2022 Internet Law Year-in-Review

2022 Internet Law Year-in-Review

Three dynamics combined to make 2022 a brutal year for Internet Law. First, the techlash is taking its toll. There is widespread belief that the major incumbents are too big, too rich, and too capricious to avoid pervasive government control….

2H 2022 Quick Links, Part 2 (Trademarks)

Trademark * Illinois’ Fair Food and Retail Delivery Act: “A third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or…

Got a Selfie With a Celebrity? Think Twice Before Using It In Ads--50 Cent v. Kogan

Got a Selfie With a Celebrity? Think Twice Before Using It In Ads–50 Cent v. Kogan

This is yet another blog post about 50 Cent a/k/a Curtis Jackson. This time, he “happened to be in the proximity” of the defendant’s cosmetic surgery clinic. Doing what, exactly? The opinion doesn’t say. While he was fortuitously in the…

Yet More Evidence That Keyword Advertising Lawsuits Are Stupid--Porta-Fab v. Allied Modular

Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular

Porta-Fab and Allied Modular compete in the modular building space, which has an average sales price of $32k. Allied purchased “PortaFab” as a broad match for keyword ads, showing ads like this (highlighting added): As you can see, Allied’s ad…

If the Word "Emoji" is a Protectable Trademark, What Happens Next?--Emoji GmbH v. Schedule A Defendants

If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants

Emoji Co. GmbH has registered trademarks in the dictionary word “Emoji.” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety…

First Amendment Protects Videogame's Depiction of Tractor's Trade Dress--Saber v. Oovee

First Amendment Protects Videogame’s Depiction of Tractor’s Trade Dress–Saber v. Oovee

This case involves the Polish tractor manufacturer Kirovets’ K-700 tractor: Saber makes the videogame MudRunner. It exclusively licensed the right to depict the K-700 in its videogames, including the right to enforce the exclusive license in court. Oovee make the…

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…

Who Owns a Disputed Social Media Account? – JLM v. Gutman

Who Owns a Disputed Social Media Account? – JLM v. Gutman

This is a case focusing on ownership of social media accounts. The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. We blogged this case twice before. (See “Social Media Ownership Disputes Part II: Bridal…

Trademark Owner Fucks Around With Keyword Ad Case & Finds Out--Las Vegas Skydiving v. Groupon

Trademark Owner Fucks Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Groupon

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. How extensively do they discuss the risks? There’s plenty to discuss. You can get bad publicity and alienate customers (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….