Q2 2016 Quick Links, Part 1 (Intellectual Property)
…the low likelihood of confusion resulting from merely employing trademarked phrases in a non-customer facing environment, such behavior does not constitute trademark infringement. See, e.g., 1-800 Contacts, Inc. v. Lens.com,…
Second Circuit Muddies The Trademark Nominative Use Doctrine–ISC2 v. Security University
The nominative use doctrine allows third party references to trademark owners using the trademarks they chose as their preferred descriptors. Without a robust and well-functioning nominative use doctrine, trademark owners…
Backpage Gets Bummer Section 230 Ruling in Washington Supreme Court–J.S. v. Village Voice
Photo credit: enameled house number two hundred and thirty // ShutterStock I have conflicting feelings about the legal efforts to eliminate online prostitution advertising. I’m aware of the critical role…
Keyword Ad Lawsuit Isn’t Covered By California’s Anti-SLAPP Law
The plaintiff, Los Angeles Yellow Cab, and defendants compete in the taxi industry. The defendants bought keyword ads at the search engines, such as the following triggered by the search…
Another Competitive Keyword Advertising Lawsuit Fails–Infogroup v. DatabaseLLC
The plaintiffs run several well-known databases, such as infoUSA and Salesgenie. The defendants are former employees of plaintiffs who split off and launched a competitive rival. The plaintiffs are upset…
Q4 2014 & Q1 2015 Quick Links Part 1 (Privacy/Security)
Photo credit: 3D Quick Link Crossword // ShutterStock Sony * Fusion: The Sony Pictures Hack Included Many Employees’ Detailed Medical Information * WaPo: The cyberattack on Sony Pictures made employees…
The Righthaven Debacle, 5 Years Later
“Your content is protected by copyright laws and a complete lack of interest.” // ShutterStock You probably recall Righthaven, the now-defunct copyright enforcement entity (some might call it a copyright…
Damages from Competitive Keyword Advertising Are “Vanishingly Small”
…1,000 impressions and 61 clicks. 800-JR Cigar v. GoTo.com: the search engine defendant generated $345 in revenue (not profit, just revenue) from the litigated terms. 1-800 Contacts v. Lens.com: Lens.com…
More Defendants Win Keyword Advertising Lawsuits
Photo credit: Keyword Advertising 3d render concept with blue and white arrows flying over a white background // ShutterStock I’m reporting results in keyword advertising lawsuits as I see them….
Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. OxBlue
…the doctrine actually helped a plaintiff win a case; and to the extent other courts follow the 1-800 Contacts v. Lens.com ruling, we may never see another successful initial interest…