Differences Between Consumer Surveys for Trademark Cases and False Advertising Cases
By Eric Goldman In February, I spoke about the differences between consumer surveys in trademark cases compared with false advertising cases. My talk notes: Overall, the similarities between consumer survey in the two types of cases outweigh the differences. So…
Typosquatting Claims Against Security Researcher Are Legally Complicated – Gioconda v. Kenzie
[Post by Venkat Balasubramani] Gioconda Law Group v. Kenzie, 2012 US Dist LEXIS 187801 (S.D.N.Y. Apr. 23, 2013) Kenzie is a security researcher who has registered numerous domain names that are typographic errors of well-known trademarks (e.g., rnastercard, rncdonalds, nevvscorp,…
Competitive Keyword Advertising Lawsuit Survives Motion to Dismiss–Elcometer v. TCQ-USA
By Eric Goldman Elcometer, Inc. v. TQC-USA, Inc., 2013 WL 1433388 (E.D. Mich. April 9, 2013) There are so many competitive keyword advertising lawsuits that I can’t track them systematically, but I’ll still blog them when I see them. The…
Product Review Website Defeats Trademark Claims–Boarding School Review v. Delta Career Education
By Eric Goldman Boarding School Review, LLC v. Delta Career Education Corp., 1:11-cv-08921-DAB (SDNY March 29, 2013) This case involves Community College Review, with the tagline “find the right community college for you.” It publishes information about various community colleges…
More Confirmation That Google Has Won the AdWords Trademark Battles Worldwide (Forbes Cross-Post)
By Eric Goldman I’ve repeatedly asserted that the trademark battles over keyword advertising are near the end. As further evidence of that, recently Google ($GOOG) liberalized its international trademark policy for advertising via AdWords. Previously, Google allowed trademark owners…
Minnesota’s Proposed Anti-Trademark Bullying Statute Misses the Mark (Guest Blog Post)
By Guest Blogger Leah Chan Grinvald Last April, Minnesota became the first state in the U.S. to introduce anti-trademark bullying legislation with the proposal of H.F. 2996. The proposed “Small Business Trademark Protection Act” had a whole host of problems,…
N.Y. Yankees Block Clothing Manufacturer’s “Baseball’s Evil Empire” Trademark Registration (Catch-Up Post)
By Jake McGowan [writings][LinkedIn] New York Yankees Partnership v. Evil Enterprises, Inc., TTAB Opposition No. 91192764 (TTAB Feb. 8, 2013) With nagging injuries to several key starters, it looks like the New York Yankees are in for a long season….
Book Recommendation: “Trademark and Deceptive Advertising Surveys”
By Eric Goldman I read only a couple of books per year. As very long-form scholarship, books usually require big blocks of time to read (and I rarely have such blocks), and I typically find the payoff isn’t worth the…
It’s Legally Okay if Google Thinks Your Name and Erectile Dysfunction Drugs Have Something to Do With Each Other (Forbes Cross-Post)
By Eric Goldman Stayart v. Google Inc., 2013 WL 811793 (7th Cir. March 6, 2013). Would you be upset if people searching for your name are prompted to search for your name plus the name of an erectile dysfunction drug like…
Amazon’s Merchandising of Its Search Results Doesn’t Violate Trademark Law (Forbes Cross-Post)
By Eric Goldman Multi Time Machine, Inc. v. Amazon.com, 2013 WL 638888 (C.D. Cal. Feb. 20, 2013). The complaint. No retailer does a better job of cross-selling to its customers than Amazon.com ($AMZN). Amazon is quite effective at exposing customers to…