LexisNexis® Legal Newsroom
FREE DOWNLOAD: Recent German decision echoes the Perfect 10 and Parker cases, as well as ISP immunity.

On April 29, 2010, in the case of I ZR 69/08, the German Federal Supreme Court examined whether Google thumbnail images violated German copyright law. The decision echoes the cases of Perfect 10, Inc. v. Amazon.com, Inc. , 508 F.3d 1146 (9th Cir. Cal. 2007) and Parker v. Google , 242 Fed. Appx...

IP Updates – Facebook/MySpace Messages, Yahoo!’s Social Media, and Google Wi-Fi

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 Quon v. Arch Wireless . US District Judge Margaret...

Google & YouTube Not Liable For Copyright Infringement

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 Act (DMCA) where YouTube would remove allegedly...

Judge Grants YouTube Summary Judgment on Viacom’s $1 Billion Infringement Claim

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 service's motion for summary judgment...

Google Set To Change Its Trademark Policy Throughout Canada And Most Of Europe

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 and in substance - with a tendency toward...

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...

Bullivant Houser Bailey PC: Will Ninth Circuit Decision Open Floodgates on Bidding for Trademarked Keywords?

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 8, 2011) [ enhanced version / unenhanced version ...

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...

Fame, Flowers and Internet Advertising: CJEU Rules in Interflora

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 sponsored listings on search engines Background...

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 ...

Troutman Sanders LLP: Rosetta Stone Opinion Clarifies Standard for Trademark Infringement Claim in Keyword Advertising Context

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 lexis.com subscribers ], the U.S. Court of Appeals for the Fourth Circuit recently clarified the legal standard...

Jury Says Google Infringed, But It Can’t Agree On Fair Use

SAN FRANCISCO - (Mealey's) After five full days of deliberation, federal jurors in California issued a partial verdict yesterday in the closely watched copyright dispute over defendant Google Inc.'s Android software platform ( Oracle America Inc. v. Google Inc. , No. 10-3561, N.D. Calif.;...

Troutman Sanders LLP: Summary Judgment Awarded in First EDVA Trademark Decision Since Rosetta Stone

By Dabney Carr The Fourth Circuit's recent decision in Rosetta Stone v. Google , 2012 U.S. App. LEXIS 7082 (4 th Cir. April 9, 2012) [ enhanced version available to lexis.com subscribers ], discussed here , has apparently not chilled the EDVA's willingness to grant summary judgment in trademark...

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...

Jury Finds For Google On Oracle Patent Claims In California Federal Court

SAN FRANCSICO - (Mealey's) After seven days of deliberation, a California federal jury yesterday acquitted Google Inc. of patent infringement claims levied by Oracle America Inc. ( Oracle America Inc. v. Google Inc. , No. 10-3561, N.D. Calif.; See 5/21/12, Page 4). ( Verdict available. Document...

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"...

Fitch, Even, Tabin & Flannery LLP: District Court Denies Copyright Protection to API Names and Methods

By Fitch Even attorney Alisa C. Simmons On May 31, 2012, the district court for the Northern District of California issued a decision in Oracle America, Inc. v. Google Inc. , a significant case in copyright law. The court held that copyright cannot protect the names used in the Java programming language...

Unauthorized Use of Trademarks in Keyword Advertising

Rosetta Stone Ltd. v. Google, Inc ., 676 F.3d 144 (4th Cir. 2012) [ enhanced version available to lexis.com subscribers ] presented the Fourth Circuit with challenging questions involving federal trademark infringement and dilution claims in the context of Google's keyword advertising program. The...

Troutman Sanders LLP: Rosetta Stone and Google Settle Trademark Suit

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 here and here ), revolved around the treatment of...

Software Developer Files Trademark Complaint Over Google's 'Ripples'

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+ social network (RIPL Corp. v. Google Inc., No. 2...