Top to Bottom: Warby Parker store in Ross Park Mall in Pittsburgh and 1-800 Contacts shipping box in Salt Lake City. Photos: Gene J. Puskar and Rick Bowmer / AP Trademarks and the Digital Storefront: SDNY Analyzes Likelihood of Confusion in Search Ads
It is now clear that keyword advertising can, in some cases, constitute trademark infringement. But under what circumstances? 1-800 Contacts once again finds itself on the losing end of that question in a recent case from the Southern District of New York that examines customer confusion and the developing law around the protection of digital intellectual property.
July 18, 2022 at 12:30 PM
12 minute read
Online advertising is among the largest and fastest growing areas of digital commerce. Unsurprisingly, consumer online spending substantially outpaces ad spending in raw dollars, but in terms of sector growth and technical innovation digital advertising is unsurpassed. Today's Internet is a highly optimized machine for the delivery of targeted advertising and the techniques and technologies used to personalize and deliver ads grow more sophisticated every day. Hundreds of billions of dollars a year are poured into digital advertising, and at least two of the world's most valuable companies—Alphabet (Google) and Meta (Facebook)—derive most of their revenue from that source. Consumers may not think of Google and Facebook as ad sales companies, but that's unquestionably what they are.
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