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The US Court of Appeals for the Fifth Circuit affirmed that pay-per-click advertisers may be liable under the Lanham Act for “click fraud.” WickFire, LLC v. Laura Woodruff et al., Case.
Thursday, March 11, 2021
The US Court of Appeals for the Fifth Circuit affirmed that pay-per-click advertisers may be liable under the Lanham Act for “click fraud.”
WickFire, LLC v. Laura Woodruff et al., Case No. 17-50340 (5th Cir. Feb. 26, 2021) (Owen, J.)
WickFire and TriMax Media are advertisers that compete in the pay-for-performance search engine marketing business, also known as pay-per-click marketing. In this type of marketing, every time a user clicks on an advertisement, the advertiser pays the search engine (
i.e., Google) a small fee. If the user makes a purchase on the merchant’s site, the merchant pays the advertiser a commission. When a pay-per-click campaign runs smoothly, the advertiser pays a small amount for a click, the click results in a sale, and the commission to the advertiser is more than the advertiser paid for the click.
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DALLAS, March 8, 2021 /PRNewswire/ After seven years of litigation, TriMax has triumphed over Wickfire.
On February 26, 2021, an Appellate Court issued a paramount ruling that Wickfire lacked any evidence to support its claims against TriMax. The decision was made in the United States Court of Appeals for the Fifth Circuit, Case Number 17-3043040. The Appellate Court s ruling reversed all monetary damages previously awarded to Wickfire.
The lawsuit, originally before the Western District of Texas, Case No. 14-CV-34, centered around Google AdWords Auctions, an online-auction platform where companies like TriMax and Wickfire compete for advertising space. Wickfire asserted innumerable claims against TriMax, but as to each one, Wickfire ultimately failed:
Appellate Court Hands Momentous Victory to TriMax Over Wickfire - News Makers newsmakers.pk - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from newsmakers.pk Daily Mail and Mail on Sunday newspapers.