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Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

Technology & Marketing Law Blog

Though the court says it’s a close question, the court says that the plaintiff does not have a likelihood of success on the merits. To analyze this, the court applies the standard likelihood of consumer confusion factors. “any use of “Nursing Ce Central” creates at least some likelihood of confusion.

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Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

Technology & Marketing Law Blog

He then worked to boost the posts’ visibility, including: the posts asked users to “follow [his] link and mark it as helpful so that the message is amplified and as many people are warned as possible.”. ” he purchased keyword ads triggered by “LoanStreet” that displayed excerpts of his posts and linked to them. .”

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Around the IP Blogs

The IPKat

Take shelter in this post and check what was published last week around the IP blogs. A Kat being extra careful while Mercury is retrograde Copyright SpicyIP analysed a recent decision from the Bombay High Court, in which it was decided that ideas cannot be copyrighted but can be protected through the application of confidentiality law.

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Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. McNeil

Technology & Marketing Law Blog

It says that the Fifth Circuit has never addressed initial interest confusion in the context of keyword ads. Consumer confusion has always been the key to trademark infringement, so the court isn’t exactly making a radical statement. .” Adler sued for trademark and related claims. The Fifth Circuit panel reversed.

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Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular

Technology & Marketing Law Blog

So, what exactly is the trademark owner fighting for here? Few consumers are clicking through the ads, and no consumer has yet spent any money on Allied, so there is no evidence of ACTUAL confusion or “diversion” or whatever fictional legal doctrine about consumer behavior the trademark owner is advancing. emphasis added].

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Internal Search Results Aren’t Trademark Infringing–PEM v. Peninsula

Technology & Marketing Law Blog

The court doesn’t define what it means by a metatag or establish that “metatags” were the technical mechanism that associated the rival’s products with the trademark owner’s trademark. The trademark owner argued that the customers may have been directed via initial interest confusion to the rival website.

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When Do Inbound Call Logs Show Consumer Confusion?–Adler v McNeil

Technology & Marketing Law Blog

The district court initially dismissed Adler’s trademark claims , but the Fifth Circuit unfortunately revived the claims citing initial interest confusion (UGH). The parties most vigorously contest the “actual confusion” evidence. The court redacts the denominator, so we can’t compute the fraction). (The