Foley & Lardner Update: Court Upholds Google Sale of Trademarks as Keywords

15 08 2010

The digital era has required courts to rethink and reimagine almost every aspect of trademark, copyright, and patent law. Foley & Lardner publishes an interesting memo on the latest watershed ruling in trademark law, in which the U.S. District Court, covering the Eastern District of Virginia ruled on August 2 that Google may sell trademarks as keywords used in paid advertisements on its search pages.

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US, EU agree: OK to buy trademarked terms on AdWords

5 08 2010

Advertisers in Europe will soon be able to buy other companies’ trademarked terms using Google AdWords. Google announced Wednesday that it was changing its AdWords policy in Europe to align more closely with its policies elsewhere, meaning that a trademark owner won’t be able to lay claim over all ads that use the same words.

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The content in this post was found at http://arstechnica.com/tech-policy/news/2010/08/google-to-sell-trademarked-adwords-in-europe-like-us.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Google Gets Complete Win in Rosetta Stone Case

4 08 2010

By Eric Goldman

Rosetta Stone Ltd. v. Google Inc., 1:09-cv-00736-GBL-TCB (E.D. Va.). Opinion granting Google’s motion to dismiss filed August 3, 2010. Order granting Google’s motion to dismiss the unjust enrichment claim filed August 2, 2010.

Back in late April, many of us were eagerly awaiting the impending trial in Rosetta Stone v. Google, which was going to be the first trial in a trademark owner v. search engine keyword advertising case since the GEICO v. Google case in 2004. Then, just days before the scheduled trial, the judge granted Google’s motions to end the case, which negated the scheduled trial. However, because the case had been moving too fast in the Rocket Docket, the judge made that ruling without providing any written explanation of why. For about 3 months, we’ve been wondering how good a win Google got.

The opinions are finally out, and we’ve learned that Google got a complete win, in that the judge endorsed Google’s basic business structure.

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The content in this post was found at http://blog.ericgoldman.org/archives/2010/08/google_gets_com.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Linked OutA case that threatens the right of Web sites to link freely.

30 06 2010

Last April, startup real estate news site BlockShopper ran the headline “New Jones Day Lawyer Spends $760K on Sheffield” with a link to the bio for the lawyer in question—Jacob Tiedt—from the Web site of his law firm, Jones Day. In July, it ran a similar item about a home purchase by Dan Malone Jr., another Jones Day lawyer, with the link to his Jones Day bio.

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The content in this post was found at http://www.slate.com/id/2210636/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Google Can’t Shake Cybersquatting Claim–Vulcan Golf v. Google

10 06 2010

By Eric Goldman

Vulcan Golf, LLC v. Google Inc., 1:07-cv-03371 (N.D. Ill. June 9, 2010). My 2007 blog post when the complaint was filed. My 2008 blog post on the denial of a motion to dismiss. My 2008 blog post on denial of class certification.

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The content in this post was found at http://blog.ericgoldman.org/archives/2010/06/google_cant_sha.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.