2023 Confidentiality False Advertising Trademark 
Technology & Marketing Law Blog
JUNE 8, 2024
In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006.
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 ).
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43(B)log
SEPTEMBER 6, 2023
Heuberger, 2023 WL 5334192, No. 18, 2023) (magistrate) Route is a package tracking company that provides shipping insurance to e-commerce merchants. False advertising: The comments about Route were opinion and not actionable under the Lanham Act. Route App, Inc. 2:22-cv-00291-TS-JCB (D.
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. 2023 WL 3340214 (W.D.
43(B)log
APRIL 25, 2023
2023 WL 3046592, No. 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Smarty Pear allegedly used confidential information to inject the market with a new—and virtually identical—automated litter box: the Leo’s Loo.
Technology & Marketing Law Blog
SEPTEMBER 18, 2023
The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. The district court initially dismissed Adler’s trademark claims , but the Fifth Circuit unfortunately revived the claims citing initial interest confusion (UGH). McNeil Consultants LLC, 2023 WL 5600128 (N.D. July 27, 2023).
Technology & Marketing Law Blog
AUGUST 30, 2023
The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. . ” Actual confused. “Undetermined.” Not relevant.
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