Likelihood of Confusion
SEPTEMBER 28, 2023
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™.
43(B)log
DECEMBER 10, 2021
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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Technology & Marketing Law Blog
OCTOBER 9, 2024
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.
43(B)log
JANUARY 19, 2022
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.
43(B)log
MARCH 16, 2023
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.
Michael Geist
FEBRUARY 10, 2024
In fact, in 2011 I wrote about how this was likely to become a major issue for Canadian broadcasters dependent on licensing U.S. In fact, in 2011 I wrote about how this was likely to become a major issue for Canadian broadcasters dependent on licensing U.S. This was back in 2011.
The TTABlog
JANUARY 20, 2022
J & J's advertising and sales figures were "quite impressive." Maher , 100 USPQ2d 1018, 1023 (TTAB 2011). The Board found the mark to be arbitrary, inherently distinctive, and conceptually strong. As to commercial strength, the LISTERINE product has been marketed continuously since 1879. Nike, Inc.
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