Contextual Advertising on the Internet: The Evolving Trademark Challenge
Strategies to Protect Brands and Avoid Liability for Infringement
Recording of a 90-minute CLE webinar with Q&A
The teleconference/webinar format offers two options for participation: audio only via telephone (download speaker handouts prior to the program) or audio via phone plus online viewing of speaker-controlled PowerPoint presentations.
This seminar will examine how the courts are addressing trademark infringement claims arising from online contextual advertising. The panel will provide strategies for companies to take advantage of contextual advertising's benefits while avoiding liability for infringement.
Outline
- Online contextual advertising — overview
- Metatags
- Pop-up advertising
- Keyword advertising
- Click-through advertising
- Court treatment of contextual advertising
- Rescuecom Corp. v. Google Inc. (2d Cir. 2009) and other recent “use in commerce” cases
- Likelihood of confusion/initial interest confusion
- Best practices for avoiding liability for infringement
Benefits
The panel will review these and other key questions:
- How are the courts responding to trademark infringement cases arising from the increase in contextual advertising on the Internet?
- What lessons on "use in commerce" can IP counsel glean from the recent Rescuecom Corp. v. Google Inc. ruling?
- How will courts likely deal with the "likelihood of confusion" issues surrounding contextual advertising on the Internet?
Faculty
Terence P. Ross
Partner
Gibson Dunn & Crutcher
He has broad experience in various types of intellectual property disputes, including patent and copyright... | Read More
He has broad experience in various types of intellectual property disputes, including patent and copyright infringement; trade secret and unfair competition litigation; and trademark/trade name disputes. He represents a number of media companies and other content providers who publish on the Internet. He speaks and writes regularly on a variety of intellectual property topics.
CloseJessica L. Rothstein
Senior Counsel
Goodwin Procter
She concentrates her practice in the counseling, protection and licensing of intellectual property rights, with an... | Read More
She concentrates her practice in the counseling, protection and licensing of intellectual property rights, with an emphasis on the worldwide protection of trademarks. She also advises clients as to a broad range of transactions relating to intellectual property rights, including research and development agreements, noncompete, confidentiality and non-disclosure agreements.
CloseNorman C. Simon
Partner
Kramer Levin Naftalis & Frankel
He works on all aspects of commercial litigation, at both the trial and appellate levels, as well as in the arbitration... | Read More
He works on all aspects of commercial litigation, at both the trial and appellate levels, as well as in the arbitration context. He has significant expertise in intellectual property (advertising, trademark and copyright) litigation. He has litigated a number of trademark/trade dress and copyright infringement actions.
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