Topic: Intellectual property

Google AdWords Trademark Case Goes To U.S. Court of Appeals

paidContent reports Rosetta Stone, which lost their trademark case against Google a year or so ago, is taking the case to the U.S. Court of Appeals. Rosetta Stone claimed that the ads on Google infringed trademark law and confused consumers. The court ruled in Google’s favor but Rosetta Stone decided to appeal. This is significant […]

SearchCap: The Day In Search, October 7, 2010

Below is what happened in search today, as reported on Search Engine Land and from other places across the web. From Search Engine Land: Close-Up With Google’s New QR Code Generator At first blush, generating a QR code while shortening a URL seems like a great idea. If you need to generate unique QR Codes […]

“Free Isn’t Free”: Microsoft Trying To Make Android More Costly With Patent Suit

News broke yesterday that Microsoft was suing Motorola for Android-related patent infringements. Microsoft said in a blog post that its patents cover a range of software functions used by Android devices (presumably this would apply to the iPhone as well): The Microsoft innovations at issue in this case help make smartphones “smart.”  Indeed, our patents […]

SearchCap: The Day In Search, October 1, 2010

Below is what happened in search today, as reported on Search Engine Land and from other places across the web. From Search Engine Land: Google Pulls Dead Body Images From Street View Brazil Google has removed Street View images in Brazil that showed dead bodies on local streets. One image showed a partly-covered body lying […]

Paul Allen Sues Google, Yahoo, Facebook, Others Over Patents

Paul Allen, the Microsoft co-founder and one of the richest men on earth, has filed a patent infringement suit today against several Internet titans, the Wall Street Journal reports. The lawsuit centers on technology developed a decade ago by Interval Research Corp., a technology lab that Allen owned between 1992 and 2000. Eleven companies are […]

StreetSpace Sues Google, Nokia, Apple, Mobile Ad Networks For Infringement Of Location-Based Ads Patent

StreetSpace is a company you probably haven’t heard of, but it’s not a so-called “patent troll” seeking to cash in on unimplemented intellectual property. Rather StreetSpace is a company that has been around since 1999 and installs internet kioks in public spaces, such as airports, retail locations and restaurants. Here’s a description of its main […]

Oracle Sued Google Over Patent Infringement Of Java Within Android

Oracle has filed suit against Google for allegedly infringing on patents they hold for Java, which Oracle acquired last year. Karen Tillman from Oracle said, “In developing Android, Google knowingly, directly and repeatedly infringed Oracle’s Java-related intellectual property. This lawsuit seeks appropriate remedies for their infringement.” Google said they have not yet been served the […]

Viacom Loses Google/YouTube Lawsuit

Google has won a “motion for summary judgment” in its bitterly fought lawsuit with Viacom over YouTube. This ruling effectively ends the case. Google has won, at least in this court. Viacom vows to appeal.

Google Lawsuit: Our Links Don’t Violate Copyright

Google is suing a small record company that previously sued Google over its links to copyrighted works hosted on Rapdishare. Google Inc. v. Blues Destiny Records, LLC was filed April 28 in a California district court. It’s a potentially important issue at hand: As Billboard explains, Google is asking the court to declare that the […]

Microsoft Moves To Gain Licensing Royalties From Android

The clever folks in Redmond (aided by their attorneys) appear to have found a way to gain “licensing revenue” from Android phones. That’s right. Android the OS is “free,” and that was seen, early on, as a competitive advantage vs. Windows Mobile, which had exacted a price of up to $15 dollars per unit from […]

Photographers Group To Sue Google Over Book Deal

While Google waits for news about its proposed book search settlement with authors and publishers, it’s about to face a new legal challenge. The Financial Times reports that the American Society of Media Photographers and related trade groups are expected to file a new, class action lawsuit over the images that appear in the books […]

Has Google Just Patented Geo-Targeting?

Google has been awarded a patent entitled “Determining and/or using location information in an ad system” that has very broad implications for PC and mobile advertising. While we all take geo-targeting today for granted, back when this Google patent application was filed in April, 2004 it wasn’t as common. Dare I say it: Google may […]

Xerox Sues Google & Yahoo Over Search Patent. Copy That!

Google, Yahoo Sued by Xerox Over Search Query Patents Bloomberg reports Xerox has sued Google and Yahoo over search patents Xerox holds. Xerox says one patent automatically generate a query based on keyword searches, where Google’s AdWords & AdSense and Yahoo’s Search Marketing, YPN and other products allegedly infringe on. Another patent Xerox is suing […]

Goojje, A Google China Knockoff

The Chosun Ilbo reports a new Google China has launched, a knockoff, named Goojje.com. It was made in response to Google saying they may have to shut down their Google.cn search engine a few weeks back. It is a basic search engine, not affiliated with Google in anyway. It does however play on the Google […]

Another Person No One’s Heard Of Tries To Trademark SEO

HuoMah Blog discovered that yet another person is trying to claim a trademark on the term SEO, search engine optimization. Clinton Cimring of a company called “Search Engine Partner” filed a trademark application with United States Patent and Trademark Office on January 5, 2009. The filing claims first use SEO as a trademark was on […]

Google Book Scanning Faces Chinese Challenges

Google issued an apology to Chinese authors, according to China Daily, for scanning their books without permission. Google has also been sued in China for copyright infringement in connection with unauthorized book scanning. Meanwhile the amended US Book Scanning litigation settlement still awaits final court approval. There are several private Chinese groups that seek apologies […]

Bing! Sues Microsoft Over Trademark Infringement

Small design firm sues Microsoft over Bing name from Ars Technica reports a St. Louis based design firm named Bing! is suing Microsoft for using their name. Bing! Information Design (www.bing.biz) is suing over “trademark infringement, unfair competition, and tortious interference with business expectancy.” They filed their case on Wednesday, December 16th in Circuit Court […]

Head-To-Head: ACAP Versus Robots.txt For Controlling Search Engines

In the battle between search engines and some mainstream news publishers, ACAP has been lurking for several years. ACAP — the Automated Content Access Protocol — has constantly been positioned by some news executives as a cornerstone to reestablishing the control they feel has been lost over their content. However, the reality is that publishers […]

Germany Challenges Google Book Settlement

Germany has joined the growing chorus of people, groups, and even nations that are against the proposed settlement of a lawsuit over Google’s scanning of copyrighted books and making them available online. The Wall Street Journal reports that the German government filed its opposition on Monday. The full filing appears to be available on Justia.com. […]

Has Google’s New Trademark Policy Caused A Spike In Use?

As you may know, Google recently loosened its policy in the USA related to the use of trademarks in ad copy text, which went into effect on June 15, 2009. The big question is: has this change resulted in an increase in trademark use? The answer is yes. The Search Monitor tracks and monitors trademark […]

Google Versus News Organizations: What’s Fair?

A new Columbia Journalism Review opinion piece argues persuasively (in my view) that Google “owes” something to traditional journalism and news organizations. Google, typically, is a stand-in for “the internet” in these discussions. This notion of responsibility to publishers is unpopular among bloggers and Internet denizens more generally. I tend to fault news organizations for […]

Google To Allow Trademarks To Be Used In AdWords Copy In US

Google, which recently liberalized the use of trademark terms as a trigger for showing ads, has again opened up its ad policies to allow trademark terms to be used within ad copy, in certain circumstances, within the United States. Currently, registered trademark holders can request that Google prevent their trademarks from being used in ad […]

Small Business Owner Sues Google & Others Over ‘Android’ Name

An Illinois small business owner is suing Google and 46 other companies because he says they’re infringing on his business name: Android Data. Forbes reports that the lawsuit was filed Tuesday, and seeks almost $100 million in damages from Google and all other companies in the Open Handset Alliance, which includes T-Mobile, Motorola, Toshiba, Sprint […]

Growing Opposition To Google Book Search Settlement

The settlement that ended the litigation against Google’s book scanning/search project must still be approved by the courts, although tentative approval has already been given. Among other aspects of the settlement, Google is to pay $125 million to fund a “Book Rights Registry” that will help resolve claims by authors and publishers and cover legal […]

Amid Tensions Google’s Eric Schmidt Addresses Newspaper Conference

Google CEO Eric Schmidt addressed the Newspaper Association of America conference in San Diego this morning. It comes against the backdrop of the AP copyright controversy, rising tension between Google and newspapers and publisher frustrations with their own declining revenues. Some have accused Google of devaluing their content. Schmidt’s talk was generally sunny and upbeat […]

SEO

SearchBiz Legal Edition: Varney Uses The “M Word,” More AdWords Litigation, Yahoo Lawyer Files Complaint — Against Yahoo

If Christine A. Varney is confirmed as the head of anti-trust for the US Justice Department it may signal tough times ahead for Big G. Bloomberg discusses public remarks that Obama nominee Varney made before the American Antitrust Institute about Google in a June, 2008 speech: The U.S. economy will “continually see a problem — […]

Google Wins “Gu Ge” Lawsuit In China

Google Wins Lawsuit on Name, Trademark of Subsidiary in China from Bloomberg reports that Google has won the lawsuit over Google’s trademark on its Chinese subsidiary “Gu Ge.” The Beijing Haidian District Court ruled that Beijing Guge Science and Technology has to pay Google China 100,000 yuan ($14,624). In addition, Beijing Guge is required to […]

PPC

Trademark Protection Using AdGooroo

In my last Industrial Strength post, Using Competitive Intelligence To Protect Your Brand, I wrote about how to use tools like Hitwise to protect your brand. I am going to explore this topic a bit more, but this time show some of the unique features of AdGooroo. Since I did not show an example of […]

Who Coined The Term SEO?

Someone’s trying to trademark the term SEO, which has roiled the SEO community. The someone is named Jason Gambert, and he has filed with the US Patent and Trademark Office, claiming to have coined the term “SEO” (for Search Engine Optimization). SEOMoz and others have moved to challenge Gambert’s claim. As the person (along with […]

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Search Biz: Yahoo Morale OK, Musical Chairs At Google, Microsoft, Marc Andreessen Joins Facebook Board, & Tech Giants Fight “Patent Trolls”

Lots of action for SearchBiz today; let’s start with Yahoo. Fortune reprints a purported Yahoo employee email that is very upbeat and flies in the face of the gloom and doom analysis going on in the blogs. Meanwhile, TechCrunch reports on another executive loss at the company, while Carl “proxy fight” Icahn uses his blog […]

Louis Vuitton Offers Google More Trademark Trouble In Europe

Even as Google is liberalizing its trademark policy in Europe to agree with the US policy, luxury goods maker Luis Vuitton may turn back the clock and force a more restrictive policy on Google. France’s highest court ruled for Louis Vuitton last year in a trademark case involving AdWords. Google has appealed. The European Court […]

US Court Rules Trademarks In Meta Tags Can Constitute Infringement

Eric Goldman reports that an 11th circuit, US Court of Appeals has upheld a district court’s decision that the use of trademarked terms in meta tags can cause confusion and thus can constitute trademark infringement. North American Medical Corp. v. Axiom Worldwide, Inc. docket number 06-01678 CV-JTC-1 (PDF) doesn’t specifically say if the trademarked terms […]