Another Google AdWords Advertiser Avoids Trademark Liability–Whipple v. Brigman
…defendant runs a tour service called “C-Charlotte Tours.” The defendant bought AdWords on, and used the metatags, “queen city,” “tours of charlotte nc,” “Charlotte NC tour,” “tour of charlotte,” “Charlotte…
Another Bad Ruling for PissedConsumer on Trademark and 47 USC 230 Claims–Amerigas v. Opinion Corp.
…in its metatags and showing keyword-triggered ads. In its motion to dismiss, PissedConsumer took a number of whacks at the trademark claims: Trademark use. The court says Amerigas properly alleged…
More Evidence That the Initial Interest Confusion Doctrine is Dying–Dwyer v. Sensocon
…the mark, even if the customer realizes the true source of the goods before the sale is consummated). The Promatek court explained that using another’s trademark in metatags was much…
Trademark Lawsuit Over Website Text Comparing Products Baffles the Judge–AR Pillow v. Cottrell
…post/video, the judge rejects the plaintiff’s claims over keyword metatags because Google ignores them. But then the judge launches these groaners: “there is no evidence in the record that use…
Attempted Trademark Workaround to 47 USC 230 Immunity Fails Badly—Ascentive v. PissedConsumer [Catch-Up Post]
…confusion here either: after a brief inspection of the content of PissedConsumer’s website, the user would realize that they were visiting a third-party gripe site for “pissed” consumers. * metatags….
Keyword Advertiser Mostly Defeats Trademark Lawsuit–Scooter Store v. SpinLife
…well as the inclusion of such terms in the spinlife.com’s metatags. The plaintiff (let’s call them TSS) has registered trademarks in “The Scooter Store” in certain classes but not for…
Nov.-Dec. 2011 Quick Links, Part 2 (Extended IP Edition)
…domain www.perma-life.co.kr and using it to promote their competing Pearl Life cookware; b. Applying the metatags “perma life” and “permalife” to the website at www.perma-life.co.kr through which they sold their…
Keyword Metatags are Back…Will Judicial Freakouts Continue?
By Eric Goldman Keyword metatags are back, and I couldn’t be less thrilled. Few Internet technologies have so thoroughly baffled judges as keyword metatags. From a technologists’ perspective, keyword metatags…
Facebook’s Trademark Suit Against Teachbook Survives Motion to Dismiss
…a decade ago. In the Eli Lilly case, the court inferred the defendant’s bad faith from the defendant’s inclusion of the plaintiff’s trademark in the metatags. This is one of…
Web Vendor Dispute Gets Ugly–Ground Zero Museum v. Wilson
…in economic damages in one year.” The only allegation of harm is that Wilson “stripped the metatags” (whatever that means) when he reverted the website back to the prior version,…