9th Circ. Finds AOL's 'Advertising.com' Mark Generic

Law360, New York (August 4, 2010, 3:56 PM EDT) -- A federal appeals court has reversed a lower court's decision to enjoin a Web advertising service from using the trade name Advertise.com as it fights trademark infringement claims brought by AOL Advertising Inc., ruling that the Internet giant's “Advertising.com” mark is generic.

Adding a dot-com qualifier to a generic word like “advertising” doesn't add description to the mark itself, a three-judge panel in the U.S. Court of Appeals for the Ninth Circuit ruled Tuesday.

The appeals court was not gentle in its criticism of Judge Valerie...
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