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New Court Ruling Favors Those Bidding on Trademarked Keywords

Eric Goldman breaks-down a recent court ruling that appears to allow the use of trademarked keywords in sponsored ads. Focusing mostly on using trademarks for keyword “bids” and not ad creative, the court ruled that merely bidding on a trademark term is not enough to confuse a consumer.

The court holds that, as a matter of law, the use of keyword-triggered ads and keyword metatags cannot confuse consumers if the resulting ads/search results don’t display the plaintiff’s trademarks. Given the inconsistencies of past rulings, I simply don’t believe that this case will be the final word on the matter. However, if other courts follow this conclusion, we would see a reduction in the quantity of silly litigation over keyword advertising and keyword metatags.

Brazil Wants to Shut Down YouTube

A court in Brazil has just ordered the shut down of Google’s YouTube for failing to remove a celebrity sex video from the site.

Daniela Cicarelli, a model and ex-wife of soccer great Ronaldo, sued YouTube after a video of her apparently having sex in shallow water on a beach with her boyfriend was posted to the site.

While Google may not have to obey the ruling – as they are a U.S. based company – the search engine has already shown they’ll bend to the ruling of foreign courts, so it will be interesting to see how they handle this one.

Meanwhile, Cicarelli may wish to either…

a. think twice about having sex in public

b. speak to Paris Hilton and hear how a leaked sex video can re-ignite a career

Google, Apple, Napster Sued for Video Patent Infringement

It’s a new year and a new law suit for Google. This time, the world’s largest search engine is joined by Apple and Napster as they face allegations of patent infringement from online movie distributor Intertainer Inc.

Intertainer, claiming it has suffered irreparable harm, asked the court for cash compensation and an order to prevent the companies from using its technology.

Intertainer’s patent was issued in August 2005 and covers a “digital entertainment service platform”. According to their web site, Intertainer counts Intel, Comcast and NBC among its investors, and this is not the first time the company has taken on the big guys.

In September 2002…

Tracking Net Neutrality

I just discovered CNET’s nice timeline of the battles won and lost in the name of net neutrality. They also do a great job of summarizing what the heck “net neutrality” means.

Network operators [such as Verizon] want to charge Internet content providers for enhanced IP services, while Net neutrality proponents [Google, eBay etc] say regulations are needed to prevent abuse by the Net’s gatekeepers.

Net Neutrality Wins Small Victory in AT&T/Bell South Deal

The FCC has approved the $86 billion mega-merger of AT&T and Bell South, after AT&T agreed to a number of concessions, including an important one on the issue of net neutrality.

One of the most important concessions is AT&T’s commitment to a basic set of principles that establish a practical implementation of Net neutrality. Specifically, it agreed “not to provide or to sell to Internet content, application, or service providers, including those affiliated with AT&T/BellSouth, any service that privileges, degrades or prioritizes any packet transmitted over AT&T/BellSouth’s wireline broadband Internet access service based on its source, ownership or destination.”

This is not the end of the whole net neutrality battle, but AT&T’s concession is certainly a small battle won for the likes of Google, Yahoo et al.

Law Requires Disclosure of Affiliate Marketing Links, Word-of-mouth and Paid Reviews

Copyblogger has been digging around a new statement made by the Federal Trade Commission and reported by the Washington Post.

The bottom line, the FTC is pushing to make companies disclose any compensation received when promoting a product or company. While this is not a new law, the FTC wants marketers to know how it intends to interpret existing legislation.

…companies engaging in word-of-mouth marketing, in which people are compensated to promote products to their peers, must disclose those relationships…Word-of-mouth marketing can take any form of peer-to-peer communication, such as a post on a Web blog, a MySpace.com page for a movie character, or the comments of a stranger on a bus.

Google Helping YouTube Avoid Litigation

Business 2.0 explains why the expected influx of law suits against YouTube, with its acquisition by Google, never materialized. Instead, Google helped bring credibility to the video sharing site and discovered ways to work with the big TV networks.

For example, take a look at the deal struck with CBS.

As part of the deal, CBS agreed to offer free video clips for downloading. In return, the media company gets to sniff around YouTube for any content bearing its copyright. CBS can then choose between removing the offending clips or getting a cut of the revenue YouTube generates from any advertising linked to the clip.

That’s brilliant! YouTube gets sanctioned clips from CBS and in return CBS gets to decide if a video clip should be pulled or if it will help them generate buzz and/or money.