Intellectual Property Law

Fifth Circuit Denies Yahoo's Jurisdictional Appeal in American Airlines Keyword Case

By Marty Schwimmer

Prof Goldman: Fifth Circuit Denies Yahoo's Jurisdictional Appeal in American Airlines Case:

Yahoo's principal argument was that the parties' lawsuit was governed by its Sponsored Search Agreement, which had a mandatory venue clause requiring litigation in Yahoo's home court. The district court judge did not respond well to that argument, calling it "completely nonsensical." The appeals court wasn't as harsh but still concludes that Yahoo didn't make the extraordinary showing required to obtain the relief Yahoo sought--even though American Airlines is seeking disgorgement of its payments under the Sponsored Search Agreement as one of the requested remedies.

Full post as published by Trademark Blog on March 16, 2009 (boomark / email).