November 29, 2010 – Red Bank, NJ - Kurt E. Anderson, shareholder at Giordano, Halleran & Ciesla, P.C. and a member of the International Trade Association (INTA), assisted by Melissa V. Skrocki and Jaclyn B. Kass, associates at the firm, co-authored the Brief of Amicus Curiae for the case of Rosetta Stone LTD., v. Google, Incorporated. The case involves the propriety of “keyword advertising” practices, which generally involve the use and sale of trademarks as keywords to trigger advertisements that appear next to Internet search results, such as on www.google.com.
INTA submitted the brief due to a belief that the District Court applied the law incorrectly, and that leaving the ruling in its current fashion would create more problems. INTA sought a refined decision that will give trademark owners, advertisers, and website operators clarity regarding keyword advertising practices.
In the brief, INTA addressed two aspects of the District Court’s analysis in which the Court made fundamental errors of trademark law: functionality and dilution. Mr. Anderson’s contribution to the brief was the dilution argument. With respect to dilution, the brief presented arguments that the Court erred in two fashions. First, as a matter of law, Google could not be liable for dilution because it did not use Rosetta Stone’s marks to identify its own goods or services, and second, the District Court erred when it ruled that the apparently increasing fame of the ROSETTA STONE brand name disproved dilution as a matter of law.
Mr. Anderson, chair of the Giordano, Halleran & Ciesla, P.C. Intellectual Property Practice Area, focuses his practice in the area of intellectual property and technology law, Mr. Anderson guides clients through the complexities of trademark development, registration, licensing, infringement and policing. He also counsels clients regarding copyright registration, licensing and infringement. Mr. Anderson prepares, reviews and negotiates licensing and development agreements, supply and distribution agreements, independent contractor agreements and intellectual property related professional service agreements. Mr. Anderson also specializes in the area of business and banking law, where he counsels closely held small to medium sized companies regarding a variety of general corporate matters, including business entity formation, real estate, land and dredge related matters, bank financing deals, merger and acquisition transactions and employment matters.
INTA is a not-for-profit organization whose more than 5,600 members have a special interest in trademarks. INTA’s membership includes trademark owners, law firms, advertising agencies, and professional associations from the United States and more than 190 other countries. All share the goals of emphasizing the importance of trademarks and of promoting an understanding of the essential role trademarks play in fostering informed decisions by consumers, effective and efficient commerce, and fair competition. INTA members frequently are participants in trademark litigation, and therefore are interested in the development of clear and consistent principles of trademark and unfair competition law.
Giordano, Halleran & Ciesla, P.C. is a multi-specialty law firm dedicated to providing sophisticated, complex legal services and solutions. The attorneys maintain personal relationships and gather in-depth knowledge of clients’ businesses and industries to construct both sound legal advice and effective strategies to resolve business issues. With a focus on responsiveness and producing results with outstanding value to their clients’ bottom line, the firm provides experienced legal representation in a wide variety of practice areas, including: Corporate and Business; Creditors’ Rights and Bankruptcy; Environmental; Healthcare; Intellectual Property and Technology; Labor and Employment; Litigation; Real Estate, Land Use and Development; and Trusts and Estates. For more information, visit us at www.ghclaw.com.
To view the brief, click here.
|Tags: Kurt E. Anderson, Melissa V. Skrocki, Jaclyn B. Kass, Intellectual Property & Technology|
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