Key decision
“Google makes money not by reason of the nature of the keyword, but by someone clicking on the keyword,” Google lawyer Alexandra Neri told a... Read more
Tag: Secondary Trademark Liability
Not Baidu enough
Baidu is another case in which the court declined to extend anything like a strict-liability standard for contributory infringement, in this case against a domain... Read more
Google’s keyword policy shift has unsurprising effect
Lori Weiman of Search Engine Land reports: As you may know, Google recently loosened its policy in the USA related to the use of trademarks in ad... Read more
Inducement to contribute to infringe … to roll on
Michael Atkins: Novel causes of action for contributory cybersquatting and contributory dilution appear to viable here in the Western District [of Washington]. On Jan. 12,... Read more
Secondary trademark infringement: The whole of the law
Secondary Trademark Infringement — the website: This website is dedicated to an examination of the law of secondary liability for trademark infringement – the idea... Read more
Locution, Locution, Locution: IP Licensors – Service Suppliers or Product Providers?
Consider the following scenario: Company A is a well-known film producer that licenses its intellectual property rights in famous cartoon characters to Company B, a... Read more
Best of 2011: Poor eBay!
First posted April 27, 2011. News item: eBay Beats The Street; Revenue Up 16 Percent To $2.5B; Net Income Up 12 Percent eBay just reported first... Read more
GEICO Isn’t Good News for Google
Remember the GEICO v. Google case? My former law partner and long-time spouse Jane Coleman does. She’s writing a chapter on secondary trademark infringement liability for... Read more
Secondary Trademark Infringement: The Monograph
Now it’s out! The book that transcends the Secondary Trademark Infringement website — itself now converted to a blog by Jane Coleman that will report... Read more
Best of 2010: Gucci v. Frontline Processing: Giving credit for infringement where it’s due
First posted July 12, 2010. The essential role played by credit card companies in online trademark infringement was recognized in Gucci America, Inc. v. Frontline... Read more
Not all ISP’s are created equal
@EricGoldman: Web host Akanoc hit with $32M contributory TM judgment for customers’ counterfeiting http://bit.ly/3BR6ZW Whoa. More to come … Louis Vuitton v. Akanoc jury verdict... Read more
Rosetta Stone v. Google: Lost in translation
When courts consider search engine company liability for trademark infringement, whether direct or indirect, they typically focus on the sale of “trademarked” keywords, or search... Read more
Transamerica v. Moniker Online: When domain registrars go bad
Domain name registrars have not typically been held contributorily liable for trademark infringement committed by their registrants. See Lockheed Martin; Size, Inc.; Academy of Motion... Read more
Missing persons
Usually, as the bible of secondary trademark infringement explains, “contributory infringement . . . requires proof of direct infringement by a third party . .... Read more