LexisNexis® Legal Newsroom
The Keyword Plot Thickens as the Internet Troika Suffers Its Demise at the Hands of the Sleekcraft Factors: Ninth Circuit Addresses Confusion and Keywords

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 much like posting a sign with another's trademark...

Are Universities Super-Sizing Copyright Infringement? Authors Guild Makes the Case in Suing HathiTrust/Universities for Google-Aided Digitization of Library Collections

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

Fourth Circuit Offers Google Some Unfavorable “Keywords” in Rosetta Stone’s Trademark Appeal

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 version available to lexis.com subscribers ...

Lower Case “i” Stymies Groupion’s Trademark Claim against Groupon

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 disagreement! If Louis were alive today, he might...

If the Google Trademark Falls as Generic, Could Jessica Simpson Be Far Behind?

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 CNN.com, between the major headlines, "Scientists confirm 'old person smell'" (finally!) and "Kid feels 'dizzaaay,' hilarity ensues"...