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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 litigation ...

... 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 ... , including a distinctive pink Cadillac. Fn4 See Board of Supervisors for Louisiana State University v. Smack Apparel Co., 550 F.3d 465, 488 (5th Cir. 2008). There ... 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),

... recently 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 against ... s AdWords-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 ... 3d 936, 941 (9th Cir. 2002). Fn2 See, e.g., Google, Inc. v. American Blind & Wallpaper, 2007 WL 1159950 (N.D. ...