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Archive for the ‘Trademark’ Category

Using a Competitor’s Trademark as a Keyword for AdWords is Not Trademark Infringement

1-800 Contacts, Inc. v. Lens.com, Inc.
By Casey Holzapfel – Edited by Michelle Sohn

The Tenth Circuit held that using a competitor’s trademark as a keyword to activate sponsored links in Google is not trademark infringement, affirming the lower court’s summary judgment that Lens.com was not liable for misdirecting customers to click on links to Lens.com after searching for the phrase “1-800 Contacts.”

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Posted On Jul - 30 - 2013 Comments Off READ FULL POST

Entrepreneur “Owns” Oprah as Second Circuit Reinstates Trademark Suit

 Kelly-Brown v. Winfrey
By Alex Shank – Edited by Samantha Rothberg

The U.S. Court of Appeals for the Second Circuit vacated the District Court for the Southern District of New York’s (S.D.N.Y.) dismissal of trademark infringement claims against Oprah Winfrey, rejecting her fair use defense. Kelly-Brown alleged that Winfrey had used her trademarked phrase “Own Your Power” “as a mark” on the cover of O, The Oprah Magazine, its website, and at a magazine event.

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Posted On Jun - 18 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief

By Charlie Stiernberg

Digital Public Library of America Goes Live, Sans Fanfare

ITC Rules Apple iPhone did not Violate Motorola Patents

Parties Race to Register “Boston Strong” Trademark with USPTO

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Posted On Apr - 29 - 2013 Comments Off READ FULL POST

Facebook to Face Jury Trial over “Timeline” Trademark

Timelines, Inc. v. Facebook, Inc.
By Ashish Bakshi – Edited by Dorothy Du

Facebook, Inc. (“Facebook”) lost its bid for a quick end to a trademark infringement suit filed by Timelines, Inc. (“Timelines”) over the social networking giant’s use of the term “timeline.” The court held that Facebook failed to show as a matter of law that Timelines’ trademark for “timeline” was generic or merely descriptive or, if the trademark were valid, that  Facebook’s use of the term constituted fair use. A jury trial will commence on April 22.

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Posted On Apr - 16 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief

By Michael Hoven

Apple v. Samsung Damages Award Cut by $450 Million

Yelp Review Can Help Show Consumer Confusion

ISPs Announce “Copyright Alert System” to Combat Infringement

Drug Testing of Welfare Recipients Likely Violates Fourth Amendment, Says 11th Circuit

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Posted On Mar - 5 - 2013 Comments Off READ FULL POST
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In Response to Rulin

By Andrew Spore – Edited by Travis West [caption id="attachment_4410" align="alignleft" ...

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Flash Digest: News I

By Olga Slobodyanyuk Amici urge the Ninth Circuit to reconsider its ...

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Specific Facts Suppo

By Geng Chen – Edited by Ashish Bakshi [caption id="attachment_4393" align="alignleft" ...

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DOJ Indicts Nine for

By Emma Winer – Edited by Sheri Pan [caption id="attachment_4373" align="alignleft" ...

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European Court of Ju

By Paul Klein – Edited by Alex Shank [caption id="attachment_4363" align="alignleft" ...