Lawsuit Over Cancer-Curing Honey Ads Still Sucks--Abid v. Google

Lawsuit Over Cancer-Curing Honey Ads Still Sucks–Abid v. Google

Abid markets cancer-curing honey. He bought AdWords to promote his MightyHoney website. Google rejected the ads. He sued Google pro se for a variety of claims. The court previously granted Google’s motion to dismiss with leave to amend. My prior…

The Ninth Circuit STILL Thinks Keyword Metatags Matter in 2018--Adidas v. Skechers

The Ninth Circuit STILL Thinks Keyword Metatags Matter in 2018–Adidas v. Skechers

Yesterday, the Ninth Circuit ruled about trademarked stripes on tennis shoes. To me, legally weaponizing dots in three lines on a shoe predictably leads to wasteful and possibly anti-consumer litigation. However, instead of critiquing the opinion generally, I’ll isolate just…

Another Court Says Competitive Keyword Advertising Doesn't Cause Confusion

Another Court Says Competitive Keyword Advertising Doesn’t Cause Confusion

This is a lawsuit between two Alzheimer’s-related non-profit organizations, the Alzheimer’s Association (the more established and better-funded group) and the Alzheimer’s Foundation (the relative upstart). I blogged a prior 2015 ruling. The potential for brand collisions in consumers’ minds seems…

Competitive Keyword Advertising Doesn't Show Bad Intent--ONEpul v. BagSpot

Competitive Keyword Advertising Doesn’t Show Bad Intent–ONEpul v. BagSpot

This case involves dispensers of plastic bags for picking up dogshit. The plaintiff has a registered trademark in the brand “ONEpul.” The defendant describes its bags as “one-pull” (and yet, the term “descriptive fair use” doesn’t appear in the opinion…

Google Successfully Amends Adwords Contract to Add Arbitration–AdTrader v. Google

Some advertisers sued Google over promised refunds for alleged click fraud. Google’s 2013 Adwords contract said: Google may add to, delete from or modify these Terms at any time without liability. The modified Terms will be posted at www.google.com/ads/terms. Customer…

Google Can Reject Ads Promoting Honey That Claims to Cure Cancer--Abid v. Google

Google Can Reject Ads Promoting Honey That Claims to Cure Cancer–Abid v. Google

Plaintiff Abid claims he has developed “a systems biology empirical approach based on prophetic medicine.” He created a website, Mighty Honey, that provides information about “prophetic medicine”/”Arabic herbal medicine” which appears to be supplement-infused honey (the screenshot to the right…

2H 2017 & Q1 2018 Quick Links, Part 5: Marketing, Advertising, Retailing

Marketing/Advertising * Washington Post: See the cool kids lined up outside that new restaurant? This app pays them to stand there. * AdWeek: Burger King Dug Up a Bunch of Tweets From People Complaining About Wendy’s and Turned Them Into…

2H 2017 & Q1 2018 Quick Links, Part 4: Censorship, Content Moderation

Censorship Spotlight on China * NY Times: China’s Internet Censors Play a Tougher Game of Cat and Mouse * Reuters: China’s Weibo looks to reward citizen censors with iPhones, tablets * NY Times: 68 Things You Cannot Say on China’s…

2H 2017 & Q1 2018 Quick Links, Part 1: Copyright, Trademarks, Keyword Ads

[As you can tell, my ability to prepare these Quick Links posts has degraded substantially…better late than never?] Copyright * The Executive Corp. v. Oisoon, LLC, 2017 WL 4310113 (M.D. Tenn. Sept. 28, 2017). A default judgment: “A section 1202(b)(1)…

Top Internet Law Developments of 2017 (Very Late)

Top Internet Law Developments of 2017 (Very Late)

[It’s a sign of my busy 2018 that I’m only now posting my annual Internet Law year-in-review recap. Better late than never?] 2017 was a generally OK year for me personally. My wife’s health has been stable, I was able…