Do Quotation Marks Matter? Yes (in the Ninth Circuit)–Picture It Sold v. iSOLD It
…analogized to keyword metatags a la Brookfield, or it might not (cite to Berzon’s concurrence in Playboy v. Netscape). This panel doesn’t tip its hand, simply saying “it would []…
Trademark Travesty of the Month–SMJ Group v. 417 Lafayette Restaurant
…misguided definition of “use in commerce,” many online gripers tautologically commit initial interest confusion when they use domain names or keyword metatags with the plaintiff’s trademark. In that respect, this…
June 2006 Quick Links
…that it doesn’t seem to understand the differences between metatags and keyword triggers. Also, note the irony that Yahoo is buying ads from competitor Google. * The WSJ writes about…
Competitor’s Keyword Ad Purchase May Be Trademark Infringement–Edina Realty v. TheMLSonline
…the Edina Realty mark to generate its sponsored link advertisement. See Brookfield Communs., Inc. v. W. Coast Entm’t Corp., 174 F.3d 1036, 1064 (9th Cir.1999) (finding Internet metatags to be…
Top Cyberspace IP Cases of 2005
…Website Parody” or similar language. The source code of his counterfeit pages also contained metatags, including the trademarked term “Faegre & Benson” and some meta-descriptions taken from Faegre’s webpage. Faegre…
10th Circuit Recognizes Initial Interest Confusion Doctrine–Australian Gold v. Hatfield
…experienced) initial interest confusion, we would need lots of facts—did search engines even index the metatags? What content did searchers see in search results triggered by metatags that were actually…
Metatags as Per Se Trademark Infringement–Tdata v. Aircraft Technical Publishers
…“ATP,” “ATP Navigator,” and “ATP Maintenance Director” into the metatags and title tags. ATP sues. Most of us would say “big deal,” especially after the recent 6th Circuit Gibson Guitar…
New Metatag/SEO Lawsuit–Salu, Inc. v. Pitts
…owned by none of the litigants). Trademark Infringement The complaint starts out with a run-of-the-mill trademark infringement claim because the trademark “skinstore.com” appeared in newskinspa.com’s metatags. From my perspective, this…
WhenU Opposition to 1-800 Contact’s Certiorari Petition
…the decision below is at odds with cases involving metatags, cybersquatting and keyword advertising. But the Second Circuit addressed each of those situations in its opinion, explained why they differ…
Fall 2005 Cyberlaw Syllabus
…metatags, how the parties can lose sight of the big picture and how judges cut corners, but hardly a traditional trademark infringement analysis * Lockheed v. NSI–best teaching case for…