Download or read book Sponsored Links and Trademark Infringement written by Daniel Kalisch and published by GRIN Verlag. This book was released on 2011-08-24 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2011 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 16/20 , Leuven Catholic University (Faculty of Law), course: LL.M. Program, European IP Law & Business Law, language: English, abstract: ISP’s legal liability under trademark law with regards to Keyword Advertising is not well developed in literature and jurisdiction. Despite some few judgments in this field, it is obvious that also in other areas of law national courts do mainly focus on ISP’s secondary liability without any clear distinction from primary liability. There seems to be also some hesitation to base a primary liability on a failure to act. For that reasons this paper analyses primary liability of an internet reference provider like Google (TM) for Keyword Advertising under Art. 5 EU Trademark Directive taking into account not only positive activities but also a failure to act. Apart from storing Keywords and displaying ads also other contributions of Google like its Keyword Tool and approval process for ads or the ISP’s knowledge of infringements are contemplated. Starting point of the investigation is the recent decision of the ECJ to Google Adwords (TM)from 23.3.2010 where the court held that the provider can not be liable for a trademark infringement as the ISP did not use a sign itself in own commercial communication. The author goes beyond this judgment and suggests to apply this new criterion of attribution to all forms of trademark uses within the entire Art. 5 EU Trademark Directive including an omission of the provider. By establishing a link between Ecommerce Directive and Trademark Directive the writer defines the scope of trademark protection and examines some minimum requirements to identify a trademark infringement of the ISP. This is absolutely a new method as no literature exists. As a first main result it was found that Google is not directly engaged in a trademark infringement by its positive actions. By contrast, the research made clear that actual knowledge of ongoing infringements is the core element to establish a primary liability for a failure to stop or prevent trademark infringements and makes the ISP use a trademark itself in its own communication. This paper shall contribute to define a clear distinction between direct and indirect infringements and it also wants to sensitize the reader for the legal importance and consequences of actual knowledge of the ISP.
Download or read book Sponsored Links and Trademark Infringement written by Daniel Kalisch and published by GRIN Verlag. This book was released on 2011-08-30 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2011 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 16/20, Leuven Catholic University (Faculty of Law), course: LL.M. Program, European IP Law & Business Law, language: English, abstract: ISP's legal liability under trademark law with regards to Keyword Advertising is not well developed in literature and jurisdiction. Despite some few judgments in this field, it is obvious that also in other areas of law national courts do mainly focus on ISP's secondary liability without any clear distinction from primary liability. There seems to be also some hesitation to base a primary liability on a failure to act. For that reasons this paper analyses primary liability of an internet reference provider like Google (TM) for Keyword Advertising under Art. 5 EU Trademark Directive taking into account not only positive activities but also a failure to act. Apart from storing Keywords and displaying ads also other contributions of Google like its Keyword Tool and approval process for ads or the ISP's knowledge of infringements are contemplated. Starting point of the investigation is the recent decision of the ECJ to Google Adwords (TM)from 23.3.2010 where the court held that the provider can not be liable for a trademark infringement as the ISP did not use a sign itself in own commercial communication. The author goes beyond this judgment and suggests to apply this new criterion of attribution to all forms of trademark uses within the entire Art. 5 EU Trademark Directive including an omission of the provider. By establishing a link between Ecommerce Directive and Trademark Directive the writer defines the scope of trademark protection and examines some minimum requirements to identify a trademark infringement of the ISP. This is absolutely a new method as no literature exists. As a first main result it was found that Google is not directly engaged in a trademark infringement by its positive actions. By contras
Download or read book Crs Report for Congress written by Congressional Research Service: The Libr and published by BiblioGov. This book was released on 2013-10 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of trademarks in connection with Internet-based advertising has sparked disputes between trademark owners, advertisers, and Internet search engine operators over whether such activity violates federal trademark law. Specifically, trademark owners have expressed concern over the sale of their trademarks by Internet search engines to third parties that want to have "banner" advertisements, "sponsored links," or "sponsored results" appear on a search results Web page when those trademarked words are entered as a search query. For example, the shoe company Reebok may purchase the trademark "Nike" from the Internet search engine Google as a "keyword." If a consumer conducts a search for the term "Nike" on Google's website, the consumer would be presented with paid advertisements for Reebok's products in the right-hand margin of the Web page immediately next to the search results for Nike's shoes and apparel. Whether the use of trademarks as "keywords" that trigger such online advertisements constitutes actionable trademark infringement is a question that has been the subject of much litigation over the past five years. However, to date there have been very few final court rulings on the legality of keyword advertising; most cases have involved rulings from judges on procedural pre-trial motions filed ...
Download or read book Trademark and Deceptive Advertising Surveys written by Shari Seidman Diamond and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Second edition of Trademark and Deceptive Advertising Surveys"--
Download or read book The Advertising Law Guide written by Lee Wilson and published by . This book was released on 2000 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This reference offers coverage of the day-to-day legal issues faced by anyone working in the advertising field. Veteran intellectual property lawyer Lee Wilson seeks to make the law accessible for the lay reader, offering details on copyright considerations, trademarks, libel, privacy and publicity issues, advertising on the Internet, guidelines for marketing to children and the elderly, and complying with FTC regulations. Also included are checklists to help advertisers assess the legality of their designs, plus several form agreements.
Download or read book The Law of Electronic Commerce written by Jane K. Winn and published by Wolters Kluwer. This book was released on 2000-01-01 with total page 2519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation New edition of a study of the law of electronic commerce, which requires the simultaneous management of business, technology and legal issues. Winn (law, Southern Methodist U.) and Wright (a business lawyer in Dallas) present 21 chapters that discuss introductory material such as business and technologies of e-commerce, getting online, jurisdiction and choice of law issues, and electronic commerce and law practice; contracting; electronic payments and lending; intellectual property rights and rights in data; regulation of e-business markets; and business administration. Presented in a three-ring binder. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Download or read book Software and Internet Law written by Mark A. Lemley and published by Aspen Publishing. This book was released on 2014-12-09 with total page 1724 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the first casebooks in the field, Software and Internet Law presents clear and incisive writing, milestone cases and legislation, and questions and problems that reflect the authors' extensive knowledge and classroom experience. Technical terms are defined in context to make the text accessible for students and professors with minimal background in technology, the software industry, or the Internet. Always ahead of the curve, the Fourth Edition adds coverage and commentary on developing law, such as the Digital Millennium Copyright Act's Safe Harbor, the Electronic Communications Privacy Act, and the Stored Communications Act. Hard-wired features of Software and Internet Law include: consistent focus on how lawyers service the software industry and the Internet broad coverage of all aspects of U.S. software and internet law;with a focus on intellectual property, licensing, and cyberlaw The Fourth Edition responds to this fast-changing field with coverage of : the Digital Millennium Copyright Act's Safe Harbor the Electronic Communications Privacy Act the Stored Communications Act Hot News; Misappropriation Civil Uses of the Computer Fraud and Abuse Act
Download or read book Comparative Advertising Disparagement and Trademark Infringement written by Saadiya Suleman and published by . This book was released on 2018 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advertising pervades society and has become a persuasive force working on collective mentality of the public affecting their behaviour. Advertisements create brand image and reinforce it time and again. Traditionally, advertisers sought to present their goods and services in the most favourable light as possible, attempting to influence the public by highlighting the merits of their product or services. However, the early seventies of the last century, ushered a new era of advertising wherein comparative advertisements and commercials identified the competitors products by name. This has created new issues relating to unfair competition, disparagement and trademark infringement. For the purpose of proclaiming his goods as being the best in the world one might be tempted to compare the advantages of his goods over the goods of others. However, while saying his goods are better than his competitors', can one be allowed to say that the competitors' goods are bad? Does that not amount to slandering/disparaging the goods of his competitors? What if the goods advertised are actually better in quality than those of the competitors? Can a seller use a competitor's trademark in advertisement while comparing the relative qualities of the competitive goods? Or would such use for the purpose of distinguishing and claiming superiority over the competitors' product, in the course of advertisement without the permission of the trademark owner constitute trademark infringement? The paper seeks to analyse the intricacies of law involved in the concept of comparative advertising in relation with product disparagement and trademark infringement.
Download or read book Essential Law for Marketers written by Ardi Kolah and published by Kogan Page Publishers. This book was released on 2013-01-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essential Law for Marketers doesn't assume any prior knowledge and has been designed to make UK and EU laws and regulations accessible for marketers at all levels. Jargon-free and easy to follow, it's widely acknowledged by professional bodies and legal experts as a masterful digest of all the main legal principles that need to be understood by sales and marketing professionals working in Europe. Written by one of the world's leading experts of sales and marketing law, this updated second edition of Essential Law for Marketers helps steer the reader through the legal minefield and provides unique strategies for using the law as a sales and marketing weapon in order to achieve competitive advantage. It covers making agreements; making statements in sales and marketing; legal barriers to market entry; legal requirement for sales and marketing activities; direct marketing and direct selling; EU Privacy and Electronic Communications Regulations; sales and price promotions; prize promotions and incentives and sponsorship and hospitality.
Download or read book Trademark Law and the Economics of Competition written by Elizabeth P. Warner and published by . This book was released on 2004 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The growth of the Internet as a commercial medium has brought about new concerns in terms of the future of intellectual property law. The newest form of advertising, keyword advertising, has created much controversy within the legal system. In the latest case, Google, Inc. v. American Wallpaper and Blind Factory, Google has requested that courts make a decision as to what constitutes infringement in terms of the sale of keywords for advertising on the Internet. The case is still in pending process. Through an economic analysis of trademarks and advertising on the Internet, this paper seeks to demonstrate that the sale of trademarked keywords does not in fact infringe on a trademark owner's rights"--Abstract.
Download or read book Research Handbook on the Law and Economics of Trademark Law written by Glynn S. Lunney Jr. and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning and detailed Research Handbook examines the law of trademarks, unfair competition, and dilution from a variety of law and economics perspectives. With a comprehensive exploration of trademarks and trademark law, it provides an excellent illustration of the analytical diversity that the law and economics approach can bring to legal issues.
Download or read book Digital Media Law written by Ashley Packard and published by John Wiley & Sons. This book was released on 2012-06-25 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the latest legal updates and rulings, the second edition of Digital Media Law presents a comprehensive introduction to all the critical issues surrounding media law. Provides a solid foundation in media law Illustrates how digitization and globalization are constantly shifting the legal landscape Utilizes current and relevant examples to illustrate key concepts Revised section on legal research covers how and where to find the law Updated with new rulings relating to corporate political speech, student speech, indecency and Net neutrality, restrictions on libel tourism, cases filed against U.S. information providers, WikiLeaks and shield laws, file sharing, privacy issues, sexting, cyber-stalking, and many others
Download or read book Legally Branded written by and published by Shireen Smith. This book was released on with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book False Advertising and the Lanham Act written by Thomas M. Williams and published by OUP USA. This book was released on 2012-06-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In False Advertising and the Lanham Act: Litigating Section 43(a)(1)(B), Thomas Williams addresses false advertising claims under Section 43(a)(1)(B) of the Lanham Act. The book covers established precedent and Section 43(a) false advertising case law, including key decisions where courts have developed essential analytical tools to flesh out sparse statutory language.
Download or read book AdWords For Dummies written by Howie Jacobson and published by John Wiley & Sons. This book was released on 2011-05-04 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: AdWords lets every business-from eBay PowerSellers to Fortune 500 companies-create targeted, cost-efficient advertising campaigns on the Web, and accounts for the bulk of Google's $6 billion in annual revenues This all-new guide helps advertisers get a handle on AdWords complexities and nuances, adopt AdWords best practices, and turn clicks into ka-ching! Topics covered include conducting quick and cheap market research, crafting a message that cuts through the clutter, choosing AdWords settings, bidding on keywords, setting a maximum daily spend, improving the Web page that an ad points to, testing strategies, tracking results, and using Web analytics tools Includes an exclusive offer from Google-AdWords credits equivalent to the price of the book-plus a companion Web site with up-to-the-minute AdWords tips and tricks, narrated video walkthroughs, and free trials of the author's software
Download or read book Intellectual Property Legal Opinions written by Thronson, Roth, Grossman and published by Wolters Kluwer. This book was released on with total page 1403 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademark Infringement Remedies written by Brian E. Banner and published by ABA Section of Law Practice Management. This book was released on 2006 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt:
