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Best of 2011: Ninth Circuit. Keywords. Trademarks. Hike!

Likelihood of Confusion

First posted on March 11, 2011. involving keyword advertising. The post Best of 2011: Ninth Circuit. Here’s a roundup of what other people are saying about the decision in Network Automation, Inc. Advanced System Concepts, Inc. Trademarks. appeared first on LIKELIHOOD OF CONFUSION™.

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Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising–1-800 Contacts v. Warby Parker

Technology & Marketing Law Blog

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. The message from the Second Circuit is plain: stop bringing competitive keyword advertising cases. This ruling doesn’t address the scenario where the advertiser’s ad copy references the trademark.

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Disgorgement in a noncomparative false advertising case: doctrinal drift?

43(B)log

This allowed McCormick to advertise what seemed like an attractive lower price and charge more. Thus, for disgorgement of profits, a plaintiff need only show the defendant’s “sales of the allegedly falsely advertised products,” after which the burden shifts to the defendant to prove “any costs or deductions.” Edriver Inc.,

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no disgorgement/fees in false advertising case even after Romag remand

43(B)log

Despite Romag , the court declines to award disgorgement or fees in this false advertising case. A jury found that Harbor Breeze proved all elements of liability for false advertising but awarded $0 in damages and profits. And they used the phrase “Feel the Harbor Breezes” in a pay-per-click advertisement on Google.

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False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

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Venice Court on “Balsamic Vinegar” and unfair competition

The IPKat

The Consortium further argued that the use in the labelling of the dressings of the term “Balsamic” breached Regulation (EU) 1169/2011 , as it was not sufficiently clear on the real nature of the products, and that the use of the term “Vinegar” did not comply with the characteristics, provided by Law No. 238 (Law no. 49 of Law No.

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Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?

SpicyIP

These various brands have posted laudatory posts congratulating her for this achievement, while at the same time utilizing her image and Olympic win for their own commercial own use by using it in the form of an advertisement. In 2011, in the landmark case of Titan Industries Ltd. Personality Rights: Publicity or Privacy?

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