In this week's post, we talk about how, in the Northern District of Texas, a judge determined trademark infringement can be found with competitor use of trademarks in pay-per-click advertising cases if specific elements are properly pled. 

Also, an overview of three types of patents: utility, design, and plant.  They each protect different kinds of inventions.

Trademark Infringement in Pay-Per-Click Advertising: Insight to Win a Case in Texas

Magistrate Judge David Horan of the Northern District of Texas recently provided additional insight into the less-than-clear jurisprudence surrounding liability for trademark infringement in pay-per-click or keyword advertising. In Jim Adler, P.C., et al. v. McNeil Consultants, LLC, et al., No. 3:19-cv-2025-K-BN (N.D. Tex. Aug. 10, 2020), Judge Horan considered Defendant’s Rule 12(b)(6) Motion to Dismiss the trademark infringement claims brought by a personal injury law firm against a lawyer referral service.  In granting the motion to dismiss, the Court made clear that trademark infringement claims can arise out of such conduct, so long as specific key elements are satisfied and properly plead. Judge Horan’s recommendation for dismissal was based on the plaintiffs’ failure to properly plead those specific facts.

Read more here, and see examples of the pay-per-click advertising referenced in the case.

Everything to Know About the Different Types of Patents

Learn more about the different types of patent applications and which one is right for you and your invention.  

A patent is granted by the U.S. Patent and Trademark Office (USPTO) and provides a legal basis for inventors to exclusively use and protect an invention for a certain period of time.  If an invention is granted a patent, the owner may enforce it by bringing an infringement action against anyone who makes, uses, or sells the invention without the patent owner’s permission. 

Each type of patent has its own specific requirements, but for an invention to qualify for patent protection it must be unique, non-obvious, and useful.     

Read more about utility, design, and plant patents in the article.  

Click to read the previous Weekly IP Buzz on Thriving Attorney.

For more posts, see our Intellectual Property Law Blog.

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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.