Web 3.0 and the promise of the metaverse has generated excitement about new markets for businesses large and small. But as with any technological frontier, legal uncertainties cause new risks to emerge alongside the opportunities. One area currently full of legal questions is trademark law. We will examine what we see as three of the biggest open … Continue Reading
On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___ (2019), the Supreme Court resolved an area of ongoing concern for parties to trademark licenses. The court addressed a circuit split on whether a trademark licensee may continue to use a trademark for the term of the license, after the … Continue Reading
On May 16, 2017, the Ninth Circuit rejected a petition for cancellation of the GOOGLE trademark based on a “genericide” theory that claimed Google should lose its trademark protection because the word “google” has become synonymous to the public with the term “search the internet.” (See Elliott v. Google, Inc., 2017 WL 2112311 (9th Cir. … Continue Reading
Somewhere between a well-recognized website design like Google’s home page and a fledgling e-commerce venture built with free web building software lives most other websites. Depending on the investment in the development and the operator’s design ethic, some websites may display unique, distinctive portals that are key to attracting and retaining customers. For those with … Continue Reading
A recent jury verdict of $770,750, in statutory damages for secondary trademark infringement against Bright Builders, a Web hosting and SEO service provider, will serve as a reminder to service providers that there is no statutory safe harbor for contributory online trademark infringement. Unlike the copyright infringement safe harbor provisions in the Digital Millennium Copyright … Continue Reading
In Gucci America, Inc. v. Laurette Co. No. 1:2008cv05065 (S.D.N.Y.), the luxury goods manufacturer succeeded in shutting down a Web site called "TheBagAddiction.com" through which the defendants sold counterfeit Gucci handbags. In fact, the defendants consented to the entry of judgment and admitted liability for trademark infringement. In a subsequently filed action, Gucci America, Inc. … Continue Reading
The Second Circuit decided to celebrate the one year anniversary of the oral argument in Rescuecom v. Google by issuing its long-awaited opinion. The court reversed the district court’s dismissal of the trademark owner’s Lanham Act claims, holding that “Google’s recommendation and sale of Rescuecom’s mark to Google’s advertisers, so as to trigger the appearance … Continue Reading
In a dispute between the operators of rival “amphibious sightseeing tours,” a panel of the First Circuit disagreed with the trial court’s conclusion that the phrase “duck tours” was non-generic, and vacated the entry of a preliminary injunction against the defendant’s use of the term. Boston Duck Tours, LP v. Super Duck Tours, LLC, 2008 … Continue Reading
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