Indiana Trademark Litigation Update – Angie’s List v. ServiceMagic

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Indiana finally has its own keyword advertising case!

Local internet powerhouse Angie’s List accuses ServiceMagic of using the “Angie’s List” trademark as a keyword in some of its Google AdWords sponsored link advertisements. While several courts around the country have ruled on this issue, in Indiana it is still undetermined whether the purchase and use of a competitor’s trademark in keyword advertising is trademark infringement.

For those unfamiliar with keyword advertising, see the image below. ServiceMagic pays Google to appear in the “Ads related to” box at the top of the search results for the term “Angie’s List,” directly below Angie’s List’s official site. Big companies hate this practice and small competitors love it. Google really loves it, because advertising is where Google gets a big chunk of their revenue. We’ll soon find out what the Southern District of Indiana, via Judge Sarah Evans Barker, thinks about it.

This is no David and Goliath story either. ServiceMagic’s parent company IAC owns many major web products, including Ask.com, Match.com and Vimeo.

Stay tuned for updates as the case proceeds.

Angie’s List Inc. v. Servicemagic Inc.

Court Case Number:    1:12-cv-00755-SEB-TAB
File Date:    Friday, June 01, 2012
Plaintiff:     Angie’s List Inc.
Plaintiff Counsel:     George A. Gasper, Michael A. Wukmer, Bradley M. Stohry of Ice Miller LLP
Defendant:     ServiceMagic Inc.
Cause:    Trademark Infringement, Unfair Competition, Trade Disparagement, Trademark Dilution, Common Law Unfair Competition, Unjust Enrichment, Request for Preliminary and Permanent Injunctive Relief
Court:    Southern District of Indiana
Judge:     Judge Sarah Evans Barker
Referred To: Magistrate Judge Tim A. Baker

Stories from the Week that Was – 5/27/12-6/2/12

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China tightens grip on social media with new rules

TV Networks Say You’re Breaking The Law When You Skip Commercials

Germany sets new solar power record, institute says

Got Compliance? The EU Cookie Law & What You Need to Do

Google Applies for More than 50 New Domains Including .LOL and .YouTube

Target on your cyber back: DHS has a list of words deemed ‘suspicious’

Man sues to have ‘Google’ declared a generic word

Privacy practices: how the FTC MySpace settlement affects your business

2012 Logo Trends

Google Obliges Website Copyright Takedown Requests 97% of the Time

NLRB Issues Third Social Media Report

From David Elliott’s Complaint for Cancellation of Trademark and Declaratory Relief:

“3. The term “GOOGLE” is, or has become, a generic term universally used to describe the action of internet searching with any search engine, which cannot serve as a trademark to the exclusion of others.”

Dow AgroSciences ranked among Top 10 Best Places to Work in Life Sciences

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Looking to have an enjoyable career in life science research? You won’t find many better places to do it than Indianapolis-based Dow AgroSciences. Follow the link below to see where Dow AgroSciences ranks in The Scientist’s “Best Places to Work in Industry, 2012”, as well as the rest of the finalists.

via Announcing the Finalists of The Scientist’s 10th Annual Best Places to Work in Industry Survey.

 

Reindeer Logistics v. McKnight Logistics – Entry Strikes McKnight’s Answer

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Corporations are people, my friend?

A simple but important legal principle is highlighted by the latest filing in this lawsuit. Defendant McKnight Logistics Inc. filed a pro se answer but it was refused by the judge. While an individual may represent one’s self in a case in Indiana, a corporation may appear in federal courts only through licensed counsel. As such, the Defendant, a corporation, must find legal counsel and refile.

Reindeer Logistics Inc. v. McKnight Logistics Inc.
Court Case Number: 1:12-cv-00283-TWP-DKL

Indiana Trade Dress Litigation Update – Mortar Net USA v. Hohmann & Barnard

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Mortar Net USA Ltd. v. Hohmann & Barnard Inc.

Court Case Number:    2:12-cv-00215-TLS-APR
File Date:    Friday, May 25, 2012
Plaintiff:     Mortar Net USA Ltd.
Plaintiff Counsel:     Daniel W. Glavin of O’Neill McFadden & Willett LLP
Defendant:     Hohmann & Barnard Inc.
Cause:    Federal Trade Dress Infringement, Federal Trademark Infringement, Trademark Infringement, Federal Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Court:     Northern District of Indiana
Judge:     Judge Theresa L. Springmann
Referred To: Magistrate Judge Andrew P. Rodovich