Katzmann J has ruled that keywords are not trade mark use, but found some of the sponsored links themselves infringed.
Just in time for the 2015 Copyright Symposium, the Second Circuit Court of Appeals has ruled that the Google Books Project is “fair use” of copyright and so not infringing. Judgment here (pdf). Opinion authored by Circuit Judge Leval. Eleanora of the IPkats first look here; Rebecca Tushnet focuses on the fourth factor discussion here. The “four factors” from §107 are: (1) the purpose and character of the use, including whether such.. Read More
The Way of the Warrant: Google has published a video on how it deals with search warrants
Marks & Spencer has been found to have infringed Interflora’s trade mark in the UK by ‘buying’ ads triggered by Google searches for the keyword INTERFLORA.
The High Court has unanimously allowed Google’s appeal from the Full Federal Court’s ruling that Google was liable for misleading or deceptive statements in sponsored links. According to the Court’s summary (pdf): The High Court unanimously allowed the appeal. Google did not create the sponsored links that it published or displayed. Ordinary and reasonable users of the Google search engine would have understood that the representations conveyed by the sponsored.. Read More
Following on from yesterday’s post, @davidstarkoff points out that: the transcript of the special leave application can be found here; and in due course, the submissions will appear here. The hearing of the appeal has been fixed for 11 September 2012.
Apparently, back on 25 June the High Court granted Google special leave to appeal from the Full Federal Court’s ruling that Google is liable for the misleading ads placed by advertisers. Maybe the internet will be able to keep working in Australia after all. Austlii is only up to 20 June, at the time of posting. Lid dip “Law Geek Down Under“
The Full Federal Court in Australia does. The ACCC has successfully appealed the Google Adwords case for misleading and deceptive conduct. So, for example, Alpha Dog Trainging has been operating a dogtraining business for 12 years. Dog Training Australia (Ausdog) bought ads on the keywords Alpha Dog Training through Google’s Adwords program. One ad generated was: Alpha Dog Training DogTrainingAustralia.com.au All Breeds. We come to you. No dog that can’t.. Read More
Dr Mark Summerfield has an interesting post demonstrating some work he and his colleagues have been doing modelling the ownership of patents in the smartphone space. In their mobile technology landscape, or themescape, they seek to demonstrate pictorially: Samsung appears to own key hardware patents; Microsoft seems to own most software patents; but Apple seems to have highly strategic patents. The themescape also seeks to demonstrate that Google was a.. Read More
News just in: Google’s placement of advertisements, generated through its AdWords program, on search results pages is not misleading or deceptive conduct contrary to s 52 TPA / s 18 ACL (I’m afraid you have to scroll down). However, the advertiser’s use of another trader’s name in the headline for an advertisement which had nothing to do with that trade was. So for example, the Trading Post used the AdWords program.. Read More