Electronic Retailer - June 2012 - 11

Fourth Circuit Revives Rosetta Stone’s Claims Against Google Over AdWords
RICHMOND, Va. – In a closely-watched battle, the Fourth Circuit brought life back into Rosetta Stone’s trademark infringement and dilution claims against Google stemming from its AdWords program. Google’s AdWords program allows advertisers to purchase “keywords” that launch the advertisers’ ads when the keyword is entered as a search term in Google. In a series of changes in policy, Google permitted the use of trademarks as search triggers and later in the title or text of ads in certain circumstances. Rosetta Stone filed a complaint against Google in 2009 alleging that Google’s policies created a likelihood of confusion, as well as actual confusion, leading internet users into buying counterfeit Rosetta Stone products. The district court ruled in favor of Google on all counts in 2010. Numerous well-known brands including Ford, Viacom, Coach, Rolls-Royce, NFL, Tiffany, Tivo, Tumi and others, filed amicus briefs in this case. In April,  the Fourth Circuit vacated the district court’s order with respect to Rosetta Stone’s direct trademark infringement, contributory infringement and dilution claims. The appellate court reasoned that there were still issues of material fact with respect to whether Google’s use of the Rosetta Stone mark was likely to cause confusion among consumers. One remaining factual issue in the confusion analysis was whether Google intended to create confusion by permitting advertisers to use trademarked terms. The record showed that Google’s underlying reason for changing its policy with respect to trademark terms was “largely for financial reasons,” and its own internal study suggested that there was significant

DRTV STATWATCH BY IRV BRECHNER

Our iPad never leaves my wife’s lap while she’s watching TV. It’s truly an example of multitasking and symptomatic of the way the world is going. In addition to checking email, Nielsen reports that 60+ percent surf the web for unrelated content and about 60 percent visited a social networking site. Plus, 40+ percent look up information related to the TV programming and, here’s the important one, 30 percent searched for information about an advertised product.

You’ve got to be thinking of ways to “be there” when consumers watch your infomercial with their tablets or smartphones in hand. In short: • Consider testing an email program where you send a special offer for the product featured in your infomercial, timed to arrive during the program. • Make sure you have a social media presence that reinforces your DRTV effort, so when viewers look for you, they can easily find you. • Make sure it’s easy to find your product website by using both organic (SEO) and paid (SEM) search effectively. These tips are just the tip of the iceberg. Get your creative juices going, now that you know what consumers do while watching TV. *2011 Consumer Media Usage Report from Nielsen, January 2012 Irv Brechner is executive vice president and creator of Acquirgy’s Customer Acquisition IntelCenter and can be reached at (732) 321-1924 or irv@acquirgy.com.

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Electronic Retailer - June 2012

Table of Contents for the Digital Edition of Electronic Retailer - June 2012

Calendar of Events
Your Association,Your Bottom Line
Industry Reports
FTC Forum
eMarketer Research
IMS Retail Rankings
Jordan Whitney's Top Categories
Ask the Expert
From the Executive's Desk
Thinking Outside the Box
DRTV's New Best Practices
It's Time to Think Differently About Payment Processing
Guest Viewpoint
Guest Viewpoint
DRTV
U.S. Hispanic
Member Spotlight
Advertiser Spotlight
Advertiser Index
Bulletin Board
Classifieds
Rick Petry
Electronic Retailer - June 2012 - cover1
Electronic Retailer - June 2012 - cover2
Electronic Retailer - June 2012 - 3
Electronic Retailer - June 2012 - 4
Electronic Retailer - June 2012 - 5
Electronic Retailer - June 2012 - 6
Electronic Retailer - June 2012 - Calendar of Events
Electronic Retailer - June 2012 - Your Association,Your Bottom Line
Electronic Retailer - June 2012 - 9
Electronic Retailer - June 2012 - Industry Reports
Electronic Retailer - June 2012 - 11
Electronic Retailer - June 2012 - 12
Electronic Retailer - June 2012 - FTC Forum
Electronic Retailer - June 2012 - eMarketer Research
Electronic Retailer - June 2012 - 15
Electronic Retailer - June 2012 - IMS Retail Rankings
Electronic Retailer - June 2012 - 17
Electronic Retailer - June 2012 - Jordan Whitney's Top Categories
Electronic Retailer - June 2012 - 19
Electronic Retailer - June 2012 - Ask the Expert
Electronic Retailer - June 2012 - 21
Electronic Retailer - June 2012 - 22
Electronic Retailer - June 2012 - From the Executive's Desk
Electronic Retailer - June 2012 - Thinking Outside the Box
Electronic Retailer - June 2012 - 25
Electronic Retailer - June 2012 - 26
Electronic Retailer - June 2012 - 27
Electronic Retailer - June 2012 - 28
Electronic Retailer - June 2012 - 29
Electronic Retailer - June 2012 - DRTV's New Best Practices
Electronic Retailer - June 2012 - 31
Electronic Retailer - June 2012 - 32
Electronic Retailer - June 2012 - 33
Electronic Retailer - June 2012 - It's Time to Think Differently About Payment Processing
Electronic Retailer - June 2012 - 35
Electronic Retailer - June 2012 - 36
Electronic Retailer - June 2012 - 37
Electronic Retailer - June 2012 - 38
Electronic Retailer - June 2012 - Guest Viewpoint
Electronic Retailer - June 2012 - 40
Electronic Retailer - June 2012 - Guest Viewpoint
Electronic Retailer - June 2012 - 42
Electronic Retailer - June 2012 - 43
Electronic Retailer - June 2012 - 44
Electronic Retailer - June 2012 - DRTV
Electronic Retailer - June 2012 - U.S. Hispanic
Electronic Retailer - June 2012 - 47
Electronic Retailer - June 2012 - Member Spotlight
Electronic Retailer - June 2012 - 49
Electronic Retailer - June 2012 - Advertiser Spotlight
Electronic Retailer - June 2012 - Bulletin Board
Electronic Retailer - June 2012 - Classifieds
Electronic Retailer - June 2012 - 53
Electronic Retailer - June 2012 - Rick Petry
Electronic Retailer - June 2012 - cover3
Electronic Retailer - June 2012 - cover4
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