Keyword Advertiser Mostly Defeats Trademark Lawsuit–Scooter Store v. SpinLife

9 01 2012

By Eric Goldman

Scooter Store, Inc. v., LLC, 2011 WL 6415516 (S.D. Ohio Dec. 21, 2011). The Justia page.

Today’s ruling deals with SpinLife’s AdWords advertising triggered on keywords such as “the scooter store,” “scooter store,” “my scooter store” and “your scooter store” as well as the inclusion of such terms in the’s metatags. The plaintiff (let’s call them TSS) has registered trademarks in “The Scooter Store” in certain classes but not for retail stores, because the PTO rejected that usage as generic. TSS asserted that SpinLife’s keyword ads and metatags infringed its trademark rights.


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