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Trademarks Google

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -

“I googled it”: Generic Words and Trademark Rights

by Field Law on

A registered trademark can suffer "genericide" if it becomes so commonly used that it transforms from a unique brand name into a generic word which is synonymous with a product or service....more

Trademark Law & Genericide: Google's Not Dead Yet

by Lewitt Hackman on

Domain name registration is usually a good first step to cement trade name and mark ownership. In a previous blog we reminded readers that possession, even in Intellectual Property matters, is nine-tenths of the law...more

Even GOOGLE Can Google After All

by Fish & Richardson on

In a well-reasoned opinion, the 9th Circuit Court of Appeals recently held that the GOOGLE trademark has not suffered death by genericide – even if the public uses it as a verb for searching the Internet. The case before...more

GOOGLE Mark Is Not a Victim of Genericide

by BakerHostetler on

On May 16, 2017, internet search engine and content provider Google Inc. was handed a win by the United States Court of Appeals for the Ninth Circuit in Elliot v. Google Inc. The court ruled that the GOOGLE trademark had not...more

Is Trademark Use in Google AdWords Trademark Infringement?

by Knobbe Martens on

Does the use of Google AdWords amount to the advertising, promoting, marketing, or offering for sale of goods covered by a registered trademark? Tipsy Elves, LLC. vs. Ugly Christmas Sweater, Inc. is the latest in a string of...more

Do You Google? Court Holds “Google” Not Victim Of “Genericide”

by Cole Schotz on

You may know that “aspirin,” the word commonly used to describe acetylsalicylic acid, was once a trademark ­– i.e., brand name – for the acetylsalicylic acid made by one company: Bayer. The word “aspirin” lost its trademark...more

Public Use of “Googling” Does Not Genericize Trademark

by Dorsey & Whitney LLP on

When faced with a random (but very important) question, how often is our response: “I’ll google it”? Using google as a verb, similar to the above question, was at the center of a recent decision by the U.S. Court of Appeals...more

Ninth Circuit Confirms GOOGLE Is Not Generic

by Brinks Gilson & Lione on

On May 16, 2017, the Ninth Circuit affirmed the district court’s finding that the GOOGLE trademark had not become generic, providing guidance on preventing genericide. Elliott et al. v. Google, Inc., No. 15-cv-15809, 2017 US...more

How to Protect Your Trademark From Genericide

by Revision Legal on

Xerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic. Most recently, Google’s trademark status was challenged unsuccessfully. The US Court of...more

Googling Google

by Weintraub Tobin on

“I googled it …” has become ubiquitous in every day conversation. Many of us refer to “googling” as the act of searching the internet regardless of whether we use the Google search engine to do so. But has our everyday use...more

China's Supreme People's Court switches approach on trademark co-existence agreements for Google's "Nexus" marks

by DLA Piper on

Two recent decisions of the Supreme People's Court in China have allowed, for the first time, similar marks to co-exist on the Register in respect of similar goods, on the basis of a coexistence agreement or consent letter...more

Keyword ads — Only infringing if they’re confusing

by Thompson Coburn LLP on

Neighbors can be helpful. Our Canadian neighbors may have just helped U.S. trademark owners who wonder about the legality of use of their trademarks in Google AdWords ads, and other search-engine keyword ads....more

Intellectual Property Bulletin - Winter 2017

by Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

Google v. The Court: Free Speech and IP Rights

by Field Law on

Google Inc. v. Equustek Solutions Inc., et al., the long-running case involving a court’s ability to restrict online search results, and Google’s obligations to restrict search results has finally reached the Supreme Court of...more

Causality and Diluting Trademarks Through Online Searches: What the FTC Missed in 1800Contacts

by Kelley Drye & Warren LLP on

The FTC sued 1800Contacts for entering into a series of agreements with competitors that limited the competitors’ ability to bid on certain trademarked terms as search terms in online search term auctions. Search engines...more

Out With the Old, In With the New

The beginning of a new year is often the impetus for change. For companies, this may mean a rebranding initiative involving an update to a company's house mark or logo. In 2015 several companies, including Google, Facebook,...more

Copyright & Trademark Protections- Is Metadata Included?

by Ifrah PLLC on

A Canadian federal court recently released an opinion holding that meta tags, at least in some circumstances, are not entitled to copyright protection. Although the precedent is not binding in American courts, the...more

No copyright or trademark protection for metatags

by Field Law on

What if a competitor copied the metatags on your website and you watched web traffic bleed from your own site while the competitor’s site enjoyed a bump in hits? Are metatags subject to copyright or trademark protection?...more

Use of Competitors’ Trademarks as Google AdWords is not Infringement

by Bennett Jones LLP on

The British Columbia Supreme Court has decided that the use of a competitor’s trademarks in Google AdWords does not constitute infringement. In Vancouver Community College v Vancouver Career College (Burnaby) Inc.,...more

And the Winner is? Digital Platform Liability for Trademark Infringement

by Fenwick & West LLP on

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

"Want Coke? Buy Pepsi!” Is This Confusing?

by McCarter & English, LLP on

Suppose you walk into a greasy cheeseburger joint and ask for a Coke®. A cook who looks remarkably like the late John Belushi doesn’t say, “No Coke; Pepsi.” Instead, he says, “You want Coke? Have a Pepsi!” and you buy the...more

Court of Appeal Upholds Injunction Against Google (Equustek Solutions Inc. v. Google Inc.)

by Field Law on

Apparently Google does not appreciate being ordered by a Canadian court to remove worldwide search results. In Update on Injunction Against Google (Equustek Solutions Inc. v. Google Inc.) we reviewed a 2014 decision in which...more

The Adoption of a Competitor's Trademarks as Search Terms In Google AdWords May Not Be Such a Great Idea

by PretiFlaherty on

Google AdWords and similar services display highly prioritized links as search results when someone enters a predetermined search term into a search engine. It wasn’t long after such services became available that companies...more

Supreme Court Corner: Q2 2015

by DLA Piper on

B&B Hardware, Inc. v. Hargis Industries, Inc. Trademark - Holding: A Trademark Trial and Appeal Board (TTAB) ruling refusing registration on likelihood of confusion grounds can have preclusive effect on a...more

Law À La Mode - Special Edition – INTA 2015

by DLA Piper on

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

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