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The District of Delaware is renowned as a patent litigation hot spot, but the district sees its fair share of other IP litigation. Two recent opinions shed some light on this practice...
1 800's claims Warby Parker used their marks as keywords to trigger search result advertisements. The court observed that when a consumer's search results are displayed, Warby Parker's paid search result is labeled as an Ad and displays Warby Parker's own website address.
Court applies Polaroid factors to determine likelihood of confusion - In our Fall 2021 issue, we reported on the Second Circuit's decision in 1-800-Contacts, Inc. v....