1H 2017 Quick Links, Part 1 (Trademarks, Keyword Ads)
…show, the court finds that the mark is eligible for trademark protection.” Yet Viacom apparently never marketed any actual goods or services under the “Krusty Krab” mark. Viacom did market…
Amazon Doesn’t “Sell” Its Marketplace Goods–Milo & Gabby v. Amazon
…Even if marketplace operators can sidestep some IP liability by not being “sellers,” regulators might still hinge liability on the marketplace’s closing of marketplace deals. See also the McDonald v….
How a Chipmunk Emoji Cost an Israeli Texter $2,200
…reliance on the positive messages, the landlord believed the tenant would rent the apartment and took it off the market. The parties started negotiating the lease, but the tenant eventually…
Google Gets Big Ninth Circuit Win That Its Eponymous Trademark Isn’t Generic–Elliott v. Google
…of genericide if they reveal a prevailing public consensus regarding the primary significance of a registered trademark….However, if the parties offer competing examples of both generic and trademark use, this…
1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts
…on their own trademark keywords.” Is this somehow surprising? Yet it doesn’t remotely prove that someone searching for a trademark ONLY wants the trademark owner. * Trademark settlements are good…
Dozen Amicus Briefs Oppose the Worst Section 230 Ruling of 2016 (and One Supports It)–Hassell v. Bird
…Dixler and Matthew Samet at Horwitz & Levy. * Amicus Brief: Airbnb, Automattic, Craigslist, Facebook, IAC, Reddit, Snap, Pinterest, Thumbtack, Twitter and Yahoo. By Pat Carome, Mark Flanagan and Ari…
Trademark Lawsuit Claiming Organic Search Results Create Initial Interest Confusion Falls Apart–Larsen v. Larson
…doctrine (hint: I think it’s bullshit), and I couldn’t believe that a putative trademark owner (of a dubious mark, no less) in 2017 was willing to go to court claiming…
Your Periodic Reminder That Initial Interest Confusion Lawsuits Are Stupid–Epic v. YourCareUniverse
The plaintiff has a registered trademark for “CARE EVERYWHERE” for B2B healthcare software. The defendant, YourCareUniverse, also makes healthcare software. It extended its brand to include “YOURCAREEVERYWHERE” and launched a…
University Rejection of Students’ Marijuana-Themed T-Shirt Violates First Amendment–Gerlich v. Leath
…for University Trademark Use by Student and Campus Organizations,” as approved by ISU’s Trademark Licensing Office. In 2012, the TM Office approved this design by the ISU NORML student chapter…
Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v. Amazon
…result, it’s weird, or perhaps nonsensical, to say that the word “Ingrass” is third party content for Section 230 purposes. Federal Trademark Secton 230 doesn’t preempt federal trademark claims, so…