Trademark Articles

Trademark Keyword Issue Far From Settled
· 5

We can only expect this issue to be brought before the courts more and more, which might mean it is eventually decided by much higher courts: Does targeting your competitor’s trademark keyword in search ads constitute "use in commerce," and thus a trademark violation.

Competitor Keyword Bid Could Bring Lawsuits

The issue of whether bidding on a competitor’s trademark keyword for search advertising constitutes "use in commerce" isn’t one that is settled yet, and may not be settled for some time. That’s not going to stop the lawsuits, though.

Or seemingly duplicitous behavior.

There have been several Second Circuit court rulings that it’s okay to bid on your competitor’s keyword in search advertising and that it does not constitute use in commerce.

Google To Trademark Knol, Dalvik
· 1

Call it a unit of knowledge, but beware of calling it a ‘knol’, as Google has applied to trademark the term.

OMG, Fark To Trademark NSFW
· 2

A trademark registration filed on behalf of Fark.com’s owner Drew Curtis generated plenty of attention when news of it hit social media sites.

Google Checks Out Frequent Flyer Promo

Google continues its seasonally aggressive Checkout campaign, again offering discounts and special promotions in advance of Cyber Monday.

Blogger Bullied To Remove Avis Logo

U.S. blogger Eric Turkewitz, a lawyer who writes a personal injury blog has been told by car rental company Avis to remove an image of its logo from his blog posting or face charges of trademark infringement.

eBay Fans Away Perfumebay Over Trademark
· 1

The domain names perfumebay.com and perfume-bay.com looked a little too much like online marketplace eBay’s trademarked name, an appeals court has ruled.

With “Google” In Your URL, No AdSense For You!
"AdSense Disallowed On URLs Containing ‘Google’". This was said by Google itself. A Google Blogoscoped account shows an AdSense ban of a portion of an active site.

AdSense Disallowed On URLs Containing “Google”

Google informed me that they banned showing AdSense from my account on Google.blogoscoped.cn (a site which I don’t run, but they are nice enough to rotate my AdSense code every couple of times as they’re translating posts from here).

Meet the Lawyers IP Discussion

Do domainers know where to draw the line? “There is no question that the TM laws and how they are applied online are NOT consistent with the decision making for offline enterprise.

Court Says Keywords Not ‘Use In Commerce’

A fifth federal court has declared that keyword advertisements and use in website metatags are not considered "use in commerce," providing a bigger shield for those that would use competitor keywords in their campaign.

Google Nears Settlement In Gmail Dispute
· 1

Independent International Investment Research (IIIR) is near to a settlement with Google regarding its claim to the Gmail trademark in the United States, according to a request for extension filed by IIIR at the US Patent and Trademark Office.

Google and Trademark Laws

Greg Lastowka is an Associate Professor of Law at the Rutgers School of Law, Camden, and he finished a (draft) paper titled Google’s Law [PDF], which he says is a discussion of trademark law matters and the suits against Google for its AdWords practices (with some general Google history thrown in). Greg wraps it up for us: 

Suck Quieter, Lest They Make A Website About It
· 2

Pick whichever cliché you like: what goes around comes around; you catch more flies with honey; adding insult to injury; cutting off your nose to spite your face; his butt would make Harold a Sunday face. They all could apply here – maybe not that last one; just something my grandfather used to say.

Patent Examination Goes Social

There is little doubt that patents are driving innovation. However, those same patents can hinder the progress if applied incorrectly.

Google Opposes JewTube
· 13

Google’s trademark lawyers are gearing up to take on a new foe in the intellectual property arena: JewTube. No, that’s not a typo.

Hulu Already Living Up To Its Name

Only one week has passed since NBC / News Corp announced the name of their online video project – Hulu.
And it was TechCrunch that made us all laugh when they ironically translated Hulu into Swahili – meaning, among other things, “cease” and “desist”.

Google Beats Blind Company

Of all the companies in existence, a blinds and wallpaper outfit would seem to be one of the least likely to sue Google.  But sue Google it (the American Blind & Wallpaper Factory) did, and the lawsuit has finally been resolved.  No surprises here: Google won.

SES: Ways SEMs Can Protect Intellectual Property

Trademark and copyright issues are complicated. That’s why we have lawyers. Luckily, we also have lawyers willing to drop by the Search Engine Strategies Conference in San Jose to shine a little light on the issue.

American Airlines Jets Google To Court
· 1

The whole keyword-advertising-violates-our-trademark debate has been brought to court more than once and more than once has been unsuccessful. American Airlines, though, is perhaps the largest company to make the claim, filing a trademark violation suit against Google.

Brett Batters Vexatious Balls, Video Not On YouTube
· 1

A trademark infringement court case involving court-labeled "vexatious litigant" Leo Stoller against baseball great George Brett took a humorous twist when the judge linked to a copyright infringing video on YouTube in his written opinion.

  • Join for Access to Our Exclusive Web Tools
  • Sign Up For The Free Newsletter