Posts Tagged ‘trade marks’

Wintersteiger(sm)

Jurisdiction in Keyword Advertising Disputes After Wintersteiger

Keyword advertising raises interesting questions beyond the run-of-the-mill trademark infringement and unfair competition issues typically discussed. For instance, if a sponsored ad can be clicked in three separate countries, can the Courts of each of those countries take jurisdiction to hear and determine a dispute? The Court of Justice of the European Union has given [...]

Some recent trade mark articles

Further to my copyright post here, I’ve set out below a list of recent trade mark articles and quotes, with links where possible.  A list of my recent copyright publications is here, and there’s a full list of all publications here. “National Use Neither Proves Nor Precludes Finding of Genuine Use of a Community Trade [...]

ROLEX - augmented ads

Google Increases Ad Prominence For Sellers Using Third Party Trademarks

Brand owners are likely to be unimpressed by Google’s latest update to its AdWords program, which gives purchasers of third party trademarks increased prominence for their ads. The change, which is already in operation, means “organic” search results will be pushed further out of view by sponsored ads, whose format now looks like some categories [...]

Plush toy pillow

New York Becomes Latest Court To Rule Against Use of Trademarks in AdWords

A District Court in New York has become the latest to find that using a competitor’s trademark in Google’s AdWords program can be trademark infringement. District Judge Roslynn R. Mauskopf found that the Defendants’ selection of “PILLOW PETS” and similar marks as a trigger for Google Ads is likely an infringement of the Plaintiff’s registered trademarks [...]

louboutin

Judge-Led Charge Against American Fashion Designers Continues

Fashion designers, as a class, should gain only limited IP protection, according to Judge Victor Marrero of the Southern District of New York.  Giving judgment in Christian Louboutin SA et al v. Yves Saint Laurent America, Inc et al., 1:11-cv-2381 (NYSD August 10, 2011), Judge Marrero acknowledged that the world famous Louboutin house has acquired [...]

Bing's beta Ad layout

New Microsoft ad strategy more aggressive than Google’s?

Microsoft has recently tested a new system of advertising whereby ads are not placed on top of the organic search results, nor to the side, nor on a colored background, but actually within the list of organic results.  Is this a smart move?  Will Microsoft find itself on the end of a (meritorious) lawsuit for [...]

Google AdWords logo

Google AdWords Takes A Hit: E-Commerce Safe Harbour MIA

While the Wall Street Journal (initially, at any rate) declared outright victory for Google’s AdWords service after the Court of Justice of the European Union (“ECJ” or “CJEU”) ruled that the sale of keywords to advertisers did not constitute “use” of those keywords within the meaning of the Trade Marks Directive (89/104/EEC), most of us [...]

California Court finds AdWord ad creates likelihood of confusion

In his January 25, 2011 decision in the Central District of California, District Court Judge George H. King held that the targeted use of a third party’s trademark in a Google AdWord advertising campaign can constitute trademark infringement and can also leave advertisers open to an award of enhanced damages, attorneys fees and costs.  (Binder [...]

What happened at the BBC? Pt I

When I was growing up, the BBC provided journalism at its very best.  The anchors spoke so clearly, and with such grammatical precision, that “BBC English” became a standard in its own right.  If you wanted to understand something in the news, the BBC was the most accurate and unbiased report you could find. The [...]

Czech, mate.

Ever thought of applying for an intellectual property right via a Czech agency? Probably not, if you’re reading this, but in case you do then you might want to read the IPKat’s comments on WIPD, an organization whose name and logo closely resemble those of WIPO, which in addition to being a well respected organization [...]