Will the Latest Trademark Infringement Lawsuit Determine Whether the Use of Keywords Trademarked by Another Is Legal?

The battle over whether search engines can allow third parties to bid on and use keywords incorporating the trademarks of third parties has heated up once again, as blogged about at the Technology & Marketing Law Blog here.  American Airlines has filed a trademark infringement lawsuit against Yahoo and Overture d/b/a Yahoo! Search Marketing over its handling of keywords.  The counts include Lanham Act claims of trademark infringement, contributory trademark infringement, vicarious trademark infringement, false representation, dilution, equivalent Texas state law claims, and tortuous interference with contract.

Keyword Trademark Infringement: The Unauthorized Use of Trademarks as Keywords for Online Advertisements

Trademark attorney Brian Hall discusses the issue of the unauthorized use of trademarks in online keyword advertisements on Google Adwords and Yahoo! Search marketing. As keyword advertising continues to grow, the debate around the use of competitor and thrid party trademarks as keyword triggers and in advertising text heats up. Mr Hall represents trademark interests around the world and regularly advises clients regarding on-line trademark issues.  If you are wondering how to trademark your brand, monitor third party trademark infringement or want more information about enforcing your mark, contact one of our trademark attorneys for a free consultation or call 866.936.7447.

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Today’s program is brought to you by the attorneys at Traverse Legal, PLC, a global law firm specializing in Internet law, Trademark infringement, Copyright Infringement, Cybersquatting, On-Line Defamation, Non-Compete & Trade Secret Law and Complex litigation. If you have a legal matter arising on the web, contact one of Traverse Legal’s internet lawyers today.

DAMIEN: Welcome to the Traverse Legal Radio. Good morning and welcome to the VTalk Radio Tech Spotlight. I'm Damien Allen in the studio and on the phone we have Brian Hall. Brian Hall is an attorney with Traverse Legal, PLC. Brian's practice focuses on trademark matters including trademark clearances and registrations, opposition and cancellation proceedings in front of the TTAB, licensing issues, and federal court litigation. Brian also regularly handles domain dispute resolutions, internet law matters, and related business representation matters. Good afternoon and welcome to the program, Brian.

eBay's VeRO Program: The First Step To Protecting Your Trademark and Copyright Rights on eBay

One of the worst things that can happen to a creative person is finding out that someone else is infringing on your trademark or copyright.  After spending countless hours developing a work or branding your business, finding that another has pirated your intellectual property and good will can be disheartening.  Preventing trademark and copyright infringement on eBay is one of the more difficult problems an intellectual property holder can face because infringers will often create new accounts and relist or reuse infringing materials.  Thankfully, eBay has finally taken steps in the right direction to stop infringement with its new Verified Rights Owner (VeRO) program.  The VeRO program is the first step in protecting your intellectual property rights on eBay.

Attorney Threat Letters, Cease & Desist and Notice Letters Alleging Trademark Infringement: Understand Your Options & Risks

Traverse Legal Attorney Brian Hall discusses what you should do when you receive a trademark threat letter.  Listen as he reviews what a trademark threat letter is, why you would get a cease and desist threat letter, why trademark owners send threat letters, and what you should do when you receive a trademark threat letter.  Mr. Hall highlights trademark defenses, such as fair use, and other options you have when you receive a trademark threat letter.

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Someone Stole My Web Content! Is This Copyright Infringement?

Traverse Legal attorneys represent clients whose web content, web pages, on-line articles, white papers and blog posts have been stolen of simply 'cut and paste' from their web sites.  Often enough, the content thief is attempting to create website content and is not well versed in copyright law.  Sometimes, the content thief is by a domainer or web developer who is intentionally stealing otherwise copyright protected content in order to trick Google into better search engine results. In other cases, a direct competitor steals you web content in order to unfairly compete or divert your customers to their domain name.

Website developers and content providers know all too well the extent of this problem on the internet.   Traverse legal attorneys often suggest the following issues be addressed when stolen content becomes endemic.