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26 Aug, 2008 5:57 pm by Eric
By Eric Goldman Soilworks, LLC v. Midwest Indus. Supply, Inc., 2008 WL 3286975 (D. Ariz. Aug. 7, 2008) All too frequently, we get an opinion where the judge clearly didn't grasp current implementations of keyword advertising and metatagging. Often, it's simply a bad luck of the draw; in other cases, the defense lawyers may have failed to educate the judge properly (IMO, the Axiom case is an example of the latter). This opinion, an outgrowth of patent ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
11 Jul 2:17 pm by David Johnson
... an advertiser's use of a competitor's trademark as a Google keyword. In a recent decision in Soilworks, LLC v. Midwest Industrial Supply, Inc. (Fn 4), an Arizona District Court found that an advertiser's use of a competitor's trademark as ... , and may well have altered the practices at issue in the Rescuecom suit. Fn3 In particular, 1-800 Contacts, Inc. v. WhenU.com, Inc., 414 F.3d 400 (2d. Cir. 2005). Fn4 Soilworks, LLC v. Midwest Industrial Supply, Inc., 575 F. Supp.2d 1118, 1129 (D. Ariz. 2008).
Digital Media Lawyer Blog - http://www.digitalmedialawyerblog.com/
17 Aug, 2008 12:54 pm by Rebecca Tushnet
Soilworks, LLC v. Midwest Industrial Supply, Inc., 2008 WL 3286975 (D. Ariz.) The parties compete in the market for soil erosion and dust control products. ... favor. The three "key" internet factors under one of the main cases, GoTo.com, Inc. v. Walt Disney Co., 202 F.3d 1199, 1205 (9th ... think that consumers cared about whether Soilworks was the manufacturer of Durasoil. Nonetheless, while barring Midwest from recovering damages on the claim because it failed to show causation and injury, the court ...
43(B)log - http://tushnet.blogspot.com/index.html
13 Jul 11:09 am by David Johnson
... performed a test of this defense to a claim of initial interest confusion in the 2007 case Google, Inc. v. American Blind & Wallpaper. In that case, it filed a motion for declaratory relief ... -related search practices, an Arizona District Court in Soilworks, LLC. V. Midwest Industrial Supply, Inc. (Fn 3), found that the use of trademarks to return links to competitor ... @jmbm.com. Notes: Fn1 See Interstellar Starship Services, Ltd. v. Epix, Inc., 304 F.3d 936, 941 (9th Cir. 2002). Fn2 See, e.g., ...
Digital Media Lawyer Blog - http://www.digitalmedialawyerblog.com/
2 Aug 12:40 pm by David Johnson
... Kay is fresh off a victory in a similar trademark suit filed against another reseller in Mary Kay, Inc. v. Weber. (Fn2) However, pre-trial rulings against Mary Kay in that case indicate ... Inc., U.S.D.C., Northern District of Texas, No. 9:09CV1278. Fn2 Mary Kay, Inc. v. Weber, U.S.D.C., Northern District of Texas, Case No. 3:08-CV- ... Fn5 For a case finding that the use of keywords constituted infringement, see Soilworks, LLC v. Midwest Industrial Supply, Inc., 575 F. Supp.2d 1118 (D. Arizona 2008),
Digital Media Lawyer Blog - http://www.digitalmedialawyerblog.com/
19 May 7:34 am
... the proper construction lied with Scripps Clinic & Research Foundation v. Genentech, Inc., 927 F.2d 1565, 1583 (Fed. Cir. 1991), which stated that ... the bounds of the patent right. This court cannot simply ignore as verbiage the only definition supplied by the inventor. ------------------ Newman's Dissent (Joined by Mayer and Lourie) Heretofore a new product ... Fed. Cir. 1988)(Markey, C.J.)(en banc in part); Midwest Industries, Inc. v. Karavan Trailers, Inc., 175 F.3d 1356 (Fed.Cir.1999)(Bryson ...
Two-Seventy-One Patent Blog - http://271patent.blogspot.com
22 Jan, 2008 3:19 am
... cv-00917 Koon Chun Hing Kee Soy & Sauce Factory Ltd. vs. Midwest Global Food Distributors LLC filed 02/16/07 closed 07/25/ ... :07-cv-03389 Rieke Corporation v. American Flange & Manufacturing Co. Inc. filed 06/14/07 1:07-cv-03422 Nashua Corporation v. ... /07 1:07-cv-03897 Square D Company v. Gaffney-Kroese Supply Corporation filed 07/11/07 1:07-cv-03993 Aguila Records, ... :07-cv-04977 SMW Autoblok Spannsysteme GmbH et al v. Clausing Industrial, Inc. filed 09/04/07 1:07-cv-05012 Reproductive Options ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
13 Nov, 2008 11:00 pm by Lucas A. Ferrara, Esq.
... A soulful instrument that is both powerful yet strikingly vulnerable; an engaging gift that transcends musical genres and industry trends. For acclaimed singer/performer Elisabeth Withers, that voice and a fierce spirit garnered her a prestigious Tony ... At first glance, music seemed like an unlikely path for a young and confident Elisabeth. Raised in a middle class, Midwest household, where her mother excelled as a mathematical engineer and her father was a political powerbroker, an interest in ...
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
10 Apr, 2008 9:20 am by Rich
... from the journal (sorry.. I think you have to subscribe to see it) that shows just how backwards the US supply chain is.. literally: "There are some places, particularly in the Midwest, where there's a complete lack of containers," says Philip Damas, the head of container research ... bottom line. So, like vietnam, it looks like you can count on the bandaid for the timebeing coming from the air cargo industry. Hint.. hint… buy air cargo stocks That is, if they can actually get the birds in the air. ...
All Roads Lead To China - http://www.allroadsleadtochina.com
         
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