20
Aug/13

The Last Days of Keyword Litigation?


Defendant law firm utilizes plaintiff’s name as keywords, meta-tags and in website text, in order to solicit potential clients to sue plaintiff (which is a debt collector). All counts (infringement, unfair competition and dilution) dismissed on the pleadings as defendant’s use was held to be nominative fair use (without the court referring to it as nominative fair use).

Prof Goldman proclaims the death of keyword litigation here. But how was he able to blog about an August 12 decision on August 10?

allied v kimmel metatag

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