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"Google AdWords -- be careful what you bid for"
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- February 4 2010
Since the proliferation of the internet and online advertising, trademark owners have sought to prevent the unauthorized use of their marks as keywords for online advertising on search engines
Second Circuit resolves split between the circuits regarding sale of keywords to trigger sponsored links and "use in commerce" under the Lanham Act
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- April 10 2009
On April 3, 2009, the Second Circuit Court of Appeals handed down its decision in the matter of Rescuecom Corp. v. Google, Inc., reversing the United States District Court for the Northern District of New York’s dismissal of Rescuecom’s complaint on the grounds that it failed to state a valid claim for relief
UMG records v. Veoh Networks: Central District decides certain activities fall within a DMCA safe harbor
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- February 26 2009
In a recent case, UMG Recordings, Inc. v. Veoh Networks, Inc., 89 U.S.P.Q.2d 1449 (C.D. Cal. 2008), the Central District decided a question of first impressionwhether certain activities of a website operator fit within the section 512(c) safe harbor of the Digital Millennium Copyright Act ("DMCA") (found at 17 U.S.C. 512
UMG v. Augusto: allowing the sale of promotional CDs under the first sale doctrine could affect much more than the music industry
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- July 17 2008
In a decision that could have far-reaching implications for technology licenses of all types, the U.S. District Court for the Central District of California recently held that the first sale doctrine permits a recipient of promotional CDs to sell them online without violating the license pursuant to which the CDs were distributed and without being liable for copyright infringement
S.D.N.Y holds eBay not liable in closely watched trademark case
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- July 14 2008
In a July 14, 2008, decision addressing the issue of who bears the burden in policing counterfeiting on online auction sites, Judge Richard J. Sullivan of the Southern District of New York held that "it is the trademark owner's burden to police its mark and companies like eBay cannot be held liable for trademark infringement based solely on their generalized knowledge that trademark infringement might be occurring on their websites."
