Q2 2018 Quick Links, Part 1 (Trademarks and Other IP)
Trademark * Carter v. Oath Holdings, 17-cv-07086-BLF (N.D. Cal. June 21, 2018) Courts have held that an online provider does not “use” a mark under the meaning of the Lanham…
Viacom Possesses Trademark Rights in ‘Krusty Krab’ Based on Its Central Role in the SpongeBob Universe–Viacom v. IJR (Guest Blog Post)
…are aware of it is insufficient to establish trademark rights in KRUSTY KRAB—trademark rights require use as a mark in connection with goods or services that move in interstate commerce,…
TWiT’s Trademark Lawsuit Against Twitter Sent Back to the Drawing Board
…of video services and content under the TWITTER brand infringes on TWiT’s trademark rights. Twitter argued that its mark had become incontestable so it could not infringe, but the court…
The Ninth Circuit STILL Thinks Keyword Metatags Matter in 2018–Adidas v. Skechers
…Smith” to the page for the Onix shoe. “Using another’s trademark in one’s metatags is much like posting a sign with another’s trademark in front of one’s store.” Brookfield Commc’ns,…
Another Court Says Competitive Keyword Advertising Doesn’t Cause Confusion
…the trademark to the purchased keyword. “With respect to the Association’s claim regarding AFA’s purchase of Association Marks as keywords and metatags, the proper comparison is between the resulting ads…
Competitive Keyword Advertising Doesn’t Show Bad Intent–ONEpul v. BagSpot
…the term “descriptive fair use” doesn’t appear in the opinion once…). It also buys Adwords on another trademark of the plaintiff, “zerowaste,” but the appellate court doesn’t discuss a trademark…
2H 2017 & Q1 2018 Quick Links, Part 5: Marketing, Advertising, Retailing
…social media influencer marketing. In five of these cases, the FTC entered into consent orders with the companies, with one case targeting the company’s marketing agency. Each case resolution required…
2H 2017 & Q1 2018 Quick Links, Part 1: Copyright, Trademarks, Keyword Ads
…Switzer stated in his affidavit, that four photographs on the Oisoon site were identical to TEC’s product photographs, except that the identifying watermark text “The Executive Advertising” had been removed….
Maternity Clothing Trademark Dispute Has Dubious Support–Blanqi v. Bao Bei (Guest Blog Post)
…pending application to register SPORTSUPPORT as a trademark for lingerie and other apparel based on its intent to use the mark in the future (“ITU”). That ITU application was published…
Congress Probably Will Ruin Section 230 This Week (SESTA/FOSTA Updates)
…down prices out of the market entirely for fear of the new legal risk posed by publishing third-party content. * “Wagner Trafficking Bill Headed To House Floor” includes a statement…