Mass Law Blog
Intellectual property and business litigation, Massachusetts and nationallyWritten by humans
Lee Gesmer’s Mass Law Blog began in 2005, and contains almost 600 posts. The site initially focused on Massachusetts law, but today it follows business and intellectual property law nation-wide. The site is hosted by Gesmer Updegrove LLP, a law firm based in Boston, Massachusetts. The firm represents startup and established companies in the areas of litigation, transactions (including financings, mergers and acquisitions), IP rights, taxation, employment law, standards consortia, business counseling and open source development projects and foundations. You can find a summary of the firm’s services here. To learn how Gesmer Updegrove can help you, contact: Lee Gesmer
Second Circuit: Google Keyword Ad Practices Are "Use in Commerce"
A few days ago I discussed a decision by Massachusetts U.S. District Court Judge Nancy Gertner holding that purchase of a trademarked keyword to trigger a sponsored link on a search engine constitutes a “use in commerce” of the trademark under the Lanham Act (the Federal Trademark statute). (Earlier post here). In that post I mentioned that among cases addressing this issues, only the Second Circuit had held otherwise. Now the Second Circuit seems to have changed its position on this issue. In...
Expect a "Perilous Future for Most Business Method Patents," Saith Judge Marylin Patel
Judge Marylin Hall Patel, a federal district judge in the North District of California (San Francisco/Silicon Valley) since 1980 and Chief Judge in the District from 1997 - 2004, is a well known federal judge when it comes to intellectual property matters. For example, Judge Patel decided the Grokster case at the district court level, which eventually was affirmed by the Supreme Court, and she has decided many patent cases. When she speaks on IP matters, one would do well to listen Therefore,...
In Search of the Perfect Search
The issues associated with Electronically Discoverable Information (ESI) hang over the legal profession like the threat of Katrina II hangs over New Orleans. Lets face it: most judges and attorneys would do anything to avoid confronting the complexities of ESI. However, judges are good at forcing lawyers to face up to bad stuff, so it's impossible to avoid the subject. Of course, in a huge case involving large sums of money it's no problem hiring a consulting firm that does all the work for...
Who Watches the Watchmen?
"How does the court have confidence that the public integrity section has public integrity?" Judge Emmett Sullivan, during the trial of former Senator Ted Stevens Prosecutor: I already got no proof how the victim got hold of that heroin. Now you're saying I can't put Hodgins on the stand? Why? FBI Agent: You don't wanna know the answer to that. Forensic Investigator: Why doesn't she wanna know? Prosecutor: As the prosecutor in this case, I'm obliged to share everything I know with the...
A Blog Symposium, Hosted by Truth on the Market
Take a book: Innovation for the 21st Century, Harnessing the Power of Intellectual Property and Antitrust Law, by Michael A. Carrier. Invite several IP and antitrust luminaries to comment on the book. The result: a "Blog Symposium" on the book organized by Truth on the Market. The Symposium is described as follows: The format will be as follows.Today we’ll have posts from Crane, Manne, Weiser, and Wright on aspects of Innovation for the 21st Century which focus on competition...
Hearts on Fire v. Blue Nile: Judge Gertner Rules That Keyword to Trigger Search Engine Ads Is a "Use" Under Lanham Act
The issue here, presented in the context of a motion to dismiss, is whether adoption of a trademark as a search engine keyword constitutes a "use" under the Lanham Act. The Lanham Act requires "use in commerce" as a condition of infringement, and as Judge Gertner points out, various courts have taken different positions on whether purchase of a trademarked keyword to trigger a sponsored link on a search engine is a "use" of the trademark. Judge Gertner surveyed the field and noted that most...
This site is hosted by Gesmer Updegrove LLP, a technology law firm based in Boston, Massachusetts. You can find a summary of our services here. To learn how GU can help you, contact:
Lee Gesmer