Michael Atkins - Seattle Trademark Lawyer

Recommend Settled! Rosetta Stone v. Google Won't Offer More Keyword Advertising Law (Email)

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I’m not surprised, but I’m a little disappointed.

After the district court issued its flawed decision roundly supporting Google, and the Fourth Circuit sent the case back to the district court, Rosetta Stone last week settled its keyword advertising lawsuit against Google.

The first time around, the Eastern District of Virginia found Google was protected from liability by a strange application of the functionality doctrine, and seemed to ignore that the case was decided on summary judgment. In other words, the court improperly found no trademark infringement and no dilution even though Rosetta Stone had offered evidence to the contrary. Such disputed issues of fact should be decided at trial, not on summary judgment.

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Copyright © 2006-2021, Michael G. Atkins. All rights reserved. I'm a partner and Seattle intellectual property attorney at Atkins Intellectual Property, PLLC, where I focus my practice on issues involving the Lanham Act, including trademark infringement, unfair competition, trade dress infringement, trademark dilution, false designation of origin, counterfeiting, cybersquatting, trademark licensing, trademark applications, trademark registrations, the U.S. Patent and Trademark Office (PTO), and the U.S. Trademark Trial and Appeal Board (TTAB). Thanks for checking out my blog. Please visit again soon!