This email suggests a few resources that you might consider for http://guidingrights.blogcollective.com/blog/_archives/2004/9/3/135068.htmlI have a bunch of linked resources at http://eric_goldman.tripod.com/resources/spywareadware.htmSome articles that you might includeMy article on keywords: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=635803Lemley/Dogan paper: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=560725Jennifer Rothman paper: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=691543Your partner Uli's paper: http://guidingrights.blogcollective.com/blog/_archives/2005/5/6/657377.htmlFWIW, I've blogged on several keyword cases. Most recently, I critiqued the 1800 Contacts case. http://blog.ericgoldman.org/archives/2005/06/important_2d_ci.htm
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More Info at Our Main Site Guiding Rights
GUIDING RIGHTS: Trademarks, Copyright and the Internet, by Mark V.B. Partridge, explains the trademark and copyright principles guiding rights on the Internet in clear and accessible terms. $24.95 hard cover; $14.95 paperback "This collection of short articles on a wide range of issues of copyright and trademark law, by one of the nation's most prominent trademark lawyers, manages to convey the nuance of the subject in language that is clear and immensely readable. This is a hugely versatile book. For scholars, the book contains valuable insights; law students will come to rely on it to explain difficult concepts in easy-to-understand terms; and practioners will be scanning it for help with some of the knottiest problems around." Graeme Dinwoodie, Professor, Associate Dean and Director of the Program in Intellectual Property Law, Chicago-Kent, College of Law ORDER BOOK HERE"Guiding Rights is a unique presentation of information covering key concepts relating to the protection, enforcement and licensing of trademarks and copyrights. Mr. Partridge presents a well organized compilation of lessons that provide practical insight for understanding and handling many trademark and copyright issues that arise for companies in everyday life. Also the book discusses in a concise and effective manner the effect of significant cases from both the distant and recent past which helped shape important trademark and copyright principles." Harrie Samaras, Attorney, Chair, Committee on Intellectual Property Organizations, AIPLA ORDER BOOK HERELogin
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Internet Advertising Update: Google and Geico Settle
by
Mark VB Partridge
on Thu 08 Sep 2005 03:18 PM EDT | Permanent Link
Internet keyword and search engine advertising is one of the hot topics in trademark law, with cases coming out on both sides of the issue. Here are some legal articles, cases and other materials providing background and commentary on the issue. I will update this from time as additional relevant materials come to my attention and welcome your contributions.
UPDATE:
September 8, 2005: The parties report that the Google v. Geico case has settled. More here.
August 8, 2005: Eastern District of Virginia issues written decision in Geico v. Google. Click here for comments by Eric Goldman and copy of decision.
June 27, 2005: Second Circuit reverses preliminary injunction issued against pop-up ads in 1-800 Contacts, Inc. WhenU.com, Inc.
March 30, 2005: Google's motion to dismiss American Blind claims denied. Case proceeds on trademark infringement claim against Google's Adwords.
March 16 - The BBC reports that Google has lost its appeal of the case broung by Luteciel and Vaticum, and must now pay about $100,000 in damages.
February 4, 2005. The Paris District Court ordered Google to pay $257,430 in a case brought by Louis Vitton against Google's keyword advertising system. Google says it will appeal. December 15, 2004: Virginia District Court dismisses Geico's claim against Google based on use of trademark to trigger sponsored links. Case will continue at a later date on Geico's claim against pop-up ads containing GEICO mark. NYT article reports here.
December 15 hearing transcript is available here. December 1, 2004:Overture has settled its claim with Geico. The case against Google is still scheduled to go to trial on December 13. More here.
The Northern District of California heard argument in the case Google Inc. v. American Blind & Wallpaper Factory Inc., on September 17, 2004 on Google's motion to dismiss counterclaims that Google's sale of keywords violates trademark law.
Articles and Materials: A Virginia District Court has allowed Geico's case against Google and Overture to proceed, as reported by Stefanie Olsen in her story for CNET News.com entitled "Geico gets green light to sue Google, Overture." Geico filed suit in May, claiming that the defendants infringe its trademark rights by selling ads linked to keyword search results.
More on the Geico case by Paul Roberts at PCWORLD.COM. Some argue that search engine keyword sales can be good for trademark owners here in article by Ross Fadner in Media Daily News.
"Essay-Jumbo Lumps: Why Geico fears Googling," The Hook.
Palizzi, Internet Advertising and The Current (and Confusing) State of the Doctrine of Initial Interest Confusion, ABA Intellectual Property Litigation, Spring 2004
Cases
Geico v. Google Inc., No. 1:04cv507 (E.D. Va. 2004).
Playboy Enterprises, Inc. v. Netscape Communications Corp., 354 F.3d 1020 (9th Cir. 2004)
Google Inc. v. American Blind & Wallpaper Factory, Inc., Civil Case No. 5:03-05340 (N.D. Cal. 2003)(pending)
U-Haul International, Inc. v. WhenU.com, Inc., 279 F. Supp.2d 723 (E.D. Va. 2003)
Wells Fargo & Co. v. WhenU.com, Inc., (E.D. Mich, 2003)
1-800 Contacts, Inc. v. WhenU.com, Inc., (S.D.N.Y. 2003)
Bayer Corp. v. Custom School Frames, LLC, 259 F. Supp. 2d 503 (E.D. La. 2003)
Bernina, Inc. v. Fashion Fabrics Int'l, Inc., 57 U.S.P.Q.2d 1881 (N.D. Ill. 2001)
Playboy Enterprises, Inc. v. Netscape Communications Corp., 55 F. Supp. 2d 1070 (C.D. Cal. 1999)
International
Société Viaticum et Société Luteciel contre Société Google France, Tribunal de Grande Instance de Nanterre, 2i me chambre, 13 octobre 2003.
(compiled 9/2/04)
Added July 15, 2005:
Thanks to Eric Goldman from Marquette University Law School (http://blog.ericgoldman.org), who sends these suggestions:
Comments
Re: Hot Topic: Internet Advertising Dispute Heats Up: Updated
by
Anonymous
on Thu 04 Nov 2004 04:18 AM CST | Permanent Link
The French decision (Viaticum & Luteciel VS Google) is available on Juriscom.net :
http://www.juriscom.net/jpt/visu.php?ID=522 Google filed an appeal. Frédéric |
Mark VB Partridge
CONTACT INFORMATION Mark V.B. Partridge
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
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312-554-8000
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