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26 Aug, 2008 5:57 pm
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 ...
17 Aug, 2008 12:54 pm
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. Soilworks makes Durasoil and Soiltac, ... such as a deliberately false comparative claim, or the expenditure of substantial funds to promote the claim) to
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 ...
13 Jul 11:09 am
... a more recent decision dealing with Google'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 competitor websites did constitute initial interest confusion. However, Google was not
directly ... v. American Blind & Wallpaper, 2007 WL 1159950 (N.D. Cal. 2007). Fn3 Soilworks, LLC. V. Midwest Industrial Supply,
Inc., 575 F. Supp.2d 1118 (D. Ariz. ...
11 Jul 2:17 pm
... The 2nd Circuit's decision in Rescuecom is not the first that has found the potential for a federal civil suit based on 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' ... 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. ...
14 Jan 1:03 pm
... actually visiting Company A's, then there would be no confusion. As the District of Arizona noted last year, however, even though Brookfield has been criticized, it is still the law
of the Circuit and must be followed. Soilworks LLC v. Midwest Indus. Supply Inc., 575 F. Supp. 2d 1118. Not only is the use of metatags
infringing, it is willful and deliberate infringement, which allows the competitor to recover its attorney's fees and the ...
2 Aug 12:40 pm
... the nominative fair use defense. See New Kids on the Block v. News America Pub., Inc., 971 F.2d 302, 308 (9th Cir. 1992); Century 21 Real Estate Corp. v. Lendingtree, Inc., 425
F.23d 211 (3rd. Cir. 2005). 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),
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