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Tag Archives: trademark

Do You Even Meme Bro? The Law of Internet Memes

You know you’ve chuckled at a few of them–the  ubiquitous internet meme.  But, have you ever wondered whether all this sharing, changing and going “viral” is legal.
Protecting or commercializing your meme
If you create or are the subject of a meme, it can be difficult to commercialize it or protect it. There are generally two “rights” … Continue Reading

Quick Links – August 2013

Rocky Mountain National Park
Because of an extended working vacation away from Houston’s heat in Colorado, I’ve been away from the blog.  Like my kids gearing up to go back to school, I’m getting back to the normal work mode back in the office while recovering from a separated shoulder from a mountain biking incident (riding … Continue Reading

Tread Carefully When Using Competitor’s Trademarked Name With Online Advertising

The Tenth Circuit issued a decision yesterday in the 1-800 Contacts v. Lens.com case we discussed several years ago when originally filed.   For those of you who simply want the result, the Court of Appeals ruled:
1.  There was no evidence of likelihood of confusion – an essential element to a trademark claim.
2.  The court also … Continue Reading

Are Google AdWord Trademark Claims Back? Rosetta Stone Case May Open the Door

 We haven’t discussed Google AdWord trademark cases much here lately.  For the most part, the courts had determined that using a trademark term to trigger an ad was a use in commerce.  Google has generally prevailed, however, because the trademark owners have had trouble proving consumer confusion.
The Fourth Circuit Court of Appeals may have provided trademark … Continue Reading

Don’t want to be associated with a .xxx site? Do something now

If you are like me and are told in March you need to do something in October, then you probably forgot by now.  That is exactly what we did when we warned you back then that you needed to take action in October to prevent your site from being associated with a .xxx pornography site.  It’s … Continue Reading

Liability on AdWord Trademark Cases Is the Easy Part-What About Damages?

I have written numerous posts about the legalities of bidding on a competitor’s trademarked term to trigger a pay-per-click advertisement.  Today, we discuss the remedies you may be able to obtain if you are successful.  
After all, why spend a lot of money filing suit if you are going to lose a lot of money doing it?  Professor Goldman of the Technology and … Continue Reading

Search marketers have new lawsuit to consider

1-800-Contacts has added another suit to its list of attempts to protect its trademarked name when competitors use the terms as part of their search advertising. According to the suit, Lensworld bid on the term “1-800-contacts” as part of its search marketing campaign. 1-800-Contacts claims it violates their trademark.
While there is not a … Continue Reading