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…
Jan. 2008 Quick Links (IP Edition)
…by the RIAA dragnet can’t recover his attorneys’ fees. This turns on the fact that he didn’t respond to the pre-litigation contacts to turn over his adult daughter who did…
1-800 SKI VAIL Doesn’t Infringe–Vail Associates v. Vend-Tel-Co
…defendant operates nearly 2 dozen 800-phone lines that all begin “1-800-SKI-[destination].” At issue in this case is the phone line 1-800-SKI-VAIL. The 800 number was a redirection service that routed…
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
…help but note that there appear to be many other possible defendants who are buying 1800*]}*contacts as a keyword (see the screenshot in para. 22/page 6)…is a 1-800 Contacts litigation…
September 2007 Quick Links Part II
By Eric Goldman Contracts * Manasher v. NECC Telecom, No. 06-cv-10749 (E.D. Mich. Sept. 18, 2007). NECC included the following language on its invoices: “NECC’s Agreement ‘Disclosure and Liabilities’ can…
September 2007 Quick Links Part I
By Eric Goldman Marketing * From the NYT: There are 200+ auto repair shops in the “Iron Triangle” area in New York, and apparently they compete fiercely with each other,…
August 2007 Quick Links, Part I
By Eric Goldman Search Engines * Google extended its ad serving technology to consider a user’s past search phrases in addition to their current search term. * Greg Linden: “Google…
American Blinds-Google Lawsuit Settles
By Eric Goldman Google Inc. v. American Blinds & Wallpaper Factory Inc., 5:03-cv-05340-JF (N.D. Cal. settled August 31, 2007) After almost four years of litigation, the American Blinds lawsuit ended…