Pharma Company Avoids Injunction By Dropping Competitive Keyword Ads–King v. ZymoGenetics
…the economic value at issue. (Related examples are 1-800 JR Cigar, which involved $345 of revenue, and Storus, which involved 1,374 clicks over an 11 month period). It’s a good…
Keyword Advertising Lawsuit Survives Motion to Dismiss on Genericness Grounds–FragranceNet v. Les Parfums
…buying its trademarks as advertising keywords. Interpreting the 1-800 Contacts precedent before that was gutted by the Second Circuit’s 2009 Rescuecom decision, the district court judge decisively concluded that buying…
Ninth Lawsuit Against Google Over AdWords–Rosetta Stone v. Google
…firm is Gibson Dunn, which includes Terence Ross on the team. Terence lost some of the early WhenU keyword ad cases including the once-seminal 1-800 Contacts v. WhenU ruling. He…
Graeme Dinwoodie on Rescuecom v. Google
…to go back and rethink 1-800 Contacts. I agree though they have effectively undermined 1-800-Contacts. The bad news is that the messy way in which they have done it —…
Margreth Barrett on Rescuecom v. Google
…for example, 1-800 Contacts and 1800contacts.com (or whatever it was). I know that the 1-800 contacts court noted that the web address was not the mark, but I can’t see…
Second Circuit Says Google’s Keyword Ad Sales May Be Use in Commerce–Rescuecom v. Google
…in commerce” defense in keyword advertising cases and whether Google and other search engines could reform their practices so that they are no longer deemed uses in commerce. 1-800 Contacts…
Utah HB 450 Dies in Utah Senate Without a Vote
…(filed 01/08/2008, closed 09/09/2008) * 1-800 Contacts v. Drugstore.com, 2:2008cv00157 (filed 02/26/2008, closed 08/12/2008) * 1-800 Contacts v. Lens.com Inc., 2:2007cv00591 (filed 08/13/2007) * 1-800 Contacts v. Premier Holdings, 2:2007cv00946…
Utah House Barely Passes HB 450 (Maybe)–UPDATED
…1-800 Contacts; Kate Kaye catches us up on some of 1-800 Contacts’ maneuverings. It’s not clear if the Senate will approve the law; or if it will even act on…
Utah Trying to Regulate Keyword Advertising….Again!? Utah HB 450
…1-800 Contacts is the prime mover behind this statute, and 1-800 Contacts has testified in support of the law. 1-800 Contacts has an hard-to-explain love/hate relationship with keyword advertising. 1-800…
December 2008 Quick Links, Part 1
…and then promptly dissolving a non-profit organization without ever using it? Makes no sense to me. * 1-800 Contracts, Inc. v. Lens.com, Inc., 2008 WL 5191705 (D. Utah Dec. 10,…