2023 Advertising False Advertising Trademark Law 
The IP Law Blog
DECEMBER 29, 2023
Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v.
Technology & Marketing Law Blog
JUNE 8, 2024
This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.”
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Technology & Marketing Law Blog
MAY 13, 2023
Kudos to Nicolet Law for surviving the motion to dismiss, but I’m wondering if it will ultimately regret filing this lawsuit–either because its trademark gets busted or because it made a federal case out of nothing. For more background on competitive keyword advertising by lawyers, see this article. LoanStreet v.
Technology & Marketing Law Blog
SEPTEMBER 18, 2023
This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. For background on the legal battles over keyword advertising by lawyers, see this article.
Technology & Marketing Law Blog
AUGUST 30, 2023
This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.
Technology & Marketing Law Blog
JANUARY 8, 2024
This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).
43(B)log
JANUARY 27, 2023
2023 WL 416080, No. False advertising: Spiralverse allegedly falsely advertised its version of the Piano Book on Amazon as “new,” despite the rebinding, residue, and front labels. Was this literally false? Steeplechase Arts & Productions, L.L.C. Wisdom Paths, Inc., 22-02031 (KM)(MAH) (D.N.J.
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