June 2008 Quick Links
…under Rule 11 and the Lanham Act. * Marty reports on a German case saying that white-text-on-a-white-background is a trademark use. * Update on the battle over the trademark registration…
Keyword Metatags and Keyword-Triggered Ads Don’t Create Initial Interest Confusion–Designer Skin v. S&L Vitamins
…including trademark infringement and dilution, copyright infringement for displaying product shots, interference with contract and other related claims. Trademark Infringement With respect to trademark infringement, the plaintiff only complained about…
May 2008 Quick Links, Part 1 (Trademarks/Domain Names Edition)
…of months after the Utah legislature repealed the Utah Trademark Protection Act, a Utah law student says the law is unconstitutional. His conclusion: The Utah Trademark Protection Act places an…
Injunction Requires Negative Keywords in Future Adwords Campaigns
…containing any mark incorporating Plaintiff’s Mark, or any confusingly similar mark, and shall, when purchasing internet advertising using keywords, adwords or the like, require the activation of the term “ORION”…
Online Advertising Conference Recap
…Mark Cooper spoke about an interesting new paper he’s working on. He starts with the premise that everyone hates “interruption marketing” such as TV ads: consumers hate TV ads (interruptive)…
Bay Area Blawgers 3.0, May 20, Berkeley
…have said they plan to attend include: Tsan Abrahamson, Jerry Bame, Hudson Bair, Robert Barr, Larry Downes, Eli Edwards, Bob Eisenbach, Cathy Gellis, Mark Goldowitz (maybe), Susan Gluss, Eric Goldman,…
“Trademark Use in Commerce” Revisited
By Eric Goldman You may recall my repeated discussion about the trademark use in commerce doctrine. A quick recap: the federal trademark infringement statute references the requirement that the defendant…
Adwords Ad Creates Initial Interest Confusion–Storus v. Aroa
…that displaying a competitor’s trademark in Adwords ad copy constitutes impermissible initial interest confusion, leading to a summary judgment win for the trademark owner. This is one of the first…
Utah Quietly Killing the Trademark Protection Act [UPDATED]
…(Utah’s phrase for the new sui generis property right it created in the Trademark Protection Act). As I blogged before, the amendments instead focus on allowing trademark owners to electronically…
Feb. 2008 Quick Links
…* The Utah legislature is considering entering the marketplace again, this time through a certification mark program for Internet access providers who are willing to combat porn. See HB407. Of…