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ActiveBatch
'' Network Automation, Inc. v. Advanced Systems Concepts, Inc.'', 638 F.3d 1137 (9th Cir. 2011) was a court case decided on March 8, 2011, where the United States Court of Appeals for the Ninth Circuit ruled that the use of a competitor's trademark as an Internet search advertising keyword did not constitute trademark infringement. In the case, Network Automation advertised their own competing product in search queries that contained Advanced Systems Concepts' "ActiveBatch" trademark. In determining whether trademark infringement occurred, the court evaluated factors relevant to the likelihood of customer confusion outlined in AMF Inc. v. Sleekcraft Boats and concluded that confusion was unlikely. Background Google and other Internet search engines and e-commerce sites have made search engine keyword advertising ubiquitous. Network Automation ("Network") and Advanced Systems Concepts ("Systems") both sold job scheduling and management software that were advertised on search engin ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accounta ...
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Bing (search Engine)
Microsoft Bing (commonly known as Bing) is a web search engine owned and operated by Microsoft. The service has its origins in Microsoft's previous search engines: MSN Search, Windows Live Search and later Live Search. Bing provides a variety of search services, including web, video, image and map search products. It is developed using ASP.NET. Bing, Microsoft's replacement for Live Search, was unveiled by Microsoft CEO Steve Ballmer on May 28, 2009, at the ''All Things Digital'' conference in San Diego, California, for release on June 3, 2009. Notable new features at the time included the listing of search suggestions while queries are entered and a list of related searches (called "Explore pane") based on semantic technology from Powerset, which Microsoft had acquired in 2008. In July 2009, Microsoft and Yahoo! announced a deal in which Bing would power Yahoo! Search. Yahoo! finished the transition in 2012. In October 2011, Microsoft stated that they were working on new ...
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United States Trademark Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-1 ...
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Consumer Confusion
Consumer confusion is a state of mind that leads to consumers making imperfect purchasing decisions or lacking confidence in the correctness of their purchasing decisions. Confusion Confusion occurs when a consumer fails to correctly understand or interpret products and services. This, in turn, leads to them making imperfect purchasing decisions. This concept is important to marketeers because consumer confusion may result in reduced sales, reduced satisfaction with products and difficulty communicating effectively with the consumer. It is a widely studied and broad subject which is a part of consumer behaviour and decision making.Soloman, M R ''Consumer Behaviour: Buying, Having and Being''. Prentice Hall p.7 Causes Choice overload Choice overload (sometimes called overchoice in the context of confusion) occurs when the set of purchasing options becomes overwhelmingly large for a consumer. A good example is wine in the UK where supermarkets may present over 1000 different produc ...
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Brookfield Communications, Inc
Brookfield may refer to: Australia *Brookfield, Queensland, a suburb of Brisbane *Brookfield, Victoria Canada * Brookfield, Manitoba, on Manitoba Highway 11 *Brookfield, Newfoundland and Labrador *Brookfield, Nova Scotia * Brookfield, Ontario, a neighbourhood of Sault Ste. Marie, Ontario *Brookfield, Prince Edward Island New Zealand * Brookfield, New Zealand, a suburb of Otumoetai in Tauranga, Bay of Plenty * Brookfield, Wellington, a Scouts Aotearoa Scouts Aotearoa, known internationally as Scouts Aotearoa New Zealand is a trading name of The Scout Association of New Zealand, the national Scouting association in New Zealand and an affiliate of the World Organization of the Scout Movement ... camp site which has hosted the New Zealand Rover moot United Kingdom * Brookfield, Derbyshire, a List of United Kingdom locations: Broo-Brt, location in Derbyshire, England *Brookfield, Preston, in Lancashire, England *Brookfield, Middlesbrough, a List of United Kingdom locat ...
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15 U
Fifteen or 15 may refer to: *15 (number), the natural number following 14 and preceding 16 *one of the years 15 BC, AD 15, 1915, 2015 Music *Fifteen (band), a punk rock band Albums * ''15'' (Buckcherry album), 2005 * ''15'' (Ani Lorak album), 2007 * ''15'' (Phatfish album), 2008 * ''15'' (mixtape), a 2018 mixtape by Bhad Bhabie * ''Fifteen'' (Green River Ordinance album), 2016 * ''Fifteen'' (The Wailin' Jennys album), 2017 * ''Fifteen'', a 2012 album by Colin James Songs * "Fifteen" (song), a 2008 song by Taylor Swift *"Fifteen", a song by Harry Belafonte from the album '' Love Is a Gentle Thing'' *"15", a song by Rilo Kiley from the album '' Under the Blacklight'' *"15", a song by Marilyn Manson from the album '' The High End of Low'' *"The 15th", a 1979 song by Wire Other uses *Fifteen, Ohio, a community in the United States * ''15'' (film), a 2003 Singaporean film * ''Fifteen'' (TV series), international release name of ''Hillside'', a Canadian-American teen drama * ...
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Lanham Act
The Lanham (Trademark) Act (, codified at et seq. () is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. History Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 6, 1947. In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. The Act has been amended several times since its enactment. Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United St ...
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Declaratory Judgement
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous to ...
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Google Search
Google Search (also known simply as Google) is a search engine provided by Google. Handling more than 3.5 billion searches per day, it has a 92% share of the global search engine market. It is also the most-visited website in the world. The order of search results returned by Google is based, in part, on a priority rank system called "PageRank". Google Search also provides many different options for customized searches, using symbols to include, exclude, specify or require certain search behavior, and offers specialized interactive experiences, such as flight status and package tracking, weather forecasts, currency, unit, and time conversions, word definitions, and more. The main purpose of Google Search is to search for text in publicly accessible documents offered by web servers, as opposed to other data, such as images or data contained in databases. It was originally developed in 1996 by Larry Page, Sergey Brin, and Scott Hassan. In 2011, Google introduced " Google ...
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Stephen S
Stephen or Steven is a common English first name. It is particularly significant to Christians, as it belonged to Saint Stephen ( grc-gre, Στέφανος ), an early disciple and deacon who, according to the Book of Acts, was stoned to death; he is widely regarded as the first martyr (or " protomartyr") of the Christian Church. In English, Stephen is most commonly pronounced as ' (). The name, in both the forms Stephen and Steven, is often shortened to Steve or Stevie. The spelling as Stephen can also be pronounced which is from the Greek original version, Stephanos. In English, the female version of the name is Stephanie. Many surnames are derived from the first name, including Stephens, Stevens, Stephenson, and Stevenson, all of which mean "Stephen's (son)". In modern times the name has sometimes been given with intentionally non-standard spelling, such as Stevan or Stevon. A common variant of the name used in English is Stephan ; related names that have found some ...
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Keyword Advertising
Keyword advertising is a form of online advertising in which an advertiser pays to have an advertisement appear in the results listing when a person uses a particular phrase to search the Web, typically by employing a search engine. The particular phrase is composed of one or more key terms that are linked to one or more advertisements. The most common form or keyword advertising, focused on payment methods, is pay per click (PPC), with other forms being cost per action (CPA) or cost per mille (CPM). The first documented attempt at keyword advertising was 1996, by the search company OpenText, just a few years after the first attempt at banner advertisements. However, the project was soon abandoned. In 1997 Yahoo!, through its partnership with Flycast Communications, successfully launched banner advertising based on keyword searches. Their concept originated from discussions in late 1996 with Chip Royce, head of online marketing for InterZine Productions of Boca Raton, Florida, wh ...
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Google
Google LLC () is an American Multinational corporation, multinational technology company focusing on Search Engine, search engine technology, online advertising, cloud computing, software, computer software, quantum computing, e-commerce, artificial intelligence, and Computer hardware, consumer electronics. It has been referred to as "the most powerful company in the world" and one of the world's List of most valuable brands, most valuable brands due to its market dominance, data collection, and technological advantages in the area of artificial intelligence. Its parent company Alphabet Inc., Alphabet is considered one of the Big Tech, Big Five American information technology companies, alongside Amazon (company), Amazon, Apple Inc., Apple, Meta Platforms, Meta, and Microsoft. Google was founded on September 4, 1998, by Larry Page and Sergey Brin while they were Doctor of Philosophy, PhD students at Stanford University in California. Together they own about 14% of its publicl ...
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