Keyword Ad and Product Shots Case Survives Motion to Dismiss–FragranceNet v. FragranceX

21 01 2010

By Eric Goldman

FragranceNet.com, Inc. v. FragranceX.com, Inc., 2010 WL 174159 (E.D.N.Y. Jan. 14, 2010)

I previously blogged about this case in 2007. That ruling was one of several in New York that, following the Rescuecom v. Google district court ruling, held that buying a competitor’s trademarks as keywords did not constitute a trademark use in commerce. As a result, the court granted a motion to dismiss.

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