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19 Apr, 2007 9:42 pm
By Eric Goldman Google, Inc. v. American
Blinds & Wallpaper Factory, Inc., C 03-5340 JF (N.D. Cal. April 18, 2007) The ...
he could to divine the Ninth Circuit's intent from its garbled Brookfield and Playboy v. Netscape precedents. Based on those, he ultimately concludes that the Ninth Circuit
implicitly had ... argument is absolutely correct as a matter of logic, but the judge is bound by the silly Playboy v. Netscape precedent where the Ninth Circuit did a (very
messy) Sleekcraft analysis on very ...
1 Jul, 2007 2:01 pm
By Eric Goldman Google Inc. v. American
Blind & Wallpaper Factory, Inc., 2007 WL 1848665
(N.D. Cal. June 27, 2007) The Google v. American Blinds trial is scheduled to start
November 9, 2007. Last week, Google won a ... , American Blinds allegedly was bidding on
competitor trademarks when it brought the lawsuit), "it will be deemed judicially established that American Blinds bids on its
competitors' trademarks with the deliberate purpose and intent of attempting to entice persons who are ...
31 Aug, 2007 5:43 pm
By Eric Goldman Google Inc. v. American
Blinds & Wallpaper Factory Inc., 5:03-cv-05340-JF (N.D. Cal. settled August 31 ...
it had a judge declare two of its purported trademarks unenforceable, and it wrote a check to Google as a sanction for mismanaging the
discovery process. Some purists may be disappointed that we won't ... bet. UPDATE: I have posted a copy of the settlement agreement. UPDATE 2: According to the Recorder, American Blinds says it gave up the case "for financial reasons" and because ...
3 Jul, 2007 8:45 am
Case: Google Inc. v. American Blind & Wallpaper Factory, Inc. (N.D. Cal. C.V. 03-5340
JF 4/18/07) The ... of California District Court Judge Jeremy Fogel held the sale of trademarked items in Google's AdWorks program is a use in
commerce for purposes of the Lanham Act. (The remainder of the Court's ... , the Court saw "evidence of confusion" as the most significant. In that regard, the Court considered and
rejected Google's attack on ABWF's reliance on an expert survey report. The Court found the ...
24 Aug, 2007 6:08 am
... in this blog: NJ Court Allows Trademark Claims Based on Purchasing a Competitor's Unregistered Trademark as a Keyword for Internet Advertising (Buying for the Home v. Humble
Abode, D.N.J. 3:03-cv-02783-JAP-TJB (10/20/06)) California District Court Holds That Google's Sale of Trademarked Terms In Its AdWords Program
is a Use in Commerce for Purposes of the Lanham Act (Google Inc. v. American Blind & Wallpaper Factory, Inc. (N.D. Cal. C.V. 03-5340 JF 4/18/07))
16 Oct, 2006 5:53 pm
... What They Were Fighting About: Plaintiff Rescuecom had a registered trademark for Rescuecom. It claimed that Google had infringed its
trademark by allowing competitors to use Rescuecom as a search term for their competitive ... Rules of Civil Procedure. District Court Holdings: The district court granted defendant
Google's motion to dismiss under rule 12 (b)6 of the Federal Rules of ... WL 737064 (D. Minn. March 20, 2006) and Google v. American Blind and Wallpaper Factory, Inc. 2005 WL 832398 (N.D. Cal. ...
1 Oct, 2007 11:31 pm
... advertisers and trademark owners. Several filed suit against Google for trademark infringement, including GEICO, American Blinds and Wallpaper Factory, and most recently, ... using its trademark. Since the Internet
is still a largely unregulated and unlitigated area, American may simply be preemptively defending its trademark against more egregious
infringements. IV ... 4, 2007, [www.computerworld.com] [15] Id. [16] Government Employees Ins. Co. v. Google, Inc., No. 1:04cv507, 2005 WL 1903128, at *1-7, 7 ...
22 Jun, 2007 11:18 am
... Blinds and Google should be of interest to structured settlement industry stakeholders. Google, Inc. v. American Blinds & Wallpaper Factory, Inc., C 03-5340 JF (N.D. Cal. April 18, 2007) The suit revolves around Google's policy of letting AdWords advertisers bid on trademarked terms as the keywords that trigger the pay- ... At the end of May, U.S. District Court judge
Jeremy Fogel denied Google's motion to dismiss the suit and put the case on the fall docket in the Northern District of ...
14 Nov, 2007 1:47 am
... a court might refuse to find that receipt of such a letter triggered an obligation to preserve. Google Inc. v. American Blind & Wallpaper Factory, Inc., 2007 WL 1848665 (N.D. Cal. June 27, 2007); Cache La Poudre Feeds, LLC. V.
Land O'Lakes, Inc., 2007 WL 684001 (D. Colo. Mar. 2, 2007). The decisions by Magistrate Judges Seeborg and Shaffer in Google and Cache, respectively, are rich sources of learning regarding preservation and production, but this post will focus on ...
28 Apr, 2007 6:00 am
A search engine's sale of a trademark term as an advertising keyword to a competitor of the trademark owner constitutes actionable trademark use under the Lanham Act. Google, Inc. v. American Blind & Wallpaper Factory, Inc., No. C 03-5340 (N.D. Cal. Apr.
... that it was implicit in the leading Ninth Circuit Court of Appeals opinion on the issue, Playboy Enterprises v. Netscape, 354 F.3d 1020 (2004), that the practice of "keying"
sponsored Internet banner ads tied ...
2 Jul, 2007 1:16 pm
Google Inc. v. Am. Blind & Wallpaper Factory, Inc., 2007 WL 1848665 (N.D. Cal. June 27, 2007) In this trademark litigation,
Google sought terminating, evidentiary, or monetary sanctions ... . After it expressed concern about possibly waiving privilege if it divulged
what was done to comply with its discovery obligations, the court ordered American Blind to provide
declarations from its employees stating "what they did with respect to preserving and collecting documents" without regard to the ...
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