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Implications of Keyword Advertising Version: August 2010

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2010-08-17

The Search Is On:  Trademark Infringement Implications of Keyword Advertising

By Jeffrey Kass

Last fall, Robert Habush, Daniel Rottier and their Milwaukee law firm sued competitors William Cannon, Patrick Dunphy and their law firm, asking that a court enjoin defendants' use of the paid-for keywords “Habush and Rottier” to direct internet searchers to the competing Cannon & Dunphy website.  While that suit is pending in a Wisconsin State Court and concerns state privacy laws, suits like these beg the question.  Does keyword advertising qualify as trademark infringement?  After all, the defendant law firm never used any confusingly similar trademark to display to the consuming public.


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Revisiting Defense of Trademark Infringement Claims—Recent Case Law Update Version: May 18, 2009

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2009-06-01

Attorneys often become chained to their years of experience and forget how to think outside of the box when defending any case—but particularly claims for trademark infringement.  This area of law seems simple enough, but a semi-regular re-education on some of the fundamentals should breathe new life into effectively defending such claims.  Because many trademark infringement cases are decided at the preliminary injunction phase, this analysis will focus on that aspect of the case, although the principles below should guide practitioners in all aspects of a trademark case.  Similarly, while most of the cases cited herein are defense oriented, they should be helpful learning tools for plaintiffs as well.

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The Real Confusion in Trademark Law Version: Fall 2006

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2009-02-10

Many businesses adopt descriptive or generic terms as "trademarks" for goods and services. The consequences of using such names are significant and can affect a business's ability to federally register and otherwise protect the terms as trademarks.

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Tips for Protecting Your Company's or Client's Trademarks Version: Fall 2006

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2009-02-04

Companies are familiar with their options to stop another company form using their brand name or trademark. Sending cease and desist letters or filing lawsuits for trademark infringement are the two principal options. What many companies do not realize, however, is that protecting these valuable intellectual property assets starts well before these options are needed.

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