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Please join the IPLAC High Tech Committee on November 16, 2007 from 12:00-1:30 PM at John Marshall Law School for a presentation by Christopher J. McGeehan entitled “Secondary Trademark Infringement Liability on the Internet: A Comparison of American and International Approaches.” This is the first presentation of our Lunchtime Discussion series. The members of the High Tech Committee will lead a discussion of this topic after the presentation. The registration fee of $15.00 covers the cost of a box lunch and a beverage.

IPLAC High Tech Committee – 11/16/2007 is a post from: Cyberlaw Central

©2012 Cyberlaw Central.

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The most interesting part for me was a comparison of the different notice and takedown procedures implemented by each company. In particular, Google is unique in that it takes down all uses of a competitor’s trademark, even in cases of fair use such as in comparative advertising. While broader than what the law requires, it was easier for Google to administrate such a policy because, as the other speakers admitted, it is hard to scale a system which requires a balancing of factors like fair use.

I would have appreciated a more thorough analysis of whether using a trademark as a trigger for the display of an advertisement is a trademark use. Some courts say yes, and others say no. The speakers, of course, were advocating the more favorable to them “no”, but it is a complicated issue that deserved better.

Overall, the session was a good one, quite packed in terms of attendees. I was glad to have found a seat near the front.

INTA 2007: Muddy waters: Evolving Law and Policy on Internet Advertising is a post from: Cyberlaw Central

©2012 Cyberlaw Central.

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