Episode 341 -- DOJ Charges Visa with Monopolization and Exclusionary Conduct in the Debit Card Market
At last week’s INTA Annual Meeting, Sterne Kessler Counsel Lauriel Dalier moderated a discussion with Jason Lott, Managing Attorney for Trademarks Customer Outreach at the United States Patent and Trademark Office, on...more
Google AdWords have long been used by businesses to ensure that their business listings feature on top of the Google search results when the users search for particular terms (which have been bought by a business from...more
On February 15, 2022, the Georgia Supreme Court held that the sale of one’s trade name in a keyword advertising service is not the theft of another’s trade name. In Edible IP, LLC v. Google, LLC, 313 Ga. 305, 2022 Ga. Lexis...more
On June 27, 2022, a New York Federal Judge for the Southern District of New York ruled in favor of Warby Parker’s motion for judgment on the pleadings, clearing them of allegedly infringing the trademarks of 1-800 Contacts...more
Introduction - Have you ever searched for a brand’s name online only to find that the first link leads to a competitor’s or reseller’s website? This can be a major problem for direct-to-consumer manufacturers and brands....more
Antitrust regulators around the globe are heavily scrutinizing online advertising platforms. That scrutiny extends to the activities of advertisers making use of those platforms. On June 11, 2021, the Second Circuit Court of...more
The Federal Trade Commission (FTC) recently decided that agreements reached by 1-800 Contacts, Inc. with a number of its competitors to settle claims that the competitors’ online search advertising infringed on 1-800...more
The Supreme Court of Canada recently confirmed the availability of a novel form of worldwide injunction whereby Google, a non-party to the litigation, was required to block worldwide access to websites operated by a...more
The FTC sued 1800Contacts for entering into a series of agreements with competitors that limited the competitors’ ability to bid on certain trademarked terms as search terms in online search term auctions. Search engines...more
In a recent decision, Judge Vanessa L. Bryant shed some light on a significant new issue: trademark infringement in the world of internet keyword advertising. In a case with important implications for online marketing...more
The British Columbia Supreme Court has decided that the use of a competitor’s trademarks in Google AdWords does not constitute infringement. In Vancouver Community College v Vancouver Career College (Burnaby) Inc.,...more
Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself...more
The practice of using a competitor’s trademark as a keyword to trigger sponsored links in Internet search engines received a boost this week from the U.S. Court of Appeals for the Tenth Circuit....more