New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?)

In 2016, the Texas Bar issued an opinion decisively blessing competitive keyword advertising by lawyers. (Note: I define competitive keyword advertising as buying a rival’s name/brand as the trigger for ads without displaying the name/brand in the ad copy). At…

Another Competitive Keyword Advertising Lawsuit Fails--Dr. Greenberg v. Perfect Body Image

Another Competitive Keyword Advertising Lawsuit Fails–Dr. Greenberg v. Perfect Body Image

Dr. Stephen Greenberg is a plastic surgeon on Long Island. Perfect Body Image provides “non-surgical and non-invasive aesthetic services, including, among other things, laser treatments.” Perfect Body doesn’t have any doctors on staff. In addition to Stephen, at least two…

1H 2019 Quick Links, Part 2 (Keyword Advertising)

* Grasshopper House LLC v. Clean & Sober Media LLC, 2019 WL 2762936 (C.D. Cal. July 1, 2019). Prof. Tushnet recaps the case. The passages that stood out to me: Lastly, Passages argues for a third mechanism to estimate Cliffside’s…

The Florida Bar Regulates, But Doesn’t Ban, Competitive Keyword Ads

The Florida Bar has a drama-filled history regarding the regulation of competitive keyword advertising by lawyers. This post explains the background. In 2013, the bar was poised to ban competitive keyword ads, but at the last minute it did a…

Terminated AdSense Publishers Can’t Get Their Accrued Earnings–eOnline v. Google

The plaintiffs are publishers that participated in the Google AdSense program. They outsourced much of their content development to a service called TextBroker that pays authors between 0.7 and 5 cents per word (i.e., a 1000 word article makes between…

Using Third Party Trademarks as Hashtags Creates an Implied Association--Align v. Strauss (Guest Blog Post)

Using Third Party Trademarks as Hashtags Creates an Implied Association–Align v. Strauss (Guest Blog Post)

by guest blogger Alexandra Jane Roberts When does using a competitor’s trademark as a hashtag create a false impression of association? While plenty of cases have assessed whether a company’s use of competitors’ marks in its advertisements constitutes trademark infringement,…

Rounding Up Three Recent Keyword Advertising Cases–Comphy v. Amazon & More

Three interesting recent keyword advertising cases: Comphy Co. v. Amazon.com, Inc., 2019 WL 1128519 (W.D. Wash. March 12, 2019) Comphy makes high-end linens. It chooses not to sell directly on Amazon. Nevertheless, Amazon has purchased search engine keyword ads triggered…

Court Tosses Antitrust Claims That Internet Giants Are Biased Against Conservatives–Freedom Watch v. Google

Apologies if I’m not being appropriately empathetic, but I think lawsuits alleging that Internet giants are biased against conservatives are stupid and counterproductive. They are premised on factually unsupportable assertions of bias, and most of these plaintiffs would enthusiastically cheer…

Do Adjacent Organic Search Results Constitute Trademark Infringement? Of Course Not...But...--America CAN! v. CDF

Do Adjacent Organic Search Results Constitute Trademark Infringement? Of Course Not…But…–America CAN! v. CDF

A charitable fundraising organization, America CAN!, has a registered trademark in the phrase “Write off the car, not the Kid.” The organization purports to help the education of high risk youths, and it claims that “100% of the net proceeds go…

Top Internet Law Developments of 2018

My schedule tends to get busy around each new year, so my year-end recaps keep coming later and later. I hope it’s better late than never. It’s been a rough year for Internet law. As I tweeted in June: When…