Blog results - found 15
Just when the trademark lobby thought that it had recruited all footsoldiers in the battle against ICANN’s new gTLD programme, marketing and advertising professionals have now woken up. And they are coming out fighting, with threats appearing from advertising associations around the world.
It is one year until the London Olympic Games commence, but the organising committee is already facing plenty of trademark issues. Chief among them, say observers, is how to strike the balance between sensible trademark enforcement and overly aggressive enforcement that could damage the Olympics brand itself.
The latest opinion on keywords advertising could, if followed by the European court, have a significant impact on Google’s advertising model. The advocate general’s opinion in Interflora v M&S advises that a trademark owner can take action against an advertiser who attempts to benefit from the attractive force of the proprietor’s mark. This is the first time that such a high court has opined on a dispute between a trademark owner and advertiser, rather than examining Google’s role but it could deter advertisers from bidding on others’ trademarks.
Microsoft’s in-house counsel are tight-lipped regarding Bing’s position on trademark use in keyword ads. At the recent trademark symposium they hosted, the most they said was that the policy was “fluid”. But now Microsoft has announced that Bing is to adopt a Google-like trademark policy: advertisers on ‘Bingle’ will be able to purchase keywords relating to trademark terms. This is a huge shift in search: simultaneously a vindication of Google’s business model and a nod of admiration for the company that monetised other peoples’ trademarks.
The US trademark registration for TORRENTREACTOR is awash in irony. The mark is used as the name of a website which, by allowing users to offer pirated software, music and films, operates at the forefront of the dismantling of copyright. And now this trademark has been invoked to help its owner win a UDRP case at WIPO.
While disputes over Google's AdWords policy rage on, Verizon, HP and RadioShack each appear to have paid Twitter to promote their messages whenever a user searches for the term 'Apple'. Is Twitter set to become the new trademark battleground?
Newly unredacted court documents reveal that Google was aware in 2004 that use of trademarks in sponsored link text resulted in a "high" degree of consumer confusion, with 94% of users confused “at least once” during the company’s own study. The papers, filed by Rosetta Stone in its ongoing appeal, also disclose that Google had predicted that the policy change that allowed for the use of trademarks in sponsored links could result in an additional $1 billion in revenue for the search engine.
WIPO has admitted that potentially infringing use of its name and logo has increased since its corporate rebrand earlier this year. The frequency of scams and fraud committed against Madrid system users has reached a plateau, but potentially infringing websites are still live and trademark owners are still receiving fraudulent invoices.
While WTR sparks to life a forthcoming feature on zombie brands, IP attorneys in the United States are considering this terrifying tale of trademark enforcement: a successful Pennsylvanian Hallowe'en experience is suing a not-for-profit competitor in Maryland for trademark infringement. They both use the mark FIELD OF SCREAMS.
Google has rejected calls to work more closely with brand owners and today liberalises its AdWords programme in Europe. The new rules, which allow advertisers to include third-party trademark terms in ad text, have been "strongly criticised" by trademark owner groups.
Immediately after the ECJ published its controversial Google AdWords judgment earlier this year, WTR asked whether there were any compelling reasons for Google to come to the table and work with trademark owners. Now we know the answer is a firm no - Google has announced it will expand its trademark policy in Europe, allowing advertisers to use trademark terms as keywords.
If you thought that Chanel's registration for NO 5 in Class 3 was enough to stop a competitor registering NO 6 in the same class, think again. The USPTO has just rejected Chanel's opposition to the NO 6 mark, in a move that could stop owners of famous brands in their tracks.
While rum drinkers can tell that if it looks like a duck, swims like a duck and quacks like a duck then it probably is a duck, brand owners accustomed to arguing that their trademarks function primarily as source identifiers will read the most recent HAVANA CLUB rum judgment with dismay.
Trademark owners' costs have just shot through the roof, with the judgment of the Court of Justice of the European Union in the joined Google keywords cases placing a heavy strain on mark holders' budgets.
Practitioners are awaiting the decision of the Court of Justice of the European Union on whether Google's business model of selling adverts based on trademark terms constitutes infringement.
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