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Trademark owners have sued both search engines and advertisers who purchase the keywords, alleging that the use of their trademark in this capacity creates a likelihood of confusion among consumers. Alternatively, should trademark owners have a responsibility to aggressively protect their intellectual property?
The court starts its trademark analysis nostalgically: “Turn back the clock to the Internet’s nascent age—1999.” The court recounts the perennially problematic Brookfield case and how the 2004 Playboy v. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.
Putting an End to some long standing Trademark Disputes Some of the longest-running battles in Indian TrademarkLaw have finally reached their conclusions! While these cases raised critical questions in TrademarkLaw, what truly unites them is the sheer time it took for the courts to deliver a verdict.
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