According to the New York Times an adviser to the highest European Union court recommended Thursday that some restrictions be placed on the rights of advertisers to use the names of rivals as keywords to generate sponsored links on Internet search engines." The New York quotes Kirsten Gilbert, a partner at Marks & Clerk Solicitors in London who said: "With this opinion, Google’s … [Read more...]
Trademark Office Again Rejects AOL’s Attempt To Trademark Ad.com
In yet another finding by the USPTO dated march 21st 2011, AOL.com application to trademark Ad.com was rejected. "In the present case, the proposed mark is generic because it consists of the generic term 'AD" combined with the top level domain (TLD), ".com", which is perceived by the public to indicate an Internet address. The compound term AD.COM is thus generic of the applicant's services. … [Read more...]
Apple Starts Enforcing Its “App Store” Trademark Against Amazon & Adult App Site Even Though Microsoft Is Appealing The Trademark
Apple seems to have gone on the offensive to defend it App Store trademark, although the mark has not been approved and actually has a pending objection from Microsoft. According to Bloomberg.com, Apple Inc. filed suit against Amazon.com, "saying the online retailer is using Apple’s “App Store” trademark to sell software applications for mobile devices." The case is Apple Inc. v. … [Read more...]
Despite Comments From Domain RoundTable, Trademark Infringing Domains Are Not OK
As ICANN gathers this week for its meeting in San Francisco, the major issue will be once again be trademarks. Trademarks are the hot topic of discussion because of the new gTLD's and the Government Advisory Council (GAC), which at the urging of trademark groups want additional protections for trademark holders, including the Uniform Rapid Suspension which will be a shorter quicker and less … [Read more...]
Federal Court Once Again Upholds the Right Of A Competitor To Buy Keywords Under A Trademark
In another decision regarding trademark terms and keyword advertising, the 9th Circuit Court of Appeals yesterday ruled against Advanced Systems Concepts, a company which sought an injunction to prevent a competitor, Network Automation from buying keywords under its brand name, ActiveBatch. The ruling reversed a decision by a lower U.S. District Court that had banned Network Automation from … [Read more...]
Berryhill Wins Another, As He Beats Back A UDRP On Crops.com
A three member UDRP panel held for the domain holder on a pure generic term, Crops.com despite numerous trademarks held by the complainant on the word "Crops". The Complainant is Crop's NV of Ooigem, Belgium. The Respondent is DigiMedia.com, L.P. who was represented by John Berryhill. Here are the relevant facts of the case: "The Complainant was established in 1948 and is doing … [Read more...]
Winner Of UDRP For UltimateGuitar.com Loses Bid For UltimateGuitars.com: “The Dividing Line Can Be Difficult To Draw.”
Another interesting, UDRP case decided today involved the domain name UltimateGuitars.com If you think this domain sounds familiar, like it was already subject to a UDRP, you're close. The Complainant owns the domain ultimate-guitar.com and used the ownership of that domain, and a trademark on the very generic term to get the domain UltimateGuitar.com away from its owner (Domain Capital) in … [Read more...]