Articles Tagged with advertising

On Thursday, November 29, Google was named as the defendant in a patent infringement lawsuit filed in U.S. District Court for the District of Delaware. The plaintiff is a Delaware company called CreateAds LLC, which, according to its website, is a tool that allows people to create print ads for any U.K. newspaper or magazine. The company alleges in its complaint that Google’s “Google Sites” product infringes on the patented software that powers the plaintiffs.

The patent at issue, U.S. Patent No. 5,535,320, is entitled “Method of Generating a Visual Design” and was issued in 1996 to its inventors, Clive H. Gay and Henri W. Frencken. According to the complaint, Clive Gay’s company CreateAds is built upon the software described in the patent. The complaint alleges that Google Sites’ “template-based visual design generation products and services” infringe on the plaintiff’s patent.

Complaint in CreateAds LLC v. Google Inc.

Facebook, online advertising agency adSage, and a web-based wholesaler of Chinese goods are named as defendants in a new class-action trademark lawsuit  accusing them of enabling the placement of, or placing ads for, counterfeit NFL apparel on the social network. (read it below)

Inkies Sports, Inc. d/b/a Krystal’s NFL Shoppe, a New Mexico-based retail store that only sells “officially licensed NFL merchandise” filed suit. Krystal’s charges that a litany of ads on its Facebook page offer competing, counterfeit merchandise at prices that can be 80% – 90% below the MSRP of an authentic, officially licensed NFL jersey.

But should Facebook and advertising agencies be held accountable for alleged wrongdoings of third party advertisers accused of hawking cheaper counterfeit goods? Prior case law suggests not.

Two years ago a federal appeals court held that eBay was not liable to Tiffany, Inc. for trademark infringement or dilution by offering Tiffany goods for sale that third parties listed for sale. It sent the case back to a lower court to further examine Tiffany’s false advertising claim, and determine whether extrinsic evidence showed that advertisements misled or confused consumers about Tiffany products offered for sale. The U.S. District Court ultimately ruled that eBay was not liable for false advertising, since it failed to obtain survey data showing that a substantial portion of consumers were misled.

Google and AOL were sued for patent infringement Thursday by New Jersey-based Suffolk Technologies, LLC over their Internet search summary descriptions, or ‘snippets.’

Suffolk’s lawsuit also alleges that AOL and Google are infringing a second patent for an “Internet server and method of controlling an internet server”. The second claim alleges that AOL’s Advertising.com ad platform and Google’s AdSense service each infringe this patent. The lawsuit was filed in U.S. District for the Eastern District of Virginia where AOL is based.

Here are more details on the patent lawsuit, and the complaint (below).