Keyword Advertising

News & Analysis as of

UK CMA Announces Closure of Investigation into PCWs for Energy Tariffs

On 6 October 2016, the UK Competition and Markets Authority (“CMA”) announced the closure of its investigation into a suspected competition law breach by some price comparison websites (“PCWs”) for energy tariffs on the...more

Edible Arrangements’ Trademark Case Bears Fruit

In a recent decision, Judge Vanessa L. Bryant shed some light on a significant new issue: trademark infringement in the world of internet keyword advertising. In a case with important implications for online marketing...more

FTC Targets Brand Owner Policing Search Ad Keywords

This Monday, the Federal Trade Commission (the “FTC” or “Commission”) commenced an administrative proceeding against 1-800 Contacts, Inc. (“1-800 Contacts”), alleging that the online contact lens retailer had entered into...more

Can brands impose restrictions on key word advertising and online platforms?

Many retailers are faced with the question if and how they can restrict the ability of their re-sellers to purchase keywords in order to advertise and sell products online. A complete prohibition on keyword advertising may...more

GoDaddy victorious in dispute over OSCARS and ACADEMY AWARDS marks | World Trademark Review

In Academy of Motion Picture Arts and Sciences v, the US District Court for the Central District of California has entered judgment in defendant GoDaddy’s favour, holding that plaintiff Academy of Motion Picture...more

And the Winner is? Digital Platform Liability for Trademark Infringement

Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself...more

BrandVerity’s Latest Study on the Use (and Abuse) of Branded Keywords in Paid Search

Our friends (and former contributors) at Seattle-based BrandVerity produced an infographic showing that the average hotel brand is losing 26,500 website visitors on direct web traffic each month, leading to a real loss in...more

Trademark Owners Sue Amazon for Showing Competing Products

On July 6, 2015, the U.S. Court of Appeals for the Ninth Circuit ruled, in a published opinion,  that Amazon will have to go to trial in a trademark lawsuit for what many have alleged are confusing search results. In Multi...more

Law À La Mode - Special Edition – INTA 2015

In This Issue: - DUBAI’S d3: National talent meets international brands - COMBATTING COUNTERFEIT GOODS ONLINE: Are Alibaba’s anti-counterfeiting efforts enough? - A GUIDE TO PROTECTING A NEW FASHION ITEM: Our...more

The Federal Wiretap Act and the Law of Unintended Consequences

The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent...more

Top five shifts in Internet law in 2014

Internet law is always changing. Here’s my impressionistic list of five of the most significant 2014 shifts affecting businesses that operate in the Internet space. David Letterman will be off the air soon, so I won’t follow...more

Appearances Aside, “Something More” Still Needed for Trademark Infringement Liability in Keyword Advertising Cases

Search engine optimization is a vital issue for brand owners. When a potential customer searches online for Company A, a well-known brand, Company A naturally wants its own website to be as high in the search results as...more

Intellectual Property Year in Review

With the new year underway, we take a look back at some of the intellectual property-related highlights of 2013. Not only did the federal copyright and trademark agencies face a full-blown government shutdown this past year,...more

The Latest Keyword Advertising Battle: The 10th Circuit Finds No Infringement Based on Use of Another’s Trademark to Generate...

Over the past few years, numerous trademark infringement suits have been filed over keyword advertising. Last month, the 10th Circuit weighed in on this subject, issuing a decision with broad implications. In 1-800...more

Keyword Advertising Email Alert

The Court of Appeals for the Tenth Circuit recently shed light on an increasingly common Internet business practice. In 1-800 Contacts, Inc. v., Inc., a panel of the court held that the use of a competitor's...more

Use of Competitor’s Trademark As Trigger for Sponsored Ad is Not Trademark Infringement According to Tenth Circuit

Despite years of litigation over keyword advertising, very few courts have reached the important question whether the use of a trademark solely as a trigger for an advertisement is likely to cause confusion. Last week, in a...more

Google shall NOT monitor Adwords keywords (Italy)

The Court of Palermo (Italy) held that Google as an hosting provider is not obliged to monitor the AdWords keywords selected by its users but found liable a local rental company, Sicily by Car, for the usage of the trademark...more

Keyword Advertising Law Blossoming in the UK: Interflora v Marks & Spencer [2013] EWHC 1291

Interflora Wins AdWords Battle - In another win for trade mark owners in the battle against the unauthorised use of their marks in keyword advertising, the UK High Court of Justice recently held that Marks & Spencer...more

Google Adwords: Use of competitors' keywords is okay... sometimes.

On 21 May 2013, Mr Justice Arnold delivered a detailed judgement in the Interflora v Marks and Spencer case on trade mark infringement as it relates to keyword advertising....more

JDB 025: Ride the Long Tail to Google Success – Interview with Spencer Haws of Niche Pursuits

Have you ever looked at the law firms at the top of the Google results and wonder what they have that you don’t? In this week’s episode of the JDBlogger Podcast I interview Spencer Haws the owner of the popular blog and...more

Marks and Spencer's use of INTERFLORA trade marks as Google AdWords is held to constitute trade mark infringement by UK High...

The UK High Court handed down its judgment in the long running Google AdWords case, Interflora v Marks and Spencer on 21 May 2013. Mr Justice Arnold has found that Marks and Spencer's bidding on various INTERFLORA trade marks...more

IP/IT & Media Newsletter - Issue 1/2013

In this issue: - Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection - Employee Data Protection – What’s Down the Road? - German Federal Supreme Court Decides Another...more

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