1-800 Contacts v. Federal Trade Commission, 2nd Cir., No. 18-3848, amicus brief filed 06/14/2019. June 14, 2019

File Downloads

All documents are in PDF format.

At issue in this case are commonplace settlement agreements in which the parties agree to dismiss trademark infringement lawsuits on the conditions that the alleged infringers no longer advertise using specific keywords and that they purchase negative keywords preventing their advertisements from displaying whenever an Internet search includes the plaintiff’s marks.

 

The Commission erred in multiple respects in holding, many years later, that the parties’ agreed-upon advertising prohibitions unreasonably restrain trade in violation of the Federal Trade Commission Act.

 

First, the Commission erred in presuming that the settlements were unlawful instead of applying a rule-of-reason antitrust analysis.

 

Second, the vague “minimum threshold of validity” antitrust standard pro-posed by the Commission goes against precedent and decreases predictability and reliability.

 

In light of these errors, AIPLA respectfully urges the Court to vacate the Com-mission’s Order and remand this action for an application of the rule-of-reason standard.

Current Status

Final

Upcoming Events

  • Legal Secretaries & Administrators Conference

    December 16 to 17, 2019

    This two-day conference, which has been a cooperative effort with AIPLA and the United States Patent & Trademark Office, for 40 years, is an ongoing outreach program that debuted in 1979. It is the premiere source of help and information for hundreds of office administrators, paralegals, and legal secretaries.
  • AIPLA 2020 Mid-Winter Institute

    January 29 to February 1, 2020

    Join a diverse, global community of law firms, companies, and institutions involved in the practice of patent, trademark, copyright, trade secret, and other unfair competition laws at AIPLA's Mid-Winter Institute at the Sheraton Grand at Wild Horse Pass in Phoenix, AZ.
  • 2020 Patent Prosecution Boot Camp - Seattle, WA

    February 26 to 28, 2020

    The Patent Prosecution Boot Camp is a comprehensive, CLE-accredited seminar that includes instructional lecture-style sessions with practical tips on US and international patent preparation and prosecution, as well as hands-on interactive workshops that will walk you through drafting claims and responding to office actions.