17
08
2018
Technology & Marketing Law Blog
Eric Goldman
August 14, 2018
DealDash and Wish are e-commerce vendors. For a while, Wish offered a service called “Deal Dash” for time-limited bargains. Immediately after DealDash sued, Wish renamed its service “Bargain Blitz” and pulled the “DealDash” term from all advertising. DealDash still pressed for a preliminary injunction that restricted, among other things, using “DealDash” as keyword ad triggers in search engines and app stores.
Wish submitted an affidavit that it had blocked “DealDash” or “Deal Dash” as negative keywords in AdWords. The court responds:
Case citation: DealDash OYJ v. ContextLogic, Inc., 2018 WL 3820654 (N.D. Cal. Aug. 10, 2018)
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The content in this post was found at https://blog.ericgoldman.org/archives/2018/08/negative-keywords-help-defeat-preliminary-injunction-dealdash-v-contextlogic.htm Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com
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Categories : Keywords/Meta-tags, Trademarks
17
08
2018
Lex Blog
AUGUST 15, 2018
In our continued post-TC Heartland coverage, Judge Gilstrap in the Eastern District of Texas recently held that venue was proper because Google exercises exclusive control over physical servers implicated by the litigation, as well as the physical space within which the server is located and maintained. The court emphasized that the place where the server is located occupies a physical space, which is more than merely a virtual space or electronic communications from one person…
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The content in this post was found at https://www.lexblog.com/2018/08/15/googles-servers-housed-by-a-third-party-isp-qualify-as-a-regular-and-established-place-of-business-to-establish-proper-venue-in-the-eastern-district-of-texas/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com
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Categories : Copyright, Digital IP Torts, Digital Rights Management, Jurisdiction, Patent, Terms of Service, Trademarks
13
08
2018
Technology & Marketing Law Blog
May 11, 2018
Eric Goldman
[ed’s note: Eric always argues that metatags are old school, irrelevant, and don’t mislead. He does so, even when a Circuit court case rules that THEY DO STILL MATTER].
Yesterday, the Ninth Circuit ruled about trademarked stripes on tennis shoes. To me, legally weaponizing dots in three lines on a shoe predictably leads to wasteful and possibly anti-consumer litigation. However, instead of critiquing the opinion generally, I’ll isolate just one aspect.
The court says:
Skechers placed metadata tags on its website that directed consumers who searched for “adidas Stan Smith” to the page for the Onix shoe. “Using another’s trademark in one’s metatags is much like posting a sign with another’s trademark in front of one’s store.” Brookfield Commc’ns, Inc. v. W. Coast Entm’t Corp., 174 F.3d 1036, 1064 (9th Cir. 1999). We agree with the district court that “the only reason ‘adidas Stan Smith’ is a useful search term is that consumers associate the term with a distinctive and recognizable shoe made by adidas.” Therefore, the district court did not clearly err by finding that the Stan Smith had acquired secondary meaning.
Instead of the multitude (dozens?) of Ninth Circuit cases interpreting online trademark law in the past two decades, this court in 2018 actually reaches back to the Brookfield billboard analogy from 1999? FFS. As I explained in 2005, Brookfield’s billboard analogy is irreparably flawed. Even in keyword metatag’s halcyon days when they had minor technical relevance, keyword metatags that are processed only by automated bots bear zero resemblance to a physical space sign that consumers see.
Case citation: Adidas America, Inc. v. Skechers USA, Inc., No. 16-35204 (9th Cir. May 10, 2018)
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The content in this post was found at https://blog.ericgoldman.org/archives/2018/05/the-ninth-circuit-still-thinks-keyword-metatags-matter-in-2018-adidas-v-skechers.htm Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com
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Categories : Keywords/Meta-tags, Trademarks
17
07
2018
Brand Protection Blog
Susan Ross (US) on July 10, 2018
On June 14, 2018, a federal trial court in New York issued a decision relating to a restaurant owner’s claim that the restaurant manager was using the owner’s trademarks on social media in violation of the federal trademark law known as the Lanham Act. The trial court denied the owner’s claim, in a ruling that provides some useful lessons to anyone who licenses a trademark. (Thousand Island Park Corp. v. Welser, 5:18-CV-117 (N.D.N.Y. June 14, 2018 (2018 WL 29803231)).)The case
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The content in this post was found at https://www.thebrandprotectionblog.com/trademarks-social-media-lessons-learned/
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Categories : Trademarks