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Lens.com, Inc., 722 F.3d 1229, 1245-49 (10th Cir. 2013).) 1-800 Contacts’ bidding agreements, comprising nearly 80 percent of the online retail market for lenses, reached far beyond the brand’s property rights, restraining trade and harming consumers. [read post]
10 Feb 2015, 6:38 am by Rebecca Tushnet
Lens.com, Inc., 722 F.3d 1229 (10th Cir. 2013) and Network Automation, Inc. v. [read post]
11 Feb 2015, 1:32 pm by Eric Goldman
Lens.com, Inc., 722 F.3d 1229 (10th Cir.2013); Network Automation, Inc. v. [read post]
13 Mar 2009, 11:27 am
Lens.com Inc., 2:2007cv00591 (filed 08/13/2007) * 1-800 Contacts v. [read post]
28 Sep 2014, 10:00 am by Eric Goldman
Lens.com ruling, we may never see another successful initial interest confusion-keyword advertising case again. [read post]
19 Feb 2021, 2:30 pm by Rebecca Tushnet
Jeanne Fromer & Barton Beebe, NYU School of Law The Future of Trademark Depletion in a Global, Multilingual Economy: Evidence and Lessons from the European Union TMs transcend boundaries b/c brands transcend boundaries; even small businesses are often looking beyond borders to other countries. [read post]
29 Jun 2016, 6:54 am by Eric Goldman
Lens.com, Inc., 722 F.3d 1229 (10th Cir. 2013). * Nespresso USA, Inc. v. [read post]
12 Aug 2013, 9:33 am by Eric
Lens.com, the financial futility of keyword litigation, and Tre Milano. [read post]
22 May 2023, 7:46 am by Eric Goldman
Lens.com opinion, which held that a 1.5% clickthrough rate proved that there was NOT legally sufficient initial interest confusion because it was well below the standard 10-15% net confusion threshold courts normally require. [read post]
26 Nov 2018, 10:20 am by Eric Goldman
Starting in 2002 and continuing for about a decade, 1-800 Contacts systematically locked up many of its online contact lenses retail competitors into settlement agreements that prohibited the parties from bidding on each other’s trademarks at the search engines. [read post]