Confidentiality Settlement Trademark Trademark Law 
Technology & Marketing Law Blog
JANUARY 8, 2024
This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).
Technology & Marketing Law Blog
FEBRUARY 16, 2022
Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. However, Edible invoked theft law and disavowed consumer confusion. However, they didn’t give up! Conversion.
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Technology & Marketing Law Blog
JULY 26, 2022
I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. How extensively do they discuss the risks? There’s plenty to discuss.
Technology & Marketing Law Blog
MARCH 13, 2022
LVSA sued Groupon for trademark infringement. Melwani sued Amazon for trademark infringement, dilution, and more. With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Purchaser Care.
Technology & Marketing Law Blog
MAY 13, 2023
Kudos to Nicolet Law for surviving the motion to dismiss, but I’m wondering if it will ultimately regret filing this lawsuit–either because its trademark gets busted or because it made a federal case out of nothing. Case citation : Nicolet Law Office S.C. LoanStreet v. Second Circuit Says: Great, Have a Nice Day!–1-800
Technology & Marketing Law Blog
NOVEMBER 28, 2022
To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. So, what exactly is the trademark owner fighting for here? This is a bad ad buy by Allied, AND it’s a bad trademark enforcement decision by Porta-Fab. So why did I say the case was stupid?
Technology & Marketing Law Blog
DECEMBER 19, 2021
Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….
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