This article posted on our partner site Mondaq.com discusses the implications of the use of recognized trademarked goods by Google Glass software for the purpose of triggering ad popups in augmented reality.
The implications are potential claims of trademark infringement by brands who would argue that benefit is being unfairly derived from their brand placement for a third party’s benefit.
This article is useful for counsel and/or companies researching the topic of infringement, as well as for drafters of the disclaimer and/or limitation of liability language included in a hardware or software license agreement or advertising agreement.