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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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Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

Technology & Marketing Law Blog

This is a competitive keyword advertising lawsuit. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. ” Marketing channel. Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.”

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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. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers.

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Gerber's Good Start troubles continue

43(B)log

2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) He would further opine that “there is a significant and substantial body of scientific evidence to support the representations in the Challenged Advertisements.” and] an allergy risk reduction benefit.”

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2023 Internet Law Year-in-Review

Technology & Marketing Law Blog

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. Musk has bridged that gap. unless you are a Nazi or wannabe.

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Small cars, big trouble reloaded

The IPKat

The defendant manufactured and sold high-priced model cars, in particular for collectors and advertising clients. Both dates were rather close together and they covered March/April 2011 to March/April 2016. On the market for model cars, the reputation of the model car manufacturer may also play an important role.

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TTABlog Test: Is PISSTERINE Confusable with LISTERINE for Mouthwash?

The TTABlog

As to commercial strength, the LISTERINE product has been marketed continuously since 1879. 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. Nike, Inc.

Fair Use 143