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Liability For Search Engine Triggering Of Trademarked Keywords After Rescuecom, Riana Pfefferkorn
Liability For Search Engine Triggering Of Trademarked Keywords After Rescuecom, Riana Pfefferkorn
Washington Journal of Law, Technology & Arts
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked …
Copyright Liability For Those Who Provide The Means Of Infringement: In Light Of The Riaa Lawsuits, Who Is At Risk For The Infringing Acts Of Others?, Karen Horowitz
Washington Journal of Law, Technology & Arts
To date, the Recording Industry Association of America (RIAA) has become increasingly tough on the illegal downloading of copyrighted materials. In light of the increased prevalence of suits against minors or persons with little ability to pay, individuals or institutions that provide the means for the infringing activities, such as guardians or network owners (including, for example, the owner of an unsecured home network or the owner of an Internet café), need to be aware of the potential liability they might face. To place liability upon an individual or institution providing Internet access, a plaintiff could file suit for indirect …