Issues involving the application of trademark laws relative to online media content have been present since the beginning of the internet. However, the legal ramifications of how trademark infringement may be evaluated and litigated have evolved over time, and company executives and internet marketers may be unaware of the options and risks involved with their online activities.
Those educated in the basics of business law are aware that infringing upon a company’s marks may open one up to liabilities, if a claim of trademark infringement is made. However, if traditional online marketing activities are also involved in a trademark dispute, there is now significant potential that damages could become multiplied. Combining Search Engine Optimization (“SEO”) and/or online advertising — such as Pay-Per-Click ads (“PPC”) — with occurrences of trademark infringement, may increase the instances of “misimpressions”, which are individual exposures of a company’s marks used in an improper context. Total numbers of misimpressions may be accounted by courts in determining the degree of infringement, and used as a basis for calculating damages to be awarded to a plaintiff.
Chris Silver Smith, a frequent legal expert witness and experienced online marketing consultant, will bring valuable insights to these topics, based upon his experiences in working on “PODS Enterprises, Inc. v. U-Haul International, Inc.”, a landmark federal trademark infringement lawsuit (see “U-Haul Boxed In With $60M Verdict In PODS Trademark Suit“). Smith also worked as an expert witness on “Academy of Motion Picture Arts & Sciences v. Godaddy.com, Inc.” (see “Film Academy Loses to GoDaddy in Oscars Cybersquatting Battle“), as well as other cases involving SEO and trademark disputes.
The SMX West conference session is titled, “SEO & PPC In Trademark Law: The High Price Of What You Don’t Know”, and is scheduled for March 23, 2017, from 1:30 to 2:00pm at the San Jose McEnery Convention Center in San Jose, California.
For more information, or to register to attend, visit the official SMX West website.