Court Dismisses Keyword Search Advertising Case

Beast Sports v. BPI

Allegations: Beast Sports Nutrition bought keywords and displayed advertising messages when consumers searched for BPI Nutrition products.


  • Court said the ad copy, riot the ad word purchased "triggering" the copy, was the relevant element to review.
  • Beat Sports ads were clearly sponsored by Beast.
  • Created a clear "line" between Beast's advertisements and the consumer's search results.
  • Thus, no likelihood of consumer confusion, preliminary injunction denied.

Reese Witherspoon's Jewelry Company Sued for Copyright and Trademark Infringement

Jordann M. Weingartner, I Love Jewelry Auctions, and Jordann v. Draper James


  • Plaintiff created the "Magnolia Collection" and design in 2008, which it routinely used to advertise its goods.
  • Plaintiff believes the design is original and is not "functionally" a magnolia.
  • Defendant Draper James (a retailer of women's clothing and accessories, including jewelry and bags, and founded by celebrity Reese Witherspoon), created its own design used on store signage, on its website, and in social media.
  • Plaintiff sues for both copyright and trademark infringement and dilution.

Plaintiff's "Magnolia Collection" Logo

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Defendant's Logo

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Class Action re: Gap's "Sale" Advertising Dismissed

Misbah Etman et al. v. The Gap Inc.


  • Gap created the false impression that all items on a particular rack, table, or shelf were discounted.
  • By the time the customer realized the product was at full price, they were already "purchase committed," causing them to buy products they otherwise wouldn't have bought.

Tentative Holding:

  • Under CA law, plaintiff must, and did not, show actual injury.
  • Plaintiff was aware of the price of the product she was purchasing, so no monetary loss.

Judge Dismisses Harvey Keitel's $1.5MM Suit Against E-Trade for Breach of Talent Contract


  • E-Trade sent Keitel a term sheet to appear in commercials with a cover letter that said it was a "firm and binding offer."
  • Term sheet itself was labeled as non-binding.
  • Shortly thereafter, E-Trade "withdrew" the offer and offered a 10 percent kill fee.

Keitel's Argument: By offering a "kill fee," E*Trade acknowledged and admitted that it had an existing, binding, and enforceable contract with Mr. Keitel."

Holding: Term sheet was marked as non-binding, so there was no binding agreement.