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Online retailer Warby Parker was sued by 1-800 Contacts for using keywords with the latter’s brand to redirect searchers to the Warby Parker online store. The case was dismissed by a federal judge in Manhattan, saying Warby Parkers ads are unlikely to confuse potential customers.

1-800 Contacts Answer. A spokesman for 1-800 Contacts said after the ruling that the judge’s decision was “inconsistent with several well-established legal principles” and that the company was “assessing appropriate next steps, including whether to appeal.”

The decision. Judge Kevin Castel objected to 1-800 Contacts arguing that shoppers are unlikely to think they are buying at 1-800 Contacts when they click on a Warby Parker ad. Castel also said companies ’brands are too different to confuse contact lens buyers, who are likely to pay close attention to what they buy, noting that Warby Parker’s name is clearly displayed in search results and on his website.

Castel added that prospective buyers will take the time to find that the search results are related to the Warby Parkers website, and will therefore find that they are buying from contacts from the Warby Parkers website.

Sounds familiar. We are at the beginning of this year reported on Edible Arrangements’ attempt to sue Google for theft, conversion and extortion. Edible Arrangements lost this lawsuit, but this was not the first case the courts dealt with due to trademark and copying issues.

In my own Google search, I couldn’t mimic the results on which this dress was based, and I didn’t find any Warby Parker ads at first. You can read the article and the verdict at Reuters here.

Why we care. The dismissal of the lawsuit against Warby Parker should concern advertisers competing for branded keywords. If you’re facing a similar issue, you can visit Google Brand Help document, but this can be a long – term and temporary problem. Conversely, if you use other brand keywords in your advertising strategy, be careful as you may see yourself in hot water.


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About the author

Nicole Farley is the editor for Search Engine Land, which covers all things PPC. In addition to being a Marine Corps veteran, he has extensive experience in digital marketing, an MBA, and a penchant for real crime, podcasts, travel, and snacking.

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