LYCOS RETRIEVER 
Trademark Infringement: Cases
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Defenses against a claim of trademark infringement are similar to those available in copyright infringement cases. In fact, the "fair use" doctrine has probably been the most successful defense in Internet-related cases to date, as demonstrated by Playboy Enterprises, Inc. v. Terri Welles, 7 F.Supp. 2d 1098 (S.D. Cal. 1998) and discussed by the Ninth Circuit Court of Appeals in Brookfield.
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If it done in a generic fashion, there is no issue with trademark infringement IMO. Do you know for a fact that the coupon systems are keyed on competitors' trademarks/brands instead of in a generic fashion as described? This would be a very good analogy if that were the case.
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When parody or satire is involved, courts traditionally have set a higher bar for plaintiffs bringing trademark infringement or dilution claims because of First Amendment concerns. This is why the judge found Al Franken’s use of “fair and balanced” an easy case to dismiss.
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After a two-day presentation in court, a federal judge has ruled in favor of Google in a trademark infringement case filed by insurer GEICO. That frees Google to display rival logos when users search under the keyword GEICO.
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As Second Life grows larger and the number of entrepreneurs selling virtual goods expands, copyright infringement and trademark protection have emerged as one of the most pressing problems affecting in-world businesses. But Second Life businesspeople say they are frustrated at the unclear rules and remedies from Linden Lab, which merchants say has ignored DMCA filings, forcing them to take several recent cases to court
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The best way to gather evidence is to hire a third party to collect evidence against the infringer of your trademark or copyrighted material. Recently at Search Engine Strategies in New York City during February of 2006, Deborah Wilcox, Partner of Baker & Hostetler LLP who specializes in trademark and copyright areas of law said, "Use a third party to make print outs and audit the search results. If the case goes to court you will need hard evidence for the judge."
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