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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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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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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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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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Who’s Got The Case? Unfair Competition Suit Between Catalyst Medium Four Inc. (Smartish) and Scooch, LLC

Indiana Intellectual Property Law

According to the Complaint, Smartish, based in Austin, Texas , has been designing and selling mobile phone cases since 2011. The Wallet Slayer has been a key product, with hundreds of thousands of units sold each year, backed by millions spent on advertising across platforms like Amazon , Walmart , and eBay.

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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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Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Technology & Marketing Law Blog

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. 1-800 Contacts. * Another Failed Trademark Suit Over Competitive Keyword Advertising–JIVE v. Google cases. Greenberg v.