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For well over a century, U.S. trademark law has afforded brand owners certain rights, remedies and obligations. As the …
Persistent link: https://www.econbiz.de/10014123377
Search engines are the cartographers of the electronic frontier. In real space, a person wishing to travel to an unknown destination might consult a map or ask someone else for directions. In cyberspace, Web users consult search engines. Since novelty and unfamiliarity are often the most salient...
Persistent link: https://www.econbiz.de/10012707984
Internet search engines display advertisements along with search results, providing them with a major source of revenue. The display of ads is triggered by the use of keywords, which are found in the searches performed by search engine users. The fact that advertisers can buy a keyword that...
Persistent link: https://www.econbiz.de/10014039046
There is an ongoing debate over whether or not a trademark is “property,” and what the appropriate boundaries of such a property right might be. Some scholars assert that rules and justifications developed to handle rights in real property are generally a poor fit for intellectual property...
Persistent link: https://www.econbiz.de/10013091323
May 20, 2019 witnessed the promulgation of a judgement by the United States Supreme Court which settled a circuit split created by the Court of Appeals for the First Circuit and answered a question which was the subject of quandary for the American legal fraternity for more than 35 years. A...
Persistent link: https://www.econbiz.de/10013215457
The Coca-Cola bottle is celebrated today as a design classic and the paradigmatic illustration of protected trade dress. How the Coca-Cola Company achieved that exalted position, however, is poorly understood. This essay is an effort to fill that gap. As we explain, the bottle’s IP protection...
Persistent link: https://www.econbiz.de/10014244411
On September 30, 2010 Madras High Court gave a significant ruling in the case of Consim Info. v. Google India, regarding ‘Bharatmatrimony.com’ and ‘Tamilmatrimony.com’ as searchable keywords. Thus, answering a few questions regarding the usage of Trademarks as Searchable Keywords. This...
Persistent link: https://www.econbiz.de/10014175694
In both the EU and the US, trademark owners have sued search engine operators for using their trademarks as triggers in competitive keyword advertising. EU and US courts have taken a different approach to search engine operator liability for such invisible keyword use. The article outlines these...
Persistent link: https://www.econbiz.de/10014178613
Keyword search advertising occurs when an advertiser pays a search engine to link a particular keyword to its website. Keywords are often trademarks and some mark owners have objected to the search engines' practice of selling their marks as keywords without permission. Trademark doctrine...
Persistent link: https://www.econbiz.de/10013115722
The typical scenario of keywording involves a trilateral structure of legal positions. The mark holder is the party that has trademark rights in the term that is used as a keyword. The search engine is the entity that provides search tools to Internet users, usually for free, helping them to...
Persistent link: https://www.econbiz.de/10012713158