Keyword Search

News & Analysis as of

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

Stricter PRC online advertising regulation in response to search scandal

The China State Administration of Industry and Commerce recently issued the Online Advertising Regulation (Regulation) which will come into force on September 1, 2016. The Regulation has been widely regarded as the response...more

Know Before You Go. Know Your Data, That Is.

You’re a seasoned litigator. You’re familiar with your current matter, and you’re prepared for the first meet-and-confer. You have a list of keywords you feel covers all of the important aspects of the case. Your...more

JDB 077: How Can a Solo Lawyer Compete with the Big Law Firms?

The numbers just don’t add up. How can a solo attorney or a small firm really believe that they can compete with the big law firms and their big advertising budgets and in-house marketing departments?...more

Amazon Wins Ruling on Results for Searches on Brands It Doesn’t Sell

On October 21, 2015, the Ninth Circuit ruled that online retailer Amazon does not violate the Lanham Act when, in response to a search for a brand it doesn’t sell, it returns a results page that fails to disclose that fact...more

The Authors Guild v. Google, Inc. USCA Second Circuit, October 16, 2015

Second Circuit affirms district court's holding that Google's creation of searchable, digital copies of tens of millions of books constitutes fair use under Copyright Act, because Google's search service merely provides...more

Second Circuit Holds That the Google Digital Books Project Is Protected Under the Fair Use Doctrine

On October 16, the Second Circuit ruled that Google’s scanning of millions of books without the copyright holders’ permission, for use in its “Google Books” database, is permissible under the fair use doctrine. Google Books...more

Finding the Smoking Gun: 4 Search Tips for Quickly Finding Relevant Documents

In a recent survey conducted by Exterro, 39% (the largest group of respondents) said that searching through large amounts of data was the biggest obstacle they face in locating responsive data. To help legal professionals...more

Can a Google Search Save Your Company $5 Million?

It sounds like a scam, but I swear, there is some truth to this headline. Just ask Hasbro, Inc., the owner of the Littlest Pet Shop line of toy animal figurines. If you have never seen one before, below is an example of two...more

Pushing the Envelope on Initial Interest Confusion Claims — Multi Time Machine, Inc. v. Amazon.com

Consider this: You are shopping online and you type in the name of a brand of wristwatch. Perhaps you wanted to purchase that exact brand of watch, or perhaps you were looking for a selection of watches that included the...more

Court Orders Defendant to Reveal Imprecise “Self-Collection” Methodology (West Virginia)

Burd v. Ford Motors, Co., 2015 WL 413915 (S.D. W. Va. July 8, 2015) - In this automotive product liability case, the plaintiffs argued that defendant’s “self-collection,” which consisted of custodians using search terms...more

Getting a Handle on In-House E-Discovery Data Management

Many legal professionals are starting to embrace the notion that e-discovery is a business process, which can be measured, managed and optimized. The greatest progress is being seen with “left-side” e-discovery activities,...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

Trademarks on the Internet: Are Consumers Really this Clueless?

Are you unaware of the difference between search engine searches and the search results? Do you believe that a search engine can read your mind and return exactly (and only) the results you expect to receive? Is this your...more

Tread Lightly: eDiscovery Greed May Leave You With None At All

On July 14, 2014, the Court in United States v. University of Nebraska at Kearny (No. 4:11CV3209) took a significant step in support of Federal Rules 1 and 26. Magistrate Judge Cheryl R. Zwart denied plaintiff’s motion to...more

Harsh & Costly Lesson from Unilateral Use of E-Discovery Tools

As technological developments have greatly expanded the world of available information, the cost of harvesting electronically stored information (ESI) has risen exponentially. In recent years however, technology has also...more

Reasonableness and Proportionality Win Another Fight for Predictive Coding

On July 22, 2014, Judge Joe B. Brown issued a discovery order in Bridgestone Americas, Inc. v. Int’l Bus. Machines Corp. (Case No. 3:13-1196 M.D. Tenn.), in the plaintiff’s favor, allowing the use of predictive coding to...more

Keywords Vs. Technology-Assisted Review: Are They Mutually Exclusive?

Recently in Bridgestone Americas, Inc. v. International Business Machines Corp., U.S. Magistrate Judge Joe Brown of the Middle District of Tennessee addressed the plaintiff’s request to use technology-assisted review (TAR) on...more

Predictive coding after keyword screening!? Don’t miss the point of Bridgestone Americas

Magistrate Judge Joe B. Brown’s recent order permitting predictive coding in Bridgestone Americas v. International Business Machines Corporation has received a lot of attention because it allowed the use of predictive coding...more

EDiscovery Custodial Collection — Cooperate, Communicate and Collaborate

In any document search allowing defendants’ custodians to conduct their own searches is much like allowing the fox to guard the henhouse. Even focused and disciplined custodial collections can be fraught with problems....more

Where SEO meets PR

Like many companies in search of a quick SEO fix, the travel site Expedia once benefited from paid links on other websites to drive traffic and to increase its ranking in search results. Google, however, publicly frowns upon...more

IP: Subject Matter Conflicts of Interest in Patent Prosecution - The Practical First Step

This article series is focusing on subject matter conflict of interest issues are a significant concern for attorneys. Patent practitioners have an additional layer of concern with respect to subject matter conflicts of...more

Google Must Face Most Claims in Keyword Wiretap Class Action

If you were on Google’s home page Friday at the office, you probably spent more time than you care to admit playing the “help the letter ‘g’ hit the piñata” game that Google created for its 15th birthday. For Google,...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

Tenth Circuit Rejects Infringement Claim Against Use of Competitor’s Trademark as Search Engine Keyword

The practice of using a competitor’s trademark as a keyword to trigger sponsored links in Internet search engines received a boost this week from the U.S. Court of Appeals for the Tenth Circuit....more

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