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Preventing Trademark Infringement or Stifling Healthy Competition? A Look at 1-800 Contacts and its Keyword Advertising Battle

LexBlog IP

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

The defendant in that case had offered adapters for sale which enabled Nintendo games, that had been produced by third parties in circumvention of copy protection measures and downloaded from the internet, to be used on the Nintendo games console. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements.