McKenna on Trademark Use in Commerce
By Eric Goldman As you know, a big issue in online trademark law is the meaning and import of a “trademark use in commerce” requirement. To win its case, a trademark plaintiff must show that the defendant made a use…
Jan. 2008 Quick Links (IP Edition)
By Eric Goldman Trademarks and Domain Names * Adidas America, Inc. v. Payless Shoesource, Inc., 2007 WL 4482201 (D. Oregon Dec. 21, 2007). This case (1) discusses whether advice of counsel is a defense against willfulness in the trademark context,…
1-800 SKI VAIL Doesn’t Infringe–Vail Associates v. Vend-Tel-Co
By Eric Goldman Vail Associates, Inc. v. Vend-Tel-Co., Ltd., 2008 WL 342272 (10th Cir. Feb. 7, 2008) This case nicely illustrates that a vanity 800 number containing a third party trademark doesn’t create a likelihood of consumer confusion. To the…
Kentucky Court Votes Keyword Ads = TM Use in Commerce–TDI v. Golf Preservations
By Eric Goldman T.D.I. International, Inc. v. Golf Preservations, Inc., 2008 WL 294531 (E.D. Ky. Jan. 31, 2008) In a thinly reasoned opinion with meager facts, a Kentucky federal court meekly voted that keyword advertising is a trademark use in…
ABA IP Section Quietly Considering Anti-Consumer Proposals to Regulate Keyword Advertising
By Corynne McSherry and Eric Goldman [Eric’s note: this is a bit of an unusual post for this blog, as it is being simultaneously posted both here and on the EFF Deep Links site] The tussle over keyword advertising has…
Who Owns “CyberLaw”(TM)? Eric Menhart, a DC IP Attorney, Thinks He Does
By Eric Goldman Every now and then, we see comical efforts to claim trademark rights in common Internet-related terms. You might recall that the word “Internet” itself was once a trademark (see a list of registrants dated 1994); the term…
1-800 Contacts Sues LensWorld for Keyword Advertising
By Eric Goldman 1-800 Contacts, Inc. v. LensWorld.com, Inc., 2:08-cv-00015-SA (D. Utah complaint filed Jan. 8, 2008) My my, look who’s decided to go back into court! It’s none other than 1-800 Contacts, the online retailer with a lousy trademark…
“SmartSearch” = Dumb Trademark — Applied Information Sciences v. eBay
By Eric Goldman Applied Information Sciences Corp. v. eBay, Inc., 2007 WL 4553999 (9th Cir. Dec. 28, 2007) This is not an earth-shattering case, but it’s a nice example of a worthless trademark enforcement action and a refreshing example of…
December 2007 Quick Links
By Eric Goldman Marketing * I’ve blogged about Various, which operates AdultFriendFinder.com, before. They made the news recently in two ways. First, they sold to Penthouse for half-a-billion dollars. Second, they settled with the FTC for “pelting” users with unwanted…
Keyword Advertising is TM Use in Commerce But Doesn’t Violate Injunction–Boston Duck Tours v. Super Duck Tours
By Eric Goldman Boston Duck Tours, LP v. Super Duck Tours, LLC, 2007 WL 4465464 (D. Mass. Dec. 5, 2007) In the latest advertiser-vs.-advertiser lawsuit over keyword advertising, a court from the First Circuit (in Massachusetts) deemed keyword advertising to…