On Monday, the Court of Appeals for the Fourth Circuit reversed the district court’s decision ending Rosetta Stone’s trademark infringement case against Google. Rosetta Stone’s complaint, filed in 2009, alleged that Google infringed Rosetta Stone’s trademark rights by selling its trademarks as keywords to third-party competitors without Rosetta Stone’s permission. Under Google’s AdWords program, Google offers advertisers the ability… Continue Reading
Category Archives: Trademark Infringement
Subscribe to Trademark Infringement RSS FeedApplying for a New gTLD? Registration Deadline of March 29, 2012 Approaches As Cybersquatting Continues To Rise.
Posted in Domain Name, gTLD Issue, Trademark Infringement, Uniform Domain Name Dispute Resolution PolicyTime is running out to apply for the Internet Corporation for Assigned Names and Numbers’ (ICANN) new program to dramatically expand the number of generic top-level domain names (gTLDs). This controversial program has the potential to add countless new names to the currently available top-level domains (like .COM and .NET) by allowing companies to apply to serve… Continue Reading
Rules for Use of Music at Political Campaign Events
Posted in Copyright, Copyright Infringement, Fair Use, Music, Trademark, Trademark InfringementNational Public Radio had a story yesterday on politicians’ use (or misuse) of music at campaign events. It sets forth three seemingly simple rules for politicians to follow in order to avoid copyright and/or trademark based claims arising from such use: (1) know your venue; (2) know when to ask for permission; and (3) “know when to fold’em.” The American… Continue Reading
WIPO Named Exclusive Arbitrator of “Legal Rights Objections” for New gTLD Program
Posted in Domain Name, gTLD Issue, Trademark, Trademark Infringement, Uniform Domain Name Dispute Resolution PolicyWritten by Jamison Arterton ICANN has recently appointed the World Intellectual Property Organization (WIPO) to be the exclusive provider of dispute resolution services when a third party files a formal “Legal Rights Objection” or “LRO” to a pending application under the new gTLD program. In assessing the validity of an LRO, the WIPO panel will decide whether… Continue Reading
International Organizations Join the Opposition to ICANN’s New gTLD Program
Posted in Domain Name, gTLD Issue, Trademark InfringementICANN will start accepting applications for new gTLDs on January 12, 2012. But not before further public opposition to the program builds. Most recently, the United Nations, International Monetary Fund and a host of other intergovernmental organizations (“IGOs”) have joined the growing list of opponents to ICANN’s new program. A recent letter sent to ICANN on behalf of… Continue Reading
Yahoo! Wins $610 Million Trademark Infringement and CAN-SPAM Award Over Nigerian Advance Fee Fraud Suit
Posted in Litigation, Trademark, Trademark InfringementWritten by Joseph M. DiCioccio This week, Yahoo! won a $610 million default judgment in the United States District Court for the Southern District of New York in a case involving the infamous Nigerian Advance Fee Fraud perpetrated through the Defendants’ infringing use of Yahoo!’s trademarks and spam. Online scams and hoaxes are just a fact of life in the Internet… Continue Reading
Trademark Enforcement, Trademark “Bullies” and Social Media
Posted in Trademark, Trademark Infringement, UncategorizedA few weeks ago, while in Montpelier, Vermont, I stumbled upon a Farmer’s Market that featured a wealth of Vermont made, grown and raised art, produce and meats. In the midst of this bounty was Bo Muller-Moore, a self-described folk artist who is the creator of t-shirts proclaiming EAT MORE KALE. Muller-Moore silkscreens these t-shirts by hand in his… Continue Reading
Use the UDRP to Reclaim That Trademarked Domain Name? Maybe Not.
Posted in Domain Name, Remedies, Trademark, Trademark Infringement, Uniform Domain Name Dispute Resolution PolicyWritten by Jamison Arterton and Geri Haight UDRP proceedings are often touted as a quick and inexpensive way to resolve domain name disputes. Several recent UDRP decisions denying relief to trademark owners, however, demonstrate that in some instances the UDRP may not be the appropriate tool. A few recent UDRP decisions have denied relief to trademark owners who were seeking to reclaim trademark-based… Continue Reading
Google AdWords Litigation Update – Trademark Holders Denied Class Certification in U.S. Lawsuits
Posted in Google Adwords, Litigation, Remedies, Trademark, Trademark InfringementWritten by Jamison Arterton In the latest Google AdWords decision, a U.S. Federal District Court judge in Texas refused to certify two classes of advertisers who filed separate infringement suits against Google Inc. The complaints, filed in 2009, each claim that Google sold search terms that included registered trademarks to advertisers who were not affiliated… Continue Reading
Google Adwords Decision in Europe: Trademark Owners May Prevent Competitors From Using Trademarks As Keywords
Posted in Google Adwords, Litigation, Trademark, Trademark InfringementWritten by Geri Haight Remember last year when the European Union’s Court of Justice ruled that Google did not violate European Union law by selling trademarks as keywords and thereby permitting advertisers to purchase and use keywords corresponding to their competitor’s trademarks in Google ads? The decision let Google, as an intermediary, off the hook for trademark… Continue Reading
Remedies for Cybersquatting: Comparison of the UDRP and ACPA
Posted in Anticybersquatting, Domain Name, Litigation, Remedies, Trademark Infringement, Uniform Domain Name Dispute Resolution PolicyWritten by Jamison Arterton Last month, the kitchen and bath giant, Kohler Co., filed an anti-cybersquatting suit in federal court in California against several cybersquatters. In its complaint, Kohler alleges that it previously paid the named defendants $500 to transfer a domain name incorporating the KOHLER trademark in exchange for their agreement that they would not register any… Continue Reading
