Trademarks, Dating and Diamonds

26 Apr

by Jeff Buechler

Trademarks and Diamonds  Trademarks and their use in paid search has long been a perverse interest of mine. To bid or not to bid that has been the question. Courts have held that bidding on trademarked terms  does not transform action into use of the trademark under law. Zale’s Jewelers has been sued by John Hamzik, who holds a trademark for “The Dating Ring”. Hamzik alleged that Zale jewelry company violated his trademark by purchasing the keywords “dating ring” for purposes of advertising via paid search. 

Other plaintiffs have lost on trademark infrigement cases involving the purchase of keywords using their trademark. However Hamzik’s case differs because the trademark was used in the ad copy“In this case there may be facts demonstrating that plaintiff’s trademark does appear on the displays associated with the good or documents associated with the goods or their sale,” Judge Thomas J. McAvoy, U.S. District Court New York, said.  Also last week, U.S. District Court Judge Jeremy Fogel in
San Jose, Calif., refused to dismiss a lawsuit filed by American Blind & Wallpaper Factory that alleges that Google’s AdWords pay-per-click advertising system violates trademark law by allowing rivals of a company to buy ads that appear when people search for information on American Blind & Wallpaper Factory.

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One Response to “Trademarks, Dating and Diamonds”

  1. silicon loop October 31, 2008 at 6:37 pm #

    This looks like a case that can go all the way to the Supreme Court.

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