Trademarks in Cyberspace
15 Apr 12: Fourth Circuit revives question regarding use of trademarks as keywords and in Google ads - The Fourth Circuit has vacated the grant of summary judgment on the trademark infringement, contributory liability and dilution claims, persuaded by the fact that Google was aware that infringers and counterfeiters were bidding on the Rosetta Stone trademarks to use in ads and that there was a likelihood of confusion in allowing trademarks as keywords and in ad text (Lane Powell)
5 Apr 12: Google’s AdWords links “misleading and deceptive”, says Australian court - Google has been found guilty of misleading and deceiving consumers with its AdWords-generated sponsored links, on the ground that it is falsely representing that there is a connection between the business for which the user is searching and the advertiser who has selected that business’s name or trademark as a keyword.
16 Nov 11: Barrage Of Doubts Voiced On US Internet Piracy Bill – An international outcry from open internet proponents has emerged over draft US legislation, HR 3261, the Stop Online Piracy Act (SOPA), on the eve of a hearing on the bill. International critics say the bill would put the United States on the same ground as China with regards to internet filtering, undermining the US argument for internet freedom (IP Watch)
7 Nov 11: Protecting brands on Google: a practical guide – A practical guide for brand owners to addressing infringing search results by distinguishing the typical components of a search results page: organic results, location results and sponsored listings (DCC)
25 Oct 11: Australian consumer watchdog appeals Google AdWords case - The Australian consumer protection authority, the ACCC, has appealed its Federal Court action against Google for misleading or deceiving consumers with AdWords-generated sponsored links
28 Sep 11: Interflora Inc. v. Marks & Spencer plc – decision of the ECJ
27 Sep 11: ACCC v. Trading Post – Google Adwords Australian decision
1 Aug 2011: L’Oréal v. eBay – summary of ECJ Judgment – The European Court of Justice has provided clarification on the liability of companies operating internet marketplaces for trade mark infringements committed by users and on the specific questions referred to it by Arnold J (SCL)
2 Apr 2011: Interflora opinion gives brand owners keyword hope - Giving his opinion in a dispute between Interflora and Marks & Spencer, referred from the UK, Advocate General Jääskinen said that brand owners can prohibit the use of keywords containing their trade marks by competitors where consumers are likely to be confused as to the origin of the goods or services (Managing IP)
