Griper's Keyword Ads May Constitute False Advertising (Huh?)--LoanStreet v. Troia

Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

Troia was a LoanStreet employee. He was allegedly fired for cause. Troia posted disparaging comments about LoanStreet at Glassdoor.com, Reddit.com, and Teamblind.com. He then worked to boost the posts’ visibility, including: the posts asked users to “follow [his] link and…

1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads--1-800 Contacts v. Warby Parker

1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. Warby Parker

1-800 Contacts first appeared on this blog on February 9, 2005, my second day of blogging. 17 years later, I’m still blogging their ignoble trademark lawsuits. 🤡 Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v….

Quick Links from the Past Year, Part 3 (Trademarks)

Initial Interest Confusion It’s 2022 and we’re still dealing with this shit. SMH. Can we please just outright kill the doctrine and spend our time on more meaningful problems? * “the initial interest confusion doctrine…requires a finding of likelihood of…

Is Google's Search Engine a "Common Carrier"? (Seriously???)--Ohio ex rel Yost v. Google

Is Google’s Search Engine a “Common Carrier”? (Seriously???)–Ohio ex rel Yost v. Google

This is a crazy case. Ohio AG Yost claims that Google’s search engine is a common carrier and a public utility. Nominally, his goal is to redress Google self-preferencing, but that’s a transparently pretextual excuse to censor search results and…

Court Dismisses Trademark Claims Over Internal Search Results--Las Vegas Skydiving v. Groupon

Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Groupon

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. It has never offered its services through Groupon. A search for “skydive Fyrosity” at Groupon says “No matching deals. You may also like ….” and produces search results for…

Georgia Supreme Court Blesses Google's Keyword Ad Sales--Edible IP v. Google

Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. However, they didn’t give up! The Edible team had the brilliant…

Court Denies Class Certification in Click Fraud Case–Singh v. Google

15 years ago, there was a now-mostly-forgotten battle royale over click fraud in Google AdWords (see links at the post’s bottom). Fun times. Since the resolution of that litigation, click fraud issues have largely faded into the background, flaring up…

Competitive Keyword Advertising Claim Fails--Reflex Media v. Luxy

Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy

The plaintiff runs Seeking Arrangements. The defense runs Luxy, a competitor. Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags….

Think Keyword Metatags Are Dead? They Are (Except in Court)--Reflex v. Luxy

Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Check your calendar. Yes, it’s 2021. But trademark plaintiffs and judges are still partying like it’s 1999. The plaintiff is Seeking Arrangements, one of my favorite websites to base my Internet Law exams on. The defendant is a competitor, Luxy….

Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)--Adler v. McNeil

Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. McNeil

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. The defendants run the Accident Injury Legal Center, which runs a lawyer referral service. It bids on the…