Click & Mortar Business Law Blog

  • Adwords Trademark Infringement
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    Is Your Business A Victim of AdWords Trademark Infringement?

Is Your Business A Victim of AdWords Trademark Infringement?

 
AdWords Trademark Infringement
 
Lead generation companies use both registered and unregistered trademarks of their client’s competitors in Adwords sponsored ad campaigns online. It is happening in many industries and is wide-spread. Seemingly, these lead generation companies, on behalf of third party competitors, are essentially using the brand names and related search terms of their client’s competitors as the campaign keyword(s) to promote traffic to their website through sponsored ads. When searching the keyword or keyword phrase on Google, Bing or Yahoo, for example, the sponsored ad and corresponding website appears at or near the top of page in the paid search engine results. The website operators in question are targeting your business’s brand in an effort to siphon the existing goodwill from your business.
The problem, of course, is that these actions may in fact be actually misleading some visitors of the website that have conducted a search online for your […]

How To Avoid Business Check Fraud Liability!

 
Business Check Fraud
 
Your company can be held liable for business check fraud losses that third parties incur from honoring counterfeit checks and legitimate checks which have been “stopped” by your business. The law protects any third parties who honor and cash any checks presented to them where such parties are considered to be a ‘Holder in Due Course’. This protection spells big trouble for unwitting businesses here in Illinois and in other states that have adopted the Uniform Commercial Code, or have adopted similar protections.
What is a ‘Holder in Due Course’…in Layman’s Terms?
A Holder in Due Course (HIDC) is a defined person or entity under the Uniform Commercial Code (UCC) that is afforded significant legal protections when presented with a a seemingly legitimate check. Unfortunately for businesses, especially small business, an HIDC significantly impacts the business’s liability for check fraud and the checks it issues!
In simple terms, a Holder in […]

  • click-wrap agreement
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    Big Click-Wrap Agreement Lesson Provided By The 7th Circuit!

Big Click-Wrap Agreement Lesson Provided By The 7th Circuit!

 

If your business operates a website online that contains a click-wrap agreement, you should pay close attention to the recent decision reached in the Seventh Circuit Federal Court of Appeals.  In Sgouros v. TransUnion Corp., No. 15-1371, 2016 WL 1169411 (7th Cir. March 25, 2016), the Court invalidated the arbitration clause contained on TransUnion’s Service Agreement since it did not provide users with adequate notice of the clause. The Agreement used by TransUnion on its website was a click-wrap agreement, which requires the user to click a button to affirm assent to the agreement’s terms. (As I have always told my clients, having the website user perform some affirmative action to manifest assent to terms and conditions is far safer than using a browse-wrap agreement.)
TransUnion was sued in a putative class action lawsuit by a plaintiff who purchased a “credit score package” on the TransUnion website that turned out to […]

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