Specifically, there was no allegation in Rescuecom that the defendant placed plaintiff’s mark on any “goods, containers, displays, or advertisements, or that its internal use is visible to the public.” Likewise, in Merck the defendants did not place plaintiff’s mark on any “goods or containers or displays or associated documents.” In this case, unlike Rescuecom and Merck, defendant’s keyword-triggered ads contained plaintiff’s mark (i.e., “Dating Rings-Zales” and “Dating Ring-Zales”) and thus could demonstrat[e] that Plaintiff’s trademark does appear on the displays associated with the goods or documents associated with the goods or their sale. Nor did the display of defendant’s rings on its site in response to such searches constitute a Lanham Act use. The court agreed with these holdings, but found that there may be a “factual distinction” between those cases and this one that could create a Lanham Act use.
BEAVERTON, OR—Touting the undergarment as an essential item for women on the go, Nike released a new sports bra Monday designed for wearing directly under a coat while shambling around the grocery store, sources reported.
Regarding infringement, the court granted defendant’s motion as to the search results on defendant’s website because a user’s entry of the words “DATING RING” using the site’s search engine feature did not constitute a “use” of plaintiff’s mark under the Lanham Act.
Nor did the display of defendant’s rings on its site in response to such searches constitute a Lanham Act use.
Plaintiff sold jewelry under the federally registered mark THE DATING RING.
This page uses content from Finnegan’s Internet Trademark Case Summaries.