Brookfield Commc’ns,…
Another Court Says Competitive Keyword Advertising Doesn’t Cause Confusion
…the trademark to the purchased keyword. “With respect to the Association’s claim regarding AFA’s purchase of Association Marks as keywords and metatags, the proper comparison is between the resulting ads…
Competitive Keyword Advertising Doesn’t Show Bad Intent–ONEpul v. BagSpot
…the term “descriptive fair use” doesn’t appear in the opinion once…). It also buys Adwords on another trademark of the plaintiff, “zerowaste,” but the appellate court doesn’t discuss a trademark…
2H 2017 & Q1 2018 Quick Links, Part 5: Marketing, Advertising, Retailing
…social media influencer marketing. In five of these cases, the FTC entered into consent orders with the companies, with one case targeting the company’s marketing agency. Each case resolution required…
2H 2017 & Q1 2018 Quick Links, Part 1: Copyright, Trademarks, Keyword Ads
…Switzer stated in his affidavit, that four photographs on the Oisoon site were identical to TEC’s product photographs, except that the identifying watermark text “The Executive Advertising” had been removed….
Maternity Clothing Trademark Dispute Has Dubious Support–Blanqi v. Bao Bei (Guest Blog Post)
…pending application to register SPORTSUPPORT as a trademark for lingerie and other apparel based on its intent to use the mark in the future (“ITU”). That ITU application was published…
Congress Probably Will Ruin Section 230 This Week (SESTA/FOSTA Updates)
…down prices out of the market entirely for fear of the new legal risk posed by publishing third-party content. * “Wagner Trafficking Bill Headed To House Floor” includes a statement…
Roundup of Materials from HTLI’s Content Moderation & Removal Conference
…Content-Moderation Effort Irina Raicu of the Markkula Center for Applied Ethics: Notes from a Content Moderation Conference Emily Bell of The Guardian: How can we regulate our savage market for…
Twitter Defamation Claim Defeated by a Question Mark–Boulger v. Woods
…by making what would otherwise be a declarative statement and placing a question mark at the end. Delete the question mark, and the reader is left with an ambiguous statement…
Some Upcoming Internet Law and Privacy Events at Santa Clara Law
…don’t have an official announcement yet. However, for now, mark these dates for events with the UN Special Rapporteur for Privacy in his first (?) open-to-the-public event in the Silicon…