Hot Internet Topics. Sheldon H. Klein - Arent Fox PLLC (Moderator) Mark Kudlacik – CheckMark Network Michael Kwun – Google Inc. Charles D. Ossola – Arnold & Porter LLP Mike Rodenbaugh – Yahoo! Inc. Hot Internet Topics. Business Facts That Drive The Law
Sheldon H. Klein - Arent Fox PLLC (Moderator)
Mark Kudlacik – CheckMark Network
Michael Kwun – Google Inc.
Charles D. Ossola – Arnold & Porter LLP
Mike Rodenbaugh – Yahoo! Inc.
XYZ Co. Marketing Dept decides to use keywords
XYZ Co. pays Yahoo!/Google/MSN $$ for high placement
PPC website owners recognize XYZ Co. pays a high $, so they feature XYZ Co ads.
The XYZ Co. legal dept notices that many more typo squatting or infringing domain names are registered
The XYZ Co. legal dept bills their marketing dept for the domain enforcement
The PPC website owner registers more domain names with XYZ to drive more PPC revenue
“Any person who shall, without the consent of the registrant – (a) use in commerce any reproduction, counterfeit, copy or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive…(b)…shall be liable in a civil action by the registrant for the remedies hereinafter provided...”
“… a mark shall be deemed to be in use in commerce … on goods when … it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and … the goods are sold or transported in commerce, and … on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce …”
“(A) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by anotherperson other than as a designation of source for the person’s own goods or services, including use in connection with
(i) advertising or promotion that permits consumers to compare goods or services; or
(ii) identifying and parodying, criticizing, or commenting upon the famousmark owner or the goods or services of the famous mark owner.
(B) All forms of news reporting and newscommentary.
(C) Any noncommercial use of a mark.”
Thanks for listening!