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September 2019 Archives

Consumer confusion matters in some advertising trademark cases

When California consumers enter keyword searches based on trademarked terms into a search engine, they might see results from competitors of the trademark owner. Previous legal cases have claimed unsuccessfully that competitors bidding on trademarked terms for keyword advertising campaigns have infringed upon the trademark holders. The courts have heard multiple cases of this type and consistently ruled that the competitors did not infringe upon trademarks because the search results did not confuse consumers.

An overview of copyright law

When an individual creates something in California or any other state, it is possible that it will be covered by copyright. According to copyright law, anything that is an original creation recorded on a fixed medium can be eligible for such protection. Examples of items that can be copyrighted include movies, recorded songs or stories that are written on paper or saved on a computer. Computer programs themselves may be copyrighted as a literary work.

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