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

For 99% of us, it really won’t ever be an issue — our social media presence just isn’t that important.  Unless your job is to tweet or drive traffic to the company website, your company probably won’t even want your twitter followers who read what you had for lunch or your take on the Republican primary.  … Continue Reading

Plenty has been written about the Stop Online Piracy Act, or SOPA, in the industry press with some coverage in the mainstream media. Like many controversial proposals, SOPA discussions seem to be stoked in rhetoric.  So, I thought I would break down what it does, the pros and cons and what it means for you.
The Bill
Texas Republican Lamar … Continue Reading

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

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