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.

Upcoming Events

  • AIPLA 2021 Annual Meeting On-Demand!

    May 28 to August 1, 2022   |   Virtual Attendees can receive 1,140 CLE minutes, including 90 minutes of Ethics for the on-demand sessions.

    AIPLA's 2021 Annual Meeting is now available on-demand. View all the sessions presented by some of the best IP professionals in the industry.
  • 2022 Mid-Winter Institute On-Demand

    May 28 to July 31, 2022   |   915 on-demand CLE minutes, including 60 minutes of Ethics

    AIPLA's 2022 Mid-Winter Institute is now available on-demand. In a fast changing world where technologies have followed suit, IP professionals around the world face the challenge of acquiring the right tools to fully protect cutting edge innovations.
  • 2022 Electronic and Computer Patent Law Virtual Summit

    June 15 to 16, 2022   |   TBD

    The Electronic and Computer Law Committee’s June Roadshow has gone virtual! Join us June 15 & 16 as we explore topics relevant to electronic and computer patent law, and earn plenty of CLE credit along the way.
  • 2022 Design Rights Boot Camp - Arlington, VA

    June 23 to 24, 2022   |   710 Minutes of CLE

    The Design Rights Boot Camp is a first of its kind two-day comprehensive CLE program designed for both new and experienced IP practitioners who wish to learn about protecting and enforcing designs in all areas of IP, including design patents, copyright and trademark dress. Join us for this in-person event!
  • AIPLA 2022 Annual Meeting

    October 27 to 29, 2022

    To be held at the Gaylord National Resort and Convention Center in National Harbor, MD.