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Fighting The Brand Your Trademark from Being Misused on Search Engines

12/1/2008 Articles

Published in the ACC Docket
December 2008

Search engines like Google and Yahoo! have created lucrative programs to sell keywords to companies and individuals who want to advertise their websites on these search engines. For instance, Google's AdWords program allows advertisers to purchase specific keywords for use as meta tags. When a user searches for those words, links to advertisers' websites appear in the Sponsored Links column of the search results page. Although many meta tags are not visible to online users, they essentially publish the content of websites to search engines. More recently, Google has also unveiled its AdSense program, which analyzes a website and automatically generates conceptually related advertising. The related advertising appears in a bubble on the user's screen known as a parked page or advertising page and contains hyperlinks to the advertisers' websites. Each time a user clicks on one of these hyperlinks, the domain site owner receives a small click-through or pay-per-view fee.

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Firm Highlights

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Hsu Untied Interview With Dan Callaway

Dan Callaway, a partner specializing in intellectual property litigation, was a guest on Hsu Untied , an award-winning podcast hosted and produced by Richard Hsu featuring entrepreneurs, venture capitalists, best-selling authors, and more.  During...

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Farella Braun + Martel Earns 2024 Best Law Firms® Rankings

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Will the Supreme Court Limit Copyright Damages? Implications of Warner Chappell Music, Inc. et al. v. Sherman Nealy et al.

The U.S. Supreme Court heard oral arguments in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al. (Case No. 22-1078) on February 21, 2024. On the surface, the case presents the opportunity...

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News

Scraping Battles: Meta Loses Legal Effort to Halt Harvesting of Personal Profiles

Alex Reese spoke to Matt Fleischer-Black of  Cybersecurity Law Report about the Meta v. Bright Data decision and its impact on U.S. scraping case law. Read the article here (paywall or trial).

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Publication

Fair Use Question Goes to Trial in AI Copyright Lawsuit – Thomson Reuters v. Ross Intelligence

On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross Intelligence...

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Publication

It Wasn’t Me, It Was the AI: Intellectual Property and Data Privacy Concerns With Nonprofits’ Use of Artificial Intelligence Systems

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective...

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Publication

AI and Trade Secrets: A Complicated Friendship

Excitement has been growing for decades around the development, training, and use of generative AI, but this past year the excitement escalated into a frenzy. Everyone is considering how AI impacts their business. This article...

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News

Winston Liaw Named a Leadership Council on Legal Diversity Fellow

Northern California legal powerhouse Farella Braun + Martel is proud to announce that Winston Liaw has been named a Leadership Council on Legal Diversity (LCLD) Fellow for 2024. Winston joins a select group of...

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Publication

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools...

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Publication

Thomson Reuters v. Ross Intelligence: AI Copyright Law and Fair Use on Trial

On Sept. 25, 2023, Judge Stephanos Bibas (sitting by designation in the District of Delaware), determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate...

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