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 Uline Inc. v. JIT Packaging Inc.

According to the U.S. District Court for the Northern District of Illinoi (Uline Inc. v. JIT Packaging Inc., N.D. Ill. No 04 C 1954, 6/26/06), Google and Overture acted within their respective advertising agreements when they restricted the use of certain comparative ads ("Save Up to 70% Over ULINE") in response to complaints from a trademark owner. The court made it plain that the trademark owner did not tortiously interfer with the advertiser's agreement. JIT had argued that Uline pushed Google to breach its advertisement agreement by forcing JIT to modify its ads even though Uline failed to comply with Google's "Trademark Complaint Procedure": Google had acted upon a phone call from Uline. According to the court, Google's policy does not state that it will only accept complaints that comply with the preferred format.

  • Uline Inc. v. JIT Packaging Inc., N.D. Ill. No 04 C 1954, 6/26/06

 

 

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