Another Google AdWords Advertiser Defeats Trademark Infringement Lawsuit–CollegeSource v. AcademyOne (Forbes Cross-Post)
…and I believe it’s no longer good law. * defendant won summary judgment: J.G. Wentworth v. Settlement Funding (2007); Designer Skin v. S&L Vitamins (2008); 1-800 Contacts v. Lens.com (2010);…
Q3 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets)
…1-800 Contacts (Fed. Cir. Aug. 3, 2012): “LENS mark is used only in connection with the sale and transportation of contact lenses via the Internet. Although the ordering service is…
Newly Released Consumer Survey Indicates that Legal Concerns About Competitive Keyword Advertising Are Overblown (Forbes Cross-Post)
…just revenue) from the litigated terms. In 1-800 Contacts v. Lens.com, Lens.com made $20 of profit from competitive keyword ads. 1-800 Contacts unsuccessfully tried to hold Lens.com responsible for affiliate…
Google Sued Again for AdWords Trademark Infringement–Home Decor Center v. Google
…ridiculous trademark lawsuits, 1-800 Contacts). Are more lawsuits like this in the works for Google? Almost certainly. Will lawsuits like this pose a problem for Google? No. I think both…
H1 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets, IP)
…JC Penney for buying keyword ads triggered by brand name of goods it didn’t sell. * Update on the Lens.com v. 1-800 Contacts antitrust lawsuit. Prior blog post. * Spanish…
CYBERsitter Sues Google for AdWords Trademark Infringement
…for ad buys by its affiliates. See 1-800 Contacts v. Lens.com. Either way, I suspect CYBERsitter and ContentWatch can work out their differences. As I’ve documented many, many times, the…
Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com
…harsh words for 1-800 Contacts, including calling 1-800 Contacts’ behavior “troubling” and specifically referencing its hypocrisy for suing over behavior it had itself engaged in. The court also says “1-800…
Keyword Advertiser Mostly Defeats Trademark Lawsuit–Scooter Store v. SpinLife
…clicks. – 1-800 Contacts v. Lens.com. 1-800 Contacts spent no less than $650k (and was willing to spend $1.1M) to pursue Lens.com, which made $20 of profit from competitive keyword…
Nov.-Dec. 2011 Quick Links, Part 2 (Extended IP Edition)
…The court denies 1-800 Contacts’ motion for post-judgment relief based on newly discovered evidence. This case could be a textbook case of trademark bullying–remember, 1-800 Contacts has spent well over…
June 2011 Quick Links, Part 1 (Copyright & Trademark Edition)
…predicated on 1-800 Contacts’ overzealous TM enforcement efforts (what some might call trademark bullying). Wendy Davis’ writeup. Prior blog posts on the 1-800 Contacts v. Lens.com litigation (1, 2). *…