Competitive Keyword Advertiser Wins at Trial–Fair Isaac v. Experian
…the alleged ‘300-850’ mark was not a valid, protectable trademark because the term ‘300-850”’has not acquired secondary meaning.” Once again, a putative trademark owner goes to court only to find…
Case Western “Signifiers in Cyberspace” Conference Recap
…with Mark McKenna. Their target is the fundamental trademark principle that trademark law protects against consumer confusion. They think consumer confusion is an imperfect proxy for our normative goal of…
Contributory Cybersquatting and the Impending Demise of Domain Name Proxy Services?–Solid Host v. NameCheap
…domain name that allegedly infringes Sold [sic] Host’s trademark.” Thus, NameCheap is ineligible for the registrar safe harbor, which applies only when the registrar acts as a registrar. But, having…
EFF’s Guide to Griping, Plus Some Recommendations of My Own
…challenges your use of a mark in a domain name, don’t offer to sell it to the mark-owner without the assistance of legal counsel. All excellent advice. I’d like to…
Graeme Dinwoodie on Rescuecom v. Google
…(2) the fact that the trademark use requirement does not map well to the concerns that should drive the scope of trademark protection. In fact, looking at where the court…
Margreth Barrett on Rescuecom v. Google
…ground that the WhenU software didn’t use the plaintiff’s mark to trigger the pop-up–since when does a defendant have to use an exact mark before it can be deemed to…
Second Circuit Says Google’s Keyword Ad Sales May Be Use in Commerce–Rescuecom v. Google
…that the defendant made no use whatsoever of the plaintiff’s trademark, here what Google is recommending and selling to its advertisers is Rescuecom’s trademark. Second, in contrast with the facts…
Union Organizers’ Activist/Gripe Sites Don’t Support Trademark Claims–Cintas v. Unite Here
…of intentional deception. The trademark dilution claim fails for a lack of requisite use in commerce (this theory could have helped dismiss the trademark infringement claim too, but the court…
Utah Trying to Regulate Keyword Advertising….Again!? Utah HB 450
…the ear of the apparently pliable Utah legislature. The Proposed Law The 2004-05 laws banned trademark-triggered pop-up ads triggered by adware. The 2007 law allowed trademark owners to register their…
Domaining Registrar Defeats Cybersquatting Lawsuit–Philbrick v. eNom
…trademark infringement. Anti-Cybersquatting Consumer Protection Act (ACPA) and Trademark The court sidesteps the complexities associated with the domain name registrar safe harbor when applied to a registrar holding the domain…