Trademark Key
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 Sessions 6 4 Double Trademark New Clock Key  US $7.99
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 ANTIQUE LARGE WOOD DAIL SECOND HAND WALL CLOCK WORKING ORDER STRIKE HOUR HALF US $135.00
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 Victorian 8 Day Wall Regulator NO RESERVE BID NOW US $26.66
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 Beautiful Antique German Paarmann Cohn wall clock at 1900 Rare Trademark US $321.00
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 KIENZLE CLOCK MOVEMENT with UNUSUAL COMPOUND PENDULUM US $99.99
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 Chelsea Clock Co Trademark Key 5 or 33 mm 1 8 US $6.99
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 A Vintage Porcelain 8 Day Kitchen Wall Clock US $33.50
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 ANTIQUE 1884 ANSONIA CLOCK COMPANY MINIATURE TRAVEL ALARM CLOCK US $79.95
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 NEW HAVEN MANTLE SHELF CLOCK KEY SIZE 6 PARTS NOS US $.99
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 NEW HAVEN Whisky Advertising Gallery Clock Antique Serviced Strong Runner US $232.50
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 NEW HAVEN French Slate Antique Clock Gorgeous Serviced Strong Runner US $247.50
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 VINTAGE ART DECO GUSTAV BECKER WALL CLOCK OPEN WELL US $1,070.00
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 VINTAGE LUX MINI KEY WIND CUCKOO CLOCK W IVY VINE NEST US $4.25
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 ANTIQUE ANSONIA MANTEL CLOCK CIRCA 1900 WORKS US $199.00
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 GILBERT DOUBLE END BRASS CLOCK TM KEY 6 4 NEW PARTS US $6.59
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 SETH THOMAS DOUBLE END BRASS CLOCK TM KEY 6 4 NEW PARTS US $6.59
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 INGRAHAM DOUBLE END BRASS CLOCK TM KEY 6 3 NEW PARTS US $6.59
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 SESSIONS DOUBLE END BRASS CLOCK TM KEY 6 4 NEW PARTS US $6.59
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 ANTIQUE OWARI DROP WALL CLOCK CALENDAR FACE OCTAGON TOP US $9.99
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 ANTIQUE JEROME CO 16 1 2 SHELF MANTEL OR WALL KITCHEN CLOCK US $15.50
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 Seth Thomas Clock Key Trademark 6 4 New Movement 89 US $7.99
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 New Haven clock winding key 6 360mm US $6.99
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 Antique Key Wind Wood Case New Haven Flora Gingerbread Kitchen Clock with Alarm US $229.99
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 Vintage German English Oak Mantel Clock No Reserve US $24.99
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 Chelsea Clock Co Trademark Key 3 piece set New Parts US $10.49
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 ORIGINAL CHELSEA TRADEMARK SHIPS BELL CLOCK WINDING 33mm KEY NOS repair parts US $18.99
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 Antique Waterbury School Clock Fully Reconditioned Guranteed Solid Runner US $29.99
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 ANTIQUE OPEN ESCAPEMENT BALANCE WHEEL JAPANESE MAHOGANY GALLERY WALL CLOCK US $9.99
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 Seth Thomas Clock Key for 124 chime movement US $7.99
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 1900 Adamantine Seth Thomas Mantle Clock US $16.83
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 Ansonia Clock Key 6 4 Double End Trandemark New Parts US $7.99
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 Trademark Seth Thomas Brass Winding Clock Key 6 US $6.49
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 SETH THOMAS TRADEMARK KEY FITS 120 48 CLOCK MOVEMENTS NOS repair parts US $19.99
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 Art Deco Mantel Shelf Clock 8 Day Black Forest SPECK EMIL SCHWENNINGEN GERMANY US $129.58
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 Seth Thomas TM Double End Key Set 6 4 and 4 4 US $13.99
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 Wm Gilbert Clock Key 6 4 Double Trademark New Parts US $7.99
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 Seth Thomas Key double end key 13 4 US $9.99
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 NEW OLD STOCK SETH THOMAS TRADEMARK CLOCK KEY FOR THE WESTMINSTER 124 MOVEMENT US $16.99
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 ANTIQUE RARE MISSION HAMBURG HAU HAC MULTI CHIME WALL MANTLE CLOCK DECO OAK US $845.00
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 Ingraham Clock Key Trademark New Parts US $6.99
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 Trademark Ansonia Brass Winding Clock Key 6 US $6.49
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 ANSONIA CLOCK CO DOUBLE END BRASS CLOCK TM KEY 6 4 NEW PARTS US $7.19
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 BEAUTIFUL GERMAN ANTIQUE JUNGHANS WOODEN MANTLE CLOCK 1888 1890 US $99.00
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 1870s Ithaca Double Dial 8 Day Calendar Clock US $236.50
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 Junghans 1890 RA Vienna Regulator Wall Clock US $105.00
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 chelsea ships clock winding key 5 344mm US $7.99
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 WATERBURY DOUBLE END BRASS CLOCK TM KEY 6 4 NEW PARTS US $7.19
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 NEW OLD STOCK New Haven TRADEMARK CLOCK MOVEMENT WINDING KEY service repair part US $17.99
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 NEW OLD STOCK SESSIONS TRADEMARK CLOCK MOVEMENT SINGLE KEY service repair parts US $14.99
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 SETH THOMAS TRADEMARK KEY FOR THE 113 CLOCK MOVEMENT service repair parts US $22.99
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 NEW OLD STOCK INGRAHAM TRADEMARK CLOCK MOVEMENT WINDING KEY repair part US $17.99
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 Antique German Hamburg American Clock Co wall clock 8 day time strike Working US $295.00
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 ORIGINAL E Howard Clock TRADEMARK WINDING CRANK Key service repair parts US $19.99
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 NEW OLD STOCK SETH THOMAS CLOCK MOVEMENT SINGLE END KEY service repair parts US $14.99
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 NEW OLD STOCK SESSIONS TRADEMARK CLOCK MOVEMENT WINDING KEY service repair part US $18.99
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 Gilbert Trademark clock winding key double end 6 0000 US $7.99
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 Waterbury clock winding key double end 6 0000 US $7.99
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 BRASS LONG SHAFT KEY FOR SCHATZ 53 400 DAY ANNIVERSARY CLOCKS US $6.99
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 Schutz Marke HE Weight Driven Antique Clock Movement Cleaned Tested Restrung US $240.00
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 Chelsea Trademark clock winding key 3 300mm US $7.99
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 Seth Thomas clock winding key double end 4 0000 US $7.99
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 gilbert clock winding key 6 360mm US $6.99
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 Ansonia Trademark clock winding key 6 360mm US $6.99
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 Seth Thomas 15 Day Time and Strike Model C 51 H 1915 The Galway Rare US $650.00
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 B Trademark Double Clock Winding Key New Haven 6 000 US $7.49
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 Antique Working 1882 ANSONIA Carved Walnut Eastlake Tivoili Mantel Shelf Clock US $375.00
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 Trademark Chelsea Brass Winding Clock Key 5 Clock Shop US $6.49
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 Antique Seiko Seikosha Round Schoolhouse Scroll Wall Clock US $225.95
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 B Trademark Double Clock Winding Key Ingraham 6 000 US $7.49
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 ANTIQUE 1867 GERMAN LENZKIRCH INLAID MARQUETRY 1 MILLION BRACKET MANTEL CLOCK US $837.25
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 made in detroit kranker large wall clock black new US $775.00
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 ANTIQUE GERMAN HAMBURG AMERICAN PORCELAIN BLUE DUTCH WINDMILL KITCHEN WALL CLOCK US $72.25
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 Kundo anniversary clock KIENINGER OBERGFELL made in Germany and works US $150.00
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 Trademark Waltham Brass Winding Clock Key 000 US $6.49
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 ANTIQUE VILLON DUVERDREY BLOQUEL FRENCH MARQUETRY DECO LEVER MANTEL CLOCK US $345.00
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 Antique 19th c Gustav Becker Vienna Regulator ART DECO Wall Clock Germany US $345.00
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 Trademark Ithica Brass Winding Clock Key 7 Clock Shop US $6.49
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 B Trademark Double Clock Winding Key New Haven 8 0 US $7.49
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 Trademark Ingraham Brass Winding Clock Key 6 US $6.49
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 Trademark Chelsea Brass Winding Clock Key 000 US $6.49
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Clamping Down on the Use of Trademarks as Key Words
When Internet users search online for information, they use search engines like Yahoo, Google, and MSN. Because some page owners have paid for some of its links to the search engine websites and the links come up whenever the website owners results appear as a search result, there have recently been conflicts between the owners of trademarks and some third parties. Efforts are being made to clamp down and contain the unauthorized utilization and misappropriation of trademarks and other intellectual property items when it comes to Internet search related issues.
In one such trademark conflict, J.S. Wentworth complained that Peachtree Settlement Funding infringed the trademarks JG WENTWORTH and J.G.WENTWORTH. The Defendant had used these trademarks as keywords and had paid to have links appear to its own website immediately proximate to the link to Plaintiff's website on the search-results screen each time a user of the Internet searched the Google engine for J.G. Wentworth or JG Wentworth.
Because Peachtree Settlement Funding and J.G. Wentworth are competitors in the field of structured settlements, Plaintiff claimed that Defendant had stolen potential customers and diluted the effectiveness of its various trademarks, and that this caused a subtantial profit loss for the plaintiff. Defendant Peachtree moved to have the complaint dismissed.
The court acknowledged two important operative issues:
1. Whether Defendant used the trademark as keywords in the Google AdWords advertising program under the Trademark Acts use in commerce. Owner of a trademark establishes rights through the use of the trademark in public marketplace.
2. Whether the use of the Plaintiff's trademark infringed trademark rights provided for in the Act because it had a good chance of confusing the consumer.
On whether the trademark was used in commerce, Defendant argued that the trademarks use was not for the public to see, and was not meant to be associated to Peachtree Settlement Funding, only an analog to the users personal response to a trademark. Defendant claimed it was not used in commerce in connection with the sale of goods or services to confuse consumers. Disagreeing, the court decided that Defendants use of the trademarks as keywords in their Google AdWords links, designed to draw internet users, constituted use in commerce under the Act.
Regarding infringement, however, Defendant argued that using the J.G. WENTWORTH trademarks as keywords was not likely to confuse the consumer. Here the court agreed, and stated [a]t no point are potential consumers taken by a search engine to defendants website...the links to defendants website always appear as independent and distinct links on the search result pages. There was also no accusation that the Defendants ads and links that used the Plaintiffs were in any way discernable to [I]nternet users and potential customers, and that [d]ue to the separate and distinct nature of the links created on any of the search results pages in question, potential customers have no opportunity to confuse defendants services, goods, advertisements, links or websites for those of plaintiff. The court then decided that the use of Plaintiffs trademarks was not trademark infringement under the Trademark Act and the court dismissed the complaint.
The J.G. Wentworth v. Settlement Funding case confirms that it is not copyright infringement to use other companies trademarks in their online advertising keywords, in the opinion of this Pennsilvania court. Similar decisions have been made by other courts as well, including California, New York, and Virginia, and the Second Court of Appeals.
However, its important also that online advertisers such as Google AdWords and the trademark owners be aware that the issues of trademark infringement on these ads has not been resolved nationwide. Some courts have decided that purchase of a keyword does constitute use in commerce, and some have not reached a conclusion regarding the question of likelihood of consumer confusion. Other courts, such as New Jersey, California, Georgia, Minnesota, and the ninth Circuit Court of Appeals, have focused on the facts at trials instead of addressing the issues of use in commerce.
In general, however, the courts seem to side with the advertisers who use the keywords rather than the owners of trademarks, although it may be a while before the issue is fully resolved.
About the Author
Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet.
Find out how our lawyers can help you at http://www.masudco.com.
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