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Rosetta Stone V. Google Inc
''Rosetta Stone v. Google'', 676 F.3d 144 (4th Cir. 2012) was a decision of the United States Court of Appeals for the Fourth Circuit that challenged the legality of Google's AdWords program. The Court overturned a grant of summary judgment for Google that had held Google AdWords was not a violation of trademark law (see federal Lanham Act,(1)). Though other cases had addressed trademark infringement in the context of online keyword advertising (see Playboy Enterprises, Inc. v. Netscape Communications Corp., Google, Inc. v. American Blind & Wallpaper Factory, Inc.) ''Rosetta Stone v. Google'' is considered the last serious American challenge to Google's AdWords program. Although Rosetta Stone 'won' an overturn of summary judgment, the subsequent settlement between the two parties led commentators to declare that Google had won the keyword advertising trademark fight. Background Google has used a version of keyword advertising, now known as Google Ads and previously known as G ...
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United States Court Of Appeals For The Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: *District of Maryland * Eastern District of North Carolina * Middle District of North Carolina *Western District of North Carolina *District of South Carolina * Eastern District of Virginia *Western District of Virginia * Northern District of West Virginia *Southern District of West Virginia The court is based at the Lewis F. Powell Jr. United States Courthouse in Richmond, Virginia. With 15 authorized judgeships, it is mid-sized among the 13 United States Courts of Appeals The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals f .... __TOC__ Current composition of the ...
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AdWords
Google Ads (formerly Google AdWords) is an online advertising platform developed by Google, where advertisers bid to display brief advertisements, service offerings, product listings, or videos to web users. It can place ads both in the results of search engines like Google Search (the Google Search Network) and on non-search websites, mobile apps, and videos. Services are offered under a pay-per-click (PPC) pricing model. Google Ads is the main source of revenue for Alphabet Inc, contributing US$168.6 billion in 2020. History Google launched AdWords in 2000. Initially, AdWords advertisers paid for the service monthly, and Google would set up and manage their campaigns. Google soon introduced the AdWords self-service portal to accommodate small businesses and those who wanted to manage their own campaigns. In 2005, Google started a campaign management service known as 'Jumpstart'. The AdWords system was initially implemented on top of the MySQL database engine. After the sy ...
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Tiffany Inc
Tiffany may refer to: People * Tiffany (given name), list of people with this name * Tiffany (surname), list of people with this surname Known mononymously as "Tiffany": * Tiffany Darwish, (born 1971), an American singer, songwriter, actress known by her mononym Tiffany * Tiffany Young, (born 1989), an American singer, member of girl group Girls' Generation (and later its subgroup TTS) * Tiffany (American wrestler) (born 1985), better known by her birth name Taryn Terrell * Tiffany (Mexican wrestler) (born 1973), Mexican professional wrestler Businesses * Tiffany & Co., a jewelry and specialty retailer founded by Charles Lewis Tiffany ** Tiffany jewelry, a style of jewelry created by Louis Comfort Tiffany at Tiffany & Co. ** Tiffany setting, a prong setting for diamonds * Louis Comfort Tiffany or Tiffany Studios, or Tiffany Glass and Decorating Company ** Tiffany glass ** Tiffany lamp * Tiffany Pictures, a movie studio * Tiffany (automobile), an electric car manufactured 1 ...
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Functionality Doctrine
In United States trademark law, the functionality doctrine prevents manufacturers from protecting specific features of a product by means of trademark law. There are two branches of the functionality doctrine: utilitarian functionality and aesthetic functionality. The rationale behind functionality doctrine is that product markets would not be truly competitive if newcomers could not make a product with a feature that consumers demand. Utilitarian functionality provides grounds to deny federal trademark protection to product features which do something useful. Patent law, not trademark, protects useful processes, machines, and material inventions. Patented designs are presumed to be functional until proven otherwise. Aesthetic functionality provides grounds to deny trademark protection to design features which are included to make the product more aesthetically appealing and commercially desirable. Aesthetic features are within the purview of copyright law, which provides pro ...
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Deposition (law)
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination. History Depositions by written interrogatories first appeared around the mid-15th century as a procedure for discovery, factfinding, and evidence preservation in suits in equity in English courts. Available through HeinOnline. They differed radically from modern depositions in three ways: (1) the party seeking a witness's testimony merely propounded written interrogatories which were read out loud by a master or court-appointed commissioner to the witness in a closed proceeding without parties or counsel present; (2) ...
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Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: *District of Maryland * Eastern District of North Carolina * Middle District of North Carolina *Western District of North Carolina *District of South Carolina *Eastern District of Virginia *Western District of Virginia * Northern District of West Virginia *Southern District of West Virginia The court is based at the Lewis F. Powell Jr. United States Courthouse in Richmond, Virginia. With 15 authorized judgeships, it is mid-sized among the 13 United States Courts of Appeals. __TOC__ Current composition of the court : Vacancies and pending nominations List of former judges Chief judges Succession of seats ...
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De Novo Review
In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower court's decision. A high standard of review means that deference is accorded to the decision under review, so that it will not be disturbed just because the reviewing court might have decided the matter differently; it will be varied only if the higher court considers the decision to have obvious error. The standard of review may be set by statute or precedent (stare decisis). In the United States, "standard of review" also has a separate meaning concerning the level of deference the judiciary gives to Congress when ruling on the constitutionality of legislation. United States In the United States, the term "standard of review" has several different meanin ...
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Rosetta Stone (company)
Rosetta Stone Inc. is an American education technology software company that develops language, literacy and brain-fitness software. Best known for its language-learning products, in 2013, the company expanded beyond language into education-technology with its acquisitions of Livemocha, Lexia Learning, Fit Brains, and Tell Me More. In 2021, it became a subsidiary of IXL Learning. History Beginnings According to the company, founder Allen Stoltzfus learned German through immersion while living in Germany and found it relatively easy. In the 1980s, Stoltzfus began learning Russian in a classroom setting, but found the classroom setting much more difficult. He wanted to simulate the German experience, and he decided to use computer technology to create a similar learning experience. He enlisted the aid of his brother-in-law, John Fairfield, who held a PhD in computer science. By 1992, CD-ROM technology made the project possible. Allen and John, along with Eugene Stoltzfus (Al ...
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Cost Per Click
Pay-per-click (PPC) is an internet advertising model used to drive traffic to websites, in which an advertiser pays a publisher (typically a search engine, website owner, or a network of websites) when the ad is clicked. Pay-per-click is usually associated with first-tier search engines (such as Google Ads, Amazon Advertising, and Microsoft Advertising formerly Bing Ads). With search engines, advertisers typically bid on keyword phrases relevant to their target market and pay when ads (text-based search ads or shopping ads that are a combination of images and text) are clicked. In contrast, content sites commonly charge a fixed price per click rather than use a bidding system. PPC display advertisements, also known as banner ads, are shown on web sites with related content that have agreed to show ads and are typically not pay-per-click advertising, but instead usually charge on a cost per thousand impressions ( CPM). Social networks such as Facebook, Instagram, LinkedIn, Reddit ...
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Google Ads
Google Ads (formerly Google AdWords) is an online advertising platform developed by Google, where advertisers bid to display brief advertisements, service offerings, product listings, or videos to web users. It can place ads both in the results of search engines like Google Search (the Google Search Network) and on non-search websites, mobile apps, and videos. Services are offered under a pay-per-click (PPC) pricing model. Google Ads is the main source of revenue for Alphabet Inc, contributing US$168.6 billion in 2020. History Google launched AdWords in 2000. Initially, AdWords advertisers paid for the service monthly, and Google would set up and manage their campaigns. Google soon introduced the AdWords self-service portal to accommodate small businesses and those who wanted to manage their own campaigns. In 2005, Google started a campaign management service known as 'Jumpstart'. The AdWords system was initially implemented on top of the MySQL database engine. After the sy ...
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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, Inc
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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