BYU Copyright Blog

JULY 3, 2023

DBA THE DWIGHT SCHOOL (“NYPSI”) for copyright infringement.Libera is the owner of Libera Design and is a professional photographer, he specializes in tourism advertising as well as motion-controlled-time lapse. Libera’s work “was and is widely published worldwide” and “used on TV and in advertising.”

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Settlement Copyright Advertising Advertising 52

Trademark and Copyright Law Blog

OCTOBER 17, 2022

Matters relating to copyright, trademark and advertising law give rise to some special ethical considerations. Negotiating settlement of advertising-related competitor suits and class actions. Ethical duties are paramount in any legal practice. Even unintentional missteps can be detrimental to the attorney, and their client.

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Advertising Advertising Trademark Copyright 75

TorrentFreak

JULY 9, 2022

Several of these lawsuits have ended in settlements, where some VPNs services agreed to block notorious pirate sites or BitTorrent traffic on US-based servers. These VPN providers emphasize in advertisements that they delete their end users’ log access records so their identities will never be disclosed to copyright owners or law enforcement.

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Advertising Advertising Copying Trademark 137

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. As the court says later, “it seems unlikely that an Internet user who reads defendant’s advertisements would believe that they belong to or are endorsed by plaintiffs.”

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IP Law 360

SEPTEMBER 21, 2023

s $12 million settlement with Hawaiian coffee farmers over claims that the chain sold products that were falsely advertised as authentic Kona coffee. A Washington federal judge Thursday approved convenience store chain MNS Ltd.'s

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Settlement False Advertising Advertising Advertising 40

Indiana Intellectual Property Law

MAY 31, 2024

Eli Lilly and Company has reached a settlement with Totality Medispa , a South Carolina -based medical spa, after filing lawsuits in late 2023.

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False Advertising Advertising Advertising Settlement 52

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.

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False Advertising Advertising Advertising Privacy 59

IPilogue

MARCH 22, 2023

According to the complaint, BetterHelp used and revealed consumers’ email addresses, IP addresses, and health questionnaire information to Facebook, Snapchat, Criteo, and Pinterest for advertising purposes”, including “identify[ing] similar consumers and target[ing] them with advertisements for BetterHelp’s counseling service.”

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Advertising Advertising Privacy Settlement 40

IP Law 360

SEPTEMBER 18, 2024

A Houston-based personal injury firm has reached a settlement with an Oklahoma-based marketing company it accused in a federal lawsuit of diverting clients and business to competitors through misleading advertisements in a click-to-call scheme.

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Marketing Marketing Settlement Advertising 52

IP Law 360

SEPTEMBER 13, 2024

A Colorado-based mobile outfit that administers IV treatments to customers in their homes must stop all advertising and web promotion that gives the impression it offers Eli Lilly medications, according to a settlement approved by a federal judge

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43(B)log

AUGUST 22, 2022

18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’”

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Technology & Marketing Law Blog

OCTOBER 6, 2024

The court says “Because Walmart does not pay search engines to return organic search results or index webpages, it does not “use” the marks in connection with the sale or advertisement of goods.” “Walmart contends that the purchase of these Google advertisements does not constitute a “use” of Plaintiff’s Marks. .”

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Advertising Advertising False Advertising Trademark 76

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. ” More Posts About Keyword Advertising * Internal Search Results Aren’t Trademark Infringing–PEM v. ” That prompted this litigation. ” UGH.

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Trademark Advertising Advertising False Advertising 106

43(B)log

SEPTEMBER 7, 2023

4, 2023) McCracken alleged that SlimFast food products were falsely advertised as “CLINICALLY PROVEN [ – ] LOSE WEIGHT & KEEP IT OFF” on the front of their packaging. The case was later dismissed after an individual settlement.) McCracken v. KSF Acquisition Corp., 2023 WL 5667869, No. 5:22-cv-01666-SB-SHK (C.D.

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False Advertising Advertising Advertising Settlement 59

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Princeton then sued Wonderland and the models, seeking a declaratory judgment that it has no obligations under the Consent Judgment.

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IP Watchdog

JUNE 24, 2022

Department of Justice announces a settlement with Facebook owner Meta Platforms over allegations of biased advertising algorithms; U.S. This week in Other Barks & Bites: the Federal Circuit vacates Eastern Virginia’s denial of a motion for recusal, nixing a $2.75

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Settlement Copyright Advertising Advertising 59

43(B)log

AUGUST 27, 2021

After a settlement with one defendant, the two remaining defendants “are the sole licensors of the PS 1-09 stamp to 36 Brazilian plywood mills that export structural plywood to the United States.” As for the contributory false advertising claim, it too was well pled. Plaintiffs brought negligence and Lanham Act claims.

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Technology & Marketing Law Blog

MAY 13, 2023

For more background on competitive keyword advertising by lawyers, see this article. May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?) 2023 WL 3340214 (W.D.

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Law Advertising Advertising False Advertising 99

43(B)log

MAY 2, 2022

15, 2021) (R&R) This long and citation-heavy opinion would be a good cheat sheet for looking at class action settlement approvals generally, especially in the 11th Circuit. But when it comes to surveys or, here, approving settlements, matters can differ. The court would have continuing jurisdiction to rule on any challenge.

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IP Law 360

MARCH 22, 2024

A Georgia federal judge ended Edible Arrangements' trademark suit accusing 1-800-Flowers.com of bidding on and buying keywords related to Edible's products for search engine advertisements, finding the parties' prior settlement releasing 1-800-Flowers from similar conduct challenged by Edible in Connecticut federal court years ago barred its current (..)

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Settlement Advertising Advertising IP 52

Technology & Marketing Law Blog

FEBRUARY 16, 2022

More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

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IP Advertising Advertising Trademark Law 134

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

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Advertising Advertising Trademark Cease and Desist 52

43(B)log

SEPTEMBER 13, 2022

12, 2022) An insurance coverage case about a false advertising claim that doesn’t turn on “advertising injury”! Did the undefined term “unfair trade practices” include consumer protection and false advertising? N21C-10-100 MMJ CCLD, 2022 WL 4128608 (Del. The insurers refused Godiva’s demand to cover the claim.

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False Advertising Settlement Advertising Advertising 59

Technology & Marketing Law Blog

MAY 22, 2023

This case involves two rival personal injury law firms in Arizona, one of which engaged in competitive keyword advertising against the other. May 18, 2023) More Posts About Keyword Advertising * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

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Advertising Advertising False Advertising Trademark 110

TorrentFreak

AUGUST 1, 2022

The company was accused of advertising on torrent sites such as YTS and billing itself as a “Porcorn Time VPN.” This far-reaching measure appears to have paid off as both parties have just informed the Virginia federal court that a settlement has been reached. Settlement With Blocking Requirements. No Logging!

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Settlement Confidentiality IP Advertising 141

Technology & Marketing Law Blog

AUGUST 30, 2023

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. ” But the advertiser was engaging in comparative advertising, which I think also strongly serves the public interest.

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Advertising Advertising False Advertising Trademark 93

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. For background on the legal battles over keyword advertising by lawyers, see this article. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Adler PC v.

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Advertising Advertising False Advertising Trademark 90

Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. Now he’s helping out by helping build out defense-side keyword advertising precedents. More Posts About Keyword Advertising. * How extensively do they discuss the risks?

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43(B)log

DECEMBER 16, 2022

15, 2022) The court of appeals reversed summary judgment in favor of an insurer, and ordered partial summary judgment for the insured, on the duty to defend in underlying litigation based on advertising injury coverage for trade dress infringement (depicting allegedly infringing products) in the insured’s advertising.

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Advertising Advertising False Advertising Intellectual Property 59

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

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Trademark Advertising Advertising False Advertising 87

TorrentFreak

AUGUST 8, 2022

BREIN also kept a close eye on advertisements for pirate services and other illegal offerings. A total of 3,210 advertisements were flagged and reported, while 18 persistent advertisers were identified and stopped. Camcording, Settlements and Warnings. Pirate Bay Blockade Expands.

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Settlement Advertising Advertising Reporting 134

IP Law 360

JUNE 3, 2022

Days before a trial was set to begin in the Eastern District of Texas, a Sony unit that operates an anime streaming service reached a settlement with a company that accused it of infringing an advertising patent.

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Settlement Advertising Advertising Patent 76

TorrentFreak

MAY 20, 2022

New Pirate IPTV Sales Breached Settlement Agreement. But BREIN says that in subsequent investigations a number of adverts and websites showed traces of the same perpetrator, leading to the conclusion that the man was in breach of the settlement agreement. 5,000 Penalty For Any New Subscriptions.

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Settlement Marketing Marketing Advertising 122

Technology & Marketing Law Blog

AUGUST 17, 2021

However, “[b]ecause meta tags direct internet traffic and are invisible to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). More Posts About Keyword Advertising. Distraction is insufficient. OK, I guess.

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Advertising Advertising Trademark Settlement 105

JD Supra Law

NOVEMBER 14, 2022

Provided that these risks are managed correctly, ambush marketing can allow an advertiser to benefit from the buzz around an event without having to shell out on expensive sponsorship fees, settlements or damages. But what is ambush.

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Marketing Marketing Art Settlement 52

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. In addition to copyright infringement, Atari brought claims for business disparagement, false information and advertising, unfair competition, and unjust enrichment.

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Technology & Marketing Law Blog

MARCH 13, 2022

More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

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Trademark Advertising Advertising Settlement 87