Social Search Services Duel Over “Post Post” Mark — Boathouse Group v. TigerLogic
…was sufficient to establish trademark rights. TigerLogic argued that Boathouse failed to achieve significant traction in the market and that Boathouse used its search product internally (for its existing clients),…
Important Ninth Circuit Ruling on Keyword Advertising, Plus Recaps of the Past 4 Months of Keyword Ad Decisions
…purchased the trademark owner’s trademark as keywords (at both Google AdWords and Bing) for comparative advertising. Thus, this case deals with a nice, clean example of comparative competitive keyword advertising….
Stanford Technology Law Review Symposium on Secondary IP Liability
…probably not a casual seller of personal used good. Mark McKenna Secondary trademark liability rules don’t necessarily derive from the common law of torts. Traditionally, torts had three categories of…
Savvy Louisiana Ruling on Metatags–Southern Snow v. Snowizard
…argument: “SnoWizard retorts that the cases applying Brookfield Communications recognize that the defendant’s use of the plaintiff’s mark in website metatags creates initial interest confusion and therefore constitutes trademark infringement…
Top 5 Cyberlaw Developments of 2010, Plus a 2010 Year-in-Review
…in its Rosetta Stone AdWords trademark case (and, as mentioned before, the YouTube case as well). Most of the other trademark plaintiffs lost or simply gave up. * Legally, it…
The Next Digital Decade Book Launch and Event Recap
…articles that have no market value. In contrast, Keen is a paid author and therefore guided by market forces. Keen wants to defend a professional creative class. He is interested…
Court Allows Microsoft’s Claims for Contributory Cybersquatting and Dilution to Move Forward — Microsoft v. Shah
…and contributory trademark dilution. The court’s discussion of the background facts is brief (I’ve uploaded Microsoft’s amended complaint to Scribd, which you can access here): Defendants are alleged to have…
Court Approves TD Ameritrade Data Breach Settlement — In re TD Ameritrade
…LLP, Scott A Kamber and Ethan Mark Preston (“Kamber et al”) as lead counsel. Doc #93 at 10. As the certification was provisional and preliminary to final approval, denial of…
Nov.-Dec. 2010 Quick Links, Part 5
…in commerce. The use of a website address containing a trademark is not the same as use of the mark.” – “The androiddata.com website served as a remnant of a…
Court Unlocks Allegedly Infringing Domain Name Based on Ineffectual Email Service — Station Casinos, Inc. v. Murphy
[Post by Venkat] Station Casinos, Inc. v. Murphy, 2:10-cv-01770-GMN-LRL (D.Nev.; Nov. 18, 2010) [pdf] Plaintiff, who operates a family of Station-branded casino hotels and owns the “STATION CASINOS” mark, brought…