Search Engine Advertising Trademark Claims
April 28, 2011
In <i>Network Automation, Inc. v. Advanced Systems Concepts, Inc.</i>, the Ninth Circuit: 1) expressly held that the use of a trademark as a search engine keyword for the purpose of triggering advertisements is a "use in commerce" of that trademark under the Lanham Act; but 2) vacated a preliminary injunction, finding that the district court's analysis of consumer confusion in the Internet context was too narrow.
Online Behavioral Advertising
April 28, 2011
The first quarter of this year has been marked by a rise of awareness and legal activity surrounding the question of behavioral, or targeted, advertising ' a significant area of operation and interest for e-commerce firms.
Watching You ' Steal My IP
April 28, 2011
Are you watching your online competitors, lest they steal your ideas, your customers, or both? How can an online firm learn when another firm is infringing its intellectual property?
Structuring Sweepstakes and Contests
April 26, 2011
Whether operated by a franchisor or a franchisee, contests involving skill or games of chance aimed at consumers are often an integral part of a promotional and brand-building effort. This article sets forth some key legal and practical issues you should consider when operating a promotion.
Social Media and Its Effects
April 24, 2011
In the legal world, the role of social media has become more prevalent in the last five years. Attorneys and their clients are grappling with how this emerging technology will affect their cases.
Med Mal News
April 22, 2011
Recent news of importance to you and your practice.
Enjoining Unlicensed Trademark Use By Terminated Franchisees
March 29, 2011
In a recent presentation to the Maryland State Bar Association's Franchise Law Committee, Stephen Vaughan and David Worthen, shareholders with Gray Plant Mooty, discussed how to obtain an injunction that will prevent unlicensed trademark use by a terminated franchisee, as well as strategies for fending off arguments commonly raised by franchisees when confronted with a motion for an injunction.
Federal Judge Calls Request for $75 Trillion in Damages in Lime Wire Case 'Absurd'
March 29, 2011
Does $75 trillion even exist? The 13 record companies that are suing file-sharing company Lime Wire for copyright infringement certainly thought so. When they won a summary judgment ruling last May, they demanded damages that could reach this mind-boggling amount, which is more than five times the national debt. Manhattan federal district court judge Kimba Wood, however, saw things differently. She labeled the record companies' damages request "absurd" and contrary to copyright laws.
