Catching Up on Three Keyword Advertising Cases–Hearts on Fire, Romeo & Juliette, AAA
…bound by the First Circuit’s Venture Tape case, which did not address use in commerce in a metatags case). After canvassing the statute and the precedent, the court says “there…
Second Circuit Says Google’s Keyword Ad Sales May Be Use in Commerce–Rescuecom v. Google
…sales, but I would be surprised if it did so. 3) This case also jeopardizes the rulings in those cases that keyword metatags aren’t a trademark use in commerce. The…
Keyword Ads and Other Marketing Supports Remote Jurisdiction–Market America v. Optihealth
…plaintiff trademarks as keyword triggers, and including OPC-3 in the metatags (as usual, the court was imprecise about which type of metatag, but I infer it was a keyword metatag)….
Rip-off Report Back in Court
…Report’s trademarks by creating and using the URL “http://rip-off-report.pissedconsumer.com” and putting “Rip-off Report” in the site metatags. Hmm…does Rip-off Report really want to establish the precedent that these activities infringe???…
426,487 Reasons Why Metatags Still Matter (In Court)–Venture Tape v. McGills
…latest appellate courts this year to experience a judicial freakout about metatags. The price tag to the defendant for using ineffectual metatags: $426,487 in damages, costs and attorney’s fees. The…
Court Slams Competitive Metatagging and Keyword Advertising–Soilworks v. Midwest Industrial Supply
…variations of the phrase in metatags for its websites.” The opinion doesn’t specify if the advertiser triggered ads on the term “soil sement” or displayed the trademark in the ad…
Two Regressive Search Engine Advertising Rulings–Standard Process v. Total Health and Finance Express v. Nowcom
…name was to direct potential consumers of Finance Express’ products to Nowcom’s website.” * Metatags/Keyword Stuffing. I have argued against including competitive trademarks in keyword metatags on a straight cost-benefit…
Keyword Metatags and Keyword-Triggered Ads Don’t Create Initial Interest Confusion–Designer Skin v. S&L Vitamins
…the surreptitious trademark uses in the keyword metatags and in keyword advertising, not any uses visible to consumers. The plaintiffs argued that these surreptitious uses created initial interest confusion (the…
Court Says Keyword Metatags Don’t Matter–Standard Process v. Banks
…minimal acknowledgement to keyword metatags. Lawyers, on the other hand, have been living in a parallel fantasy universe where keyword metatags single-handedly divert unwaveringly brand-loyal customers to piratical competitors. Even…
11th Circuit Freaks Out About Metatags–North American Medical v. Axiom
…Circuit on metatags. The parties compete in the “spinal decompression” device market. Defendant Axiom included the plaintiff NAM’s trademarks “Accu-Spina” and “IDD Therapy” in the metatags but did not otherwise…