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Articles Posted in Trademark and Copyright Litigation

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Second Circuit Rules Sale of Google Keyword Advertisements May Be a Use in Commerce Under Lanham Act

  A trademark infringement lawsuit against Google may go forward despite a related ruling by the same court, the Second Circuit Court of Appeal ruled April 3. In Rescuecom v. Google, No. 06-4881-cv (2nd Cir. April 3, 2009), the appeals court ruled that its own previous ruling in 1-800 Contacts,…

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‘Domainer’ Sues for Declaratory Judgment That Domain Name Does Not Violate Company Trademark

  A federal case out of Las Vegas recently caught the eyes of our Chicago Internet trademark litigation attorneys. A Texas man who invests in domain names has sued to establish that one of his domains does not infringe on a similarly-named company’s trademark rights, the Las Vegas Sun reported…

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Second Circuit to Rule on Whether Retailer May Be Held Liable for Failing to Stop Sales of Counterfeit Products

  Our Illinois trademark infringement lawyers and many others involved in online commerce are awaiting an important ruling from the Second U.S. Circuit Court of Appeals. As the American Lawyer noted July 17, the court heard oral arguments the day before in Tiffany v. eBay (USDC SD NY opinion), in…

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Damages Not Duplicative Under Lanham Act and Anti-Cybersquatting Consumer Protection Act, Eleventh Circuit Rules

In a ruling that clarified laws important to our Chicago and Wheaton internet trademark infringement and business trial lawyers, the Eleventh U.S. Circuit Court of Appeals ruled July 9 that actual damages for service mark infringement under the Lanham Act do not duplicate statutory damages under the Anti-Cybersquatting Consumer Protection…

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Software Company Sues Google for Allowing Competitors to Buy Advertisements Using Its Trademarks

  As Illinois Internet trademark infringement attorneys, we have kept track of the series of lawsuits filed against Google for selling advertisements using trademarked names and phrases. So we were not surprised to see an article in BusinessWeek July 13 announcing that Rosetta Stone, a maker of language-learning software, has…

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