11th Circuit Freaks Out About Metatags–North American Medical v. Axiom
…and thus the trademark references have no chance of being perceived. Along the way, the 11th Circuit distinguishes (and denigrates) the Second Circuit’s 1-800 Contacts v. WhenU case on two…
Utah Amends Trademark Protection Act (But Only After Some Drama)
…friend 1-800 Contacts, who initially had been part of the coalition to repeal the Utah Trademark Protection Act but apparently had a last-minute change of mind. I don’t fully understand…
Rescuecom v. Google Oral Arguments Finally Calendared
…the Second Circuit ducked search engine liability in its influential 1-800 Contacts v. WhenU precedent and will now have to address it squarely, (4) an affirmance might prove persuasive enough…
Kentucky Court Votes Keyword Ads = TM Use in Commerce–TDI v. Golf Preservations
…defendant). The court describes the precedent cited by both sides regarding the “use in commerce” question (a2z and 1-800 Contacts on the defense; GEICO, American Blinds, Buying for the Home,…
ABA IP Section Quietly Considering Anti-Consumer Proposals to Regulate Keyword Advertising
…fact. Like the fourth resolution (discussed below), this appears to be a simple attack on 1-800 Contacts ruling—which held that the use of trademarks to display ads does not, by…
1-800 Contacts Sues LensWorld for Keyword Advertising
…frenzy imminent, or is LensWorld uniquely positioned for 1-800 Contacts’ enmity? Finally, for those of you who purchase contact lenses and other eyecare items online, I trust you’ve noted 1-800…
American Airlines Sues Google Over Keyword Ads
…issue for his clients Wells Fargo and 1-800 Contacts. Lawsuits against Google certainly haven’t gotten easier since the 2d Circuit 1-800 Contacts ruling, but maybe Ross has figured out how…
2007 Cyberspace Law Syllabus
…1-800 Contacts v. WhenU case. The 1-800 Contacts case remains a very important keyword law precedent, but as a teaching case it was just so-so. The adware subject matter increased…
Utah Legislators Realizing They Screwed Up By Banning Keyword Advertising
By Eric Goldman Linda Fantin at the Salt Lake Tribune reports on the meeting between Utah legislators and various technology companies (Google, eBay, Microsoft, AOL, Yahoo, 1-800 Contacts and Overstock.com)…
Academic Debate over Trademark Use in Commerce
…has been dispositive in several noteworthy defense wins, including the 1-800 Contacts v. WhenU and Rescuecom v. Google cases. Yet, some experts, such as Prof. McCarthy, believe that the prima…