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Trademarks › Keyword Advertising

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 -
K&L Gates LLP

Recent Second Circuit 1-800 Contacts Decision Helps Brands See More Clearly How to Pay Less per Click

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Introduction - Have you ever searched for a brand’s name online only to find that the first link leads to a competitor’s or reseller’s website? This can be a major problem for direct-to-consumer manufacturers and brands....more

Faegre Drinker Biddle & Reath LLP

Second Circuit Overturns FTC Ruling That Trademark Agreements Violated Section 5

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At a time when antitrust enforcers, federal legislators and courts are heavily focused on technology platforms and digital advertisers like Google and Facebook, on June 11, 2021, the Second Circuit vacated an administrative...more

Kelley Drye & Warren LLP

Second Circuit Reverses the Commission and Orders Dismissal on 1-800-Contacts

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The Decision 1-800-Contacts is one of the largest sellers of contacts online. One of the principal ways consumers shop for contacts is through key word searches. In the past, certain 1-800-Contacts competitors purchased...more

Sunstein LLP

January 2019 IP Update - Restricting Keyword Advertising Can be Anticompetitive, holds the FTC

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The contact lens juggernaut 1-800-Contacts has long been aggressive about curbing competitors’ use of “1-800-Contacts” as an online search keyword. On November 17, 2018, the Federal Trade Commission (FTC) held that fourteen...more

Foster Garvey PC

OTA & Travel Distribution Update: Effects of Google's trademark and keyword practices changes; Japanese regulators conclude Airbnb...

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This week’s Update features a variety of stories covering search, short-term rentals, wholesalers and traditional OTAs. This week's highlights include...more

Foster Garvey PC

How Google's Newly Expanded Trademark Policy Will Impact Hotels

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Google recently updated its trademark policy, and although some believe the changes are cause for concern, citing increased costs per click, that may not be the case. The following aims to bring some clarity to the issue....more

Smart & Biggar

Top 10 Highlights of Canadian IP Law and Practice in 2017

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2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

Foster Garvey PC

OTA & Travel Distribution Update - Google linked to new allegations of collusive keyword practices; Argentina's distribution...

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Happy New Year from Seattle... I hope all of you enjoyed the holidays. Our final, year-end OTA & Travel Distribution Update for the week ending December 29, 2017 is below. ...more

Knobbe Martens

Is Trademark Use in Google AdWords Trademark Infringement?

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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

Smart & Biggar

Keyword Advertising Decision Reversed on Appeal

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In August 2015 we reported on the decision of the British Columbia Supreme Court (“BCSC”) in Vancouver Community College v Vancouver Career College (Burnaby) Inc, 2015 BCSC 1470. That decision was notable in Canadian...more

Proskauer - New England IP Blog

Edible Arrangements’ Trademark Case Bears Fruit

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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

Knobbe Martens

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

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In Academy of Motion Picture Arts and Sciences v GoDaddy.com, 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

Fenwick & West LLP

And the Winner is? Digital Platform Liability for Trademark Infringement

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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

Foley Hoag LLP - Trademark, Copyright &...

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

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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

McNees Wallace & Nurick LLC

Intellectual Property Year in Review

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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

Mintz - Trademark & Copyright Viewpoints

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

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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

McNees Wallace & Nurick LLC

Keyword Advertising Email Alert

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

Faegre Drinker Biddle & Reath LLP

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

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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

K&L Gates LLP

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

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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

Dechert LLP

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

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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

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