Google AdWords: A Tough Sell?
By Daniel J. Klein Google’s AdWords program is no stranger to legal controversy, having been the subject of several trademark infringement lawsuits in the past.
“Reveal Day” Unveils 1,930 New Domain Name Applications
On Wednesday, the Internet Corporation for Assigned Names and Numbers (ICANN) – which oversees the international internet address system — unveiled 1,930 applications it had received for new top-level domain names (TLDs). Dubbed “Reveal Day,” ICANN made public the applications for new domain extensions such as .google, .book, .app, .beer, .bank, .cloud and .buy. The
Decoding Rosetta Stone: Trademark Lessons and Unanswered Questions From The Fourth Circuit’s Decision Regarding Google’s Keyword Advertising Program
On April 9, the U.S. Court of Appeals for the Fourth Circuit handed down its decision in Rosetta Stone Ltd. v. Google Inc. At issue in the appeal was whether Google’s sale of “Rosetta Stone” keywords for use in Google’s AdWords advertisements constituted primary (direct) or secondary (contributory/vicarious) trademark infringement or diluted Rosetta Stone’s trademarks.
Pinning Down the Copyright Issues in Pinterest
By Eleanor M. Lackman & Jennette Wiser The newest trend in social media, with over 10 million members and drawing 11.7 million viewers each month according to comScore, is the virtual scrapbooking site Pinterest. Pinterest allows members to upload their favorite images from the Internet or their computers and share them immediately with other members.
Viacom v. YouTube/Google: How Red Must a Red Flag Be?
Update: In an update to the below, on Thursday, April 5, 2012, the U.S. Second Circuit Court of Appeals revived and remanded the case to a lower court, instructing the district judge to determine if YouTube had knowledge or awareness of specific infringing material and whether it willfully blinded itself to that specific knowledge. Please
Buzz Aldrin Grounded
The Topps Company recently released a set of “American Heroes” trading cards which include well-known politicians, actors, athletes, scientists and events. Famed astronaut Buzz Aldrin attempted to block the release of certain cards believing the cards improperly incorporate his name, likeness and image in a commercial manner. The cards in question include the famous “Visor
Madonna’s Not the Only “Material Girl”: Judge Denies Summary Judgment
In California, a Federal Court Judge denied the defendent’s — Madonna’s — Motion for Summary Judgment that she is the “senior trademark user” of the “Material Girl” mark. This now clears the path for a lawsuit by the plaintiff, clothing company L.A. Triumph, which has sold a “Material Girl clothing line since 1997.
Good Day for Green Day: Judge Rules in Favor of Fair Use
In a lawsuit against the band Green Day, by Derek Seltzer (an L.A. Based Artist), the U.S. District Court Judge ruled in favor of Green Day in a motion for summary judgment on the basis of their fair use defense. Seltzer accused Green Day of violating his intellectual property rights through their unauthorized use of,
War for your “App Store”: Apple vs. Amazon: Federal Judge Unconvinced
Federal Judge Phyllis Hamilton of the U.S. District Court for the Northern District of California, denied Apple’s request for a preliminary injunction to bar Amazon.com from referring to its online software marketplace as an “Appstore” pending the outcome of Apple’s suit regarding the matter. Since 2008, Apple has used the term “App Store” to describe
Christian Louboutin and the Fight for Your Red Sole!
Christian Louboutin (“Louboutin”), the popular shoe company, has sued several other companies for the infringing use of their trademarked red sole which has become synonymous with the brand’s identity for over 20 years. Louboutin first registered the red sole in 2008 and has since sued such brands as Carmen Steffans, Oh…DEER!, and most recently Yves