Announcing the PoachMark Pool

We're excited to announce the launch of the PoachMark Pool - a collaborative approach to catching trademark poachers. It allows you to benefit from the discoveries of other members.

David Naffziger
Dec 19, 2008

DSW vs. Zappos: Are merchants Liable for Affiliate TM Abuse?

Sarah Bird at SEOMoz put together an excellent summary of the DSW vs. Zappos case. DSW sued Zappos because one of Zappo's affiliates created organic pages that targeted DSW terms, used DSW TMs in the domain names, used DSW images, but linked to Zappos pages (through CJ).

David Naffziger
Dec 3, 2008

Microsoft AdCenter blog on Competitive Bidding

One of the things that I forgot to mention in my second talk at PubCon was that the search engines will provide you very little trademark defense if your trademark utilizes a generic term. Microsoft provides a good overview of their trademark policies on a recent post on the AdCenter blog. Note this section:

David Naffziger
Nov 16, 2008

PubCon Session Trademark Monitoring

My slides from the Domains and Trademark Issues panel at PubCon are here. I went through a number of tools that website owners can use to find abuse in domains and PPC.

David Naffziger
Nov 13, 2008

AdSense for Domains - Potential Class Action

A lot of press has been generated over the last few weeks about Google's AdSense for Domains programs and a potential class action suit that claims Google is assisting trademark violation. I've seen estimates that Google makes anywhere between several hundred million to a billion dollars from its domain parking program.

David Naffziger
Nov 5, 2008

Trademarks, Keywords and Use in Commerce

Eric Goldman points to a recent ruling that declared purchasing an ad based on a keyword (a practice currently allowed by Google) to be a use in commerce.

David Naffziger
Aug 12, 2008

Affiliate Summit Sessions that touch on Trademarks

Trademark use management remains one of the greater challenges for brands that maintain affiliate programs. Most of the sessions that I've been to so far touch on trademarks and their use/abuse at some point over the course of their talk.

David Naffziger
Aug 11, 2008

Court rules against bulk domainer: Verizon v. Navigation Catalyst

The US district court in southern California recently granted an injunction against Navigation Catalyst (nofollow) and their bulk registrar Basic Fusion (nofollow). Navigation Catalyst is definitely among the larger domain companies and had engaged in heavy 'domain tasting', the registration of domain names to test them for traffic.

David Naffziger
Aug 5, 2008

Tiffany v. Ebay: Court reaffirms trademark owner's burden to police

The judge in the 2004 lawsuit between Tiffany and eBay has finally ruled, dealing an important victory to eBay and providing a setback to Tiffany and other manufacturers that frequently find counterfeit goods on auction sites.

David Naffziger
Jul 14, 2008

Lawsuit against competitive use of trademark in AdWords

While most lawsuits involving trademarks and search engine advertising identify the search companies as defendants, CNET recently covered a lawsuit between two competitors that sell identity theft protection services. Namesafe, sued Lifelock in the federal district court of Tennessee for trademark infringement and is seeking damages, attorney's fees and an injunction against Lifelock.

David Naffziger
Jul 1, 2008
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