Intellectual Property

Recent Posts

Are Universities Super-Sizing Copyright Infringement? Authors Guild Makes the Case in Suing HathiTrust/Universities for Google-Aided Digitization of Library Collections
Posted on 14 Sep 2011 by Travis Burchart

According to a recent complaint filed by the Authors Guild, several Universities and the HathiTrust are engaging in " of the largest copyright infringements in history." The lawsuit concerns Google's on-going digitization of university... Read More

Software Developer Files Trademark Complaint Over Google's 'Ripples'
Posted on 26 Dec 2012 by LexisNexis® Mealey's™ Legal News

SEATTLE - Google Inc. was hit with a trademark infringement lawsuit on Nov. 21 when a Seattle-based software development firm alleged that the Internet and technology giant infringed its trademark with the "Ripples" feature on its Google... Read More

Tags: Google

Fourth Circuit Offers Google Some Unfavorable “Keywords” in Rosetta Stone’s Trademark Appeal
Posted on 9 Apr 2012 by Travis Burchart

Rosetta Stone's trademark/keyword lawsuit against Google was given new life today when the Fourth Circuit vacated in part an order granting Google summary judgment. Rosetta Stone v. Google, Inc ., 2012 U.S. App. LEXIS 7082 (4th Cir. 2012) [ enhanced... Read More

Lower Case “i” Stymies Groupion’s Trademark Claim against Groupon
Posted on 22 May 2012 by Travis Burchart

Letters are always getting in the way of social harmony. Remember the Louis Armstrong song, Let's Call the Whole Thing Off: You like potato and I like potahto You like tomato and I like tomahto, Dang letters always causing some kind of... Read More

Google Set To Change Its Trademark Policy Throughout Canada And Most Of Europe
Posted on 2 Sep 2010 by Scott Pickett

On September 14, 2010, Google is set to change its controversial AdWords policy for Canada, the United Kingdom, Ireland and most of the rest of Europe. 1 In recent years, Google has systematically altered its AdWords trademark policy - both geographically... Read More

Tags: Canada , AdWords , Google

Google & YouTube Not Liable For Copyright Infringement
Posted on 24 Jun 2010 by Peter S. Vogel

Viacom lost its $1 billion lawsuit against Google and YouTube for alleged copyright infringement when a judge granted summary judgment. YouTube's defense was that it used the "safe harbor" protection of the Digital Millennium Copyright... Read More

Fame, Flowers and Internet Advertising: CJEU Rules in Interflora
Posted on 9 Nov 2011 by Anthony Trenton and Darren Meale

By Darren Meale , Associate and Anthony Trenton , Partner SNR Denton UK LLP The Court of Justice of the European Union (the CJ) has broadly approved the use by advertisers of their competitors' famous trade marks to trigger the display of... Read More

IP Updates – Facebook/MySpace Messages, Yahoo!’s Social Media, and Google Wi-Fi
Posted on 7 Jun 2010 by Peter S. Vogel

Messages on Facebook & MySpace are Protected Information A Judge ruled that Facebook wall postings and MySpace comments may not be subpoenaed based on the 1986 Stored Communications Act which is the same statute before the US Supreme Court in... Read More

Troutman Sanders LLP: Rosetta Stone Opinion Clarifies Standard for Trademark Infringement Claim in Keyword Advertising Context
Posted on 19 Apr 2012 by Troutman Sanders

By Douglas "Doug" D. Salyers , James Moore Bollinger , Mark S. VanderBroek and Michael "Mike" D. Hobbs Jr. In Rosetta Stone v. Google [ enhanced version available to subscribers ], the U.S. Court of Appeals for the Fourth... Read More

Bullivant Houser Bailey PC: Will Ninth Circuit Decision Open Floodgates on Bidding for Trademarked Keywords?
Posted on 16 Mar 2011 by Bullivant Houser Bailey PC

By Daniel T. Rockey In an opinion that will cause many companies to rethink their Internet advertising strategies, the 9th Circuit Court of Appeals held in Network Automation, Inc. v. Advanced Systems Concepts , Inc. , Case No. 10-55840 (March... Read More

Troutman Sanders LLP: Rosetta Stone and Google Settle Trademark Suit
Posted on 15 Nov 2012 by Troutman Sanders

By Megan Rahman Rosetta Stone Inc. and Google Inc. settled their trademark infringement suit Wednesday [Oct. 31st] in the Eastern District of Virginia (case no. 1:09-cv-00736). The suit, filed by Rosetta Stone (and previously posted about here and... Read More

Judge Grants YouTube Summary Judgment on Viacom’s $1 Billion Infringement Claim
Posted on 25 Jun 2010 by Mark Rogers

NEW YORK - (Mealey's) A "general awareness" of infringing activity on its Web site is not sufficient to find YouTube Inc. guilty of any copyright infringement claims, a New York federal judge ruled June 23, granting the online video-sharing... Read More

Unauthorized Use of Trademarks in Keyword Advertising
Posted on 17 Jul 2012 by Mary LaFrance

Rosetta Stone Ltd. v. Google, Inc ., 676 F.3d 144 (4th Cir. 2012) [ enhanced version available to subscribers ] presented the Fourth Circuit with challenging questions involving federal trademark infringement and dilution claims in the context... Read More

If the Google Trademark Falls as Generic, Could Jessica Simpson Be Far Behind?
Posted on 31 May 2012 by TravisBurchart

No offense to you, Jessica Simpson, but since your pregnancy/baby's birth, you're in far too many places. Here she is this morning on, between the major headlines, "Scientists confirm 'old person smell'" (finally!) ... Read More

The Keyword Plot Thickens as the Internet Troika Suffers Its Demise at the Hands of the Sleekcraft Factors: Ninth Circuit Addresses Confusion and Keywords
Posted on 14 Mar 2011 by Travis Burchart

It is not too early to wax nostalgic about the Internet and trademark infringement. It seems so long ago that the Ninth Circuit, in discussing metatags and initial interest confusion, said: Using another's trademark in one's metatags is... Read More