ISOM2030_L16_Oct31_Cases_Discusssion

ISOM2030_L16_Oct31_Cases_Discusssion - Trademark Cases...

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Trademark Cases Discussion Discussion: What issues would you expect a judge to evaluate in determining whether or not this was a trademark infringement? Could McDental have any defense that might enable them to keep using their name even if trademarks are found to be too closely overlapping by the judge?
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Trademark Cases Discussion Louis Vuitton filed a lawsuit against Google relating to its keyword-linked advertising model. When a Google user typed in search terms, including trademarked brand names such as Louis Vuitton, the Google results page includes banner advertisements paid for by any company that wanted its advertisement to be linked to a Louis Vuitton search term. Vuitton claimed that the practice of selling advertisements linked to such trademarks constitutes unauthorized commercial use and thus trademark infringement. Vuitton also argued that when other companies paid to be associated with Vuitton’s trademark terms, the posting of these advertisements constituted trademark dilution of the Vuitton brand. Discussion: Does the Google advertising system infringe on Vuitton’s trademark? If so, does Google have any defenses? If you were running Vuitton, why do you think it would be important to prevent Google from selling your brand name as a search term? Is there any way Google’s actions could be beneficial to your business? (C ase study assignment from “Managers and the Legal Environment”, Bagley and Savage, 2006)
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10/29/13 Trademarks Take On New Importance in Internet Era - NYTimes.com www.nytimes.com/2012/02/21/business/battle-over-pretzel-crisps-shows-value-of-a-brand.html?_r=0&pagewanted=print 1/4 Reprints This copy is for your personal, noncommercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers here or use the "Reprints" tool that appears next to any article. Visit www.nytreprints.com for samples and additional information. Order a reprint of this article now. February 20, 2012 Trademarks Take On New Importance in Internet Era By STEPHANIE STROM PRINCETON, N.J. — As a serial snack-food entrepreneur, Warren Wilson is no stranger to the challenges of running a business. In the early days of his first enterprise, selling funnel cakes at fairs, there was the time when, tired of losing money on inclement days, he bought weather insurance — and proceeded to lose even more money than he had when it rained. In the 1990s, he and his wife and business partner, Sara, once had to mortgage their house and sell off investments to make their company’s payroll.
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