Another Failed Trademark Suit Over Competitive Keyword Advertising--JIVE v. Wine Racks America

Another Failed Trademark Suit Over Competitive Keyword Advertising–JIVE v. Wine Racks America

The parties compete in the wine rack/wine cellar business. The defendant bought the plaintiff’s trademarks for keyword ads. The plaintiff alleges this creates initial interest confusion. The 10th Circuit’s Lens.com ruling governs this case. The court says that case makes…

Negative Keywords Help Defeat Preliminary Injunction–DealDash v. ContextLogic

DealDash and Wish are e-commerce vendors. For a while, Wish offered a service called “Deal Dash” for time-limited bargains. Immediately after DealDash sued, Wish renamed its service “Bargain Blitz” and pulled the “DealDash” term from all advertising. DealDash still pressed…

The Florida Bar and Competitive Keyword Advertising: A Tragicomedy (in 3 Parts)

The Florida Bar and Competitive Keyword Advertising: A Tragicomedy (in 3 Parts)

In the late 2000s, keyword advertising was one of Internet Law’s hottest topics. Now, not so much. Relatively few lawsuits are filed; they rarely last long in court; and most trademark owners have moved on. But in the Florida Bar,…

GoDaddy & Instagram Avoid Liability for Users' Photos of Knockoff Goods--Franklin v. X Gear 101

GoDaddy & Instagram Avoid Liability for Users’ Photos of Knockoff Goods–Franklin v. X Gear 101

The plaintiff owns copyright and trademark registrations in a bear logo. He claims a defendant created a similar-looking bear logo and marketed goods using that logo:   I’ll focus on the court’s treatment of plaintiffs’ claims against GoDaddy and Instagram….

Unlinked Webpage Doesn't Support Trademark Infringement--Nelson-Ricks v. Lakeview

Unlinked Webpage Doesn’t Support Trademark Infringement–Nelson-Ricks v. Lakeview

A now-defunct cheese company owned two brands, “Banquet” and “Nelson Ricks Creamery.” The defendant bought the Banquet brand and associated website, plus it got a limited license to use the Nelson Ricks Creamery brand. The plaintiff bought the Nelson Ricks…

Q2 2018 Quick Links, Part 5 (Potpourri)

My email inbox has gotten out of control, and I had to declare partial email bankruptcy. In this post, I’m largely quoting highlights from 18 cases I had flagged for closer review or possible posting over the past 18 months…

Q2 2018 Quick Links, Part 1 (Trademarks and Other IP)

Trademark * Carter v. Oath Holdings, 17-cv-07086-BLF (N.D. Cal. June 21, 2018) Courts have held that an online provider does not “use” a mark under the meaning of the Lanham Act when its search engine returns a search result based…

Viacom Possesses Trademark Rights in 'Krusty Krab' Based on Its Central Role in the SpongeBob Universe--Viacom v. IJR (Guest Blog Post)

Viacom Possesses Trademark Rights in ‘Krusty Krab’ Based on Its Central Role in the SpongeBob Universe–Viacom v. IJR (Guest Blog Post)

by guest blogger Alexandra Jane Roberts In 2014, IJR Capital Investments applied to register THE KRUSTY KRAB as a trademark for restaurant services based on an intent to use the mark in the future. IJR’s Javier Ramos claims the name…

TWiT’s Trademark Lawsuit Against Twitter Sent Back to the Drawing Board

TWiT’s Trademark Lawsuit Against Twitter Sent Back to the Drawing Board

The popular and long-running show “This Week in Tech,” commonly called TWiT, sued Twitter. TWiT provides audio and video content branded under the TWiT trademark. It alleges that Twitter’s offering of video services and content under the TWITTER brand infringes…

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…