Initial Interest Confusion

Plaintiff asserts rights in the SLEEP NUMBER and NUMBER BED marks for air mattresses. Defendants compete. Defendants allegedly used” plaintiff’s actual trademarks as paid search terms and as identical phrases in their own web-based advertising in text pages, combined text and graphical pages, as terms embedded in linked internet address urls, and in other fashions.”

Press Release:
Edison-based I-many, Inc. (NASDAQ:IMNY) announced that it has filed a lawsuit against Model N, Inc. of Redwood Shores, Calif., for trademark infringement, dilution, fraudulent business practices and unfair competition.
The Edison provider of contract management software and services alleges that Model N has deliberately used I-many’s registered trademarks in a series of

Prof Goldman: “Keyword Ads and Metatags Don’t Confuse Consumers — J.G. Wentworth v. Settlement Funding” (Eastern District of Pennsylvania, finding no likelihood of confusion). From the post:
“. . . this case stands for two clear legal propositions:
* if keyword-triggered ad copy doesn’t display the plaintiff’s trademarks, plaintiff loses
* if search

I apologize for not reporting on this case earlier.
Defendants were a not for profit organization (“NFP”) helping restaurant workers, and a restaurant owned by a workers’ cooperative, in which the NFP had a 40% interest. The NFP protested Plaintiff’s policies relating to its workers. The NFP created a hand-out that reproduced the Plaintiff’s logo

Barrett, ‘Internet Trademark Suits and the Demise of ‘Trademark Use,‘ 39 U.C. Davis L. Rev. 371 (2006). Abstract:
“The Internet has provided countless new ways for ingenious businesses and individuals to refer to a plaintiff’s mark in a manner that impacts the plaintiff’s business. These new methods may not directly associate the mark