IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. FTC
…A Bad Business Decision For Trademark Owners * Florida Proposes to Ban Competitive Keyword Advertising by Lawyers * More Confirmation That Google Has Won the AdWords Trademark Battles Worldwide *…
Another Competitive Keyword Advertising Lawsuit Fails–Dr. Greenberg v. Perfect Body Image
…clicks, and ten conversions. Stephen sued Perfect Body for trademark and related claims. The magistrate judge grants summary judgment to Perfect Body. Lanham Act. The purported trademark is a surname,…
1H 2019 Quick Links, Part 6 (Privacy, E-Commerce, & More)
…which Defendants “exercise high levels of control.” Plaintiff further alleges that Defendants are “involved in the day-to-day operation, control, marketing, and design of [the marketplaces].” For example, Plaintiff specifically alleges…
1H 2019 Quick Links, Part 3 (Trademarks)
…confusion alone can supply the predicate for a Lanham Act claim, it has broadly recognized that liability for trademark infringement can arise where a defendant’s misuse of a mark causes…
Using Third Party Trademarks as Hashtags Creates an Implied Association–Align v. Strauss (Guest Blog Post)
…trademark; second, only so much of the mark or marks may be used as is reasonably necessary to identify the product or service; and third, the user must do nothing…
Allegedly Defamatory Tweet About Non-Resident Insufficient to Confer Jurisdiction
…was no “evidence that [defendant] marketed or circulated the article to people in Michigan specifically as opposed to [defendant’s] readers generally.” [Vangheluwe v. Got News]. The court rejected the plaintiff’s…
Rounding Up Three Recent Keyword Advertising Cases–Comphy v. Amazon & More
…preliminary injunction. Trademark Scope. Comphy has a trademark registration for selling to “health spas.” Amazon sells direct to consumers, which is outside the scope of the trademark registration. Furthermore, the…
More Kardashian Drama: A Legal Fight Over Ownership of the Kimoji Emoji Set–Liebensohn v. Kardashian (Guest Blog Post)
…the trademark for KIMOJI – listing only Kimsaprincess, Inc. as the sole owner. The complaint alleges one day after filling the KIMOJI trademark, Kardashian West, through her attorney Martin Singer,…
TTAB Denies Trademark Registration for #MagicNumber108 Tagmark–In re DePorter (Guest Blog Post)
…isn’t understood as a mark by the public, usually because it isn’t being used in a mark-like way. Rather than being featured prominently in traditional trademark spots, like on the…
Tweet Containing Question Mark Isn’t Defamatory–Boulger v. Woods
…readers of Woods’s Twitter account would view the tweet as a legitimate question. (Blog post on the district court ruling here: “Twitter Defamation Claim Defeated by a Question Mark–Boulger v….