Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. 2022 WL 4596646 (C.D.

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Advertising Advertising False Advertising Trademark 111

SpicyIP

AUGUST 25, 2021

Her previous guest post on the blog can be viewed here. Domex Advertisement: Product Disparagement or Nominative Fair Use? Advertising is an important factor in deciding a product’s future success. Legal Position on Comparative Advertisement. The advertising of one’s own goods is not prohibited.

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Fair Use Advertising Advertising Brands 105

Dragons' Den

JANUARY 18, 2024

I went from working in a top advertising agency, with a busy social life and exercising regularly to being mostly house bound and unable to walk for more than 5 minutes without having to get back into bed. If you scored our Dragons' Den IP Blog highly, make sure to subscribe and look out for next week's edition!

Blogging 141

Blogging IP Licensing Business 141

Technology & Marketing Law Blog

OCTOBER 6, 2022

Eric’s Prior Tattoo Copyright Blog Posts. Tattoo Advertising/Human Billboards. WWE 2K (Guest Blog Post) appeared first on Technology & Marketing Law Blog. In short, opportunistic lawsuits brought by a handful of tattooers run the risk of devastating the industry as a whole. An appeal in Alexander v.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

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.”

Advertising 105

Advertising Advertising Privacy Settlement 105

Technology & Marketing Law Blog

MAY 13, 2024

seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping. The alleged “harm” here was a report that painted Twitter in an unflattering light and caused Twitter to purportedly lose advertising revenue. See FAC ¶¶ 70, 78; see also ACLU Br.

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Blogging Contracts Cease and Desist Social Media 123

Technology & Marketing Law Blog

OCTOBER 9, 2024

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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Advertising Advertising Trademark False Advertising 98

Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

DECEMBER 10, 2023

The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. Last week I blogged M.S. Google opinion.

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False Advertising Advertising Advertising Marketing 95

Technology & Marketing Law Blog

MAY 30, 2022

Courts in the Fifth Circuit consider: (1) the type of mark allegedly infringed; (2) the similarity between the two marks; (3) the similarity of the products or services; (4) the identity of retail outlets and purchasers; (5) the identity of the advertising media used; (6) the defendant’s intent; and (7) actual confusion. The complaint.

Blogging 111

Blogging Social Media Television Fair Use 111

Technology & Marketing Law Blog

FEBRUARY 16, 2022

I have a long-standing personal policy not to give my consumer dollars to any entity that I mock on the blog for IP overreaches. More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

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IP Advertising Advertising Trademark Law 141

Technology & Marketing Law Blog

APRIL 3, 2023

Bad Spaniels (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post The First Amendment Limits Trademark Rights, But How?–Jack –Jack Daniel’s v.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Eric’s closing note: for more on that latter point, see my decade-old thinkpiece on online trespass to chattels.].

Blogging 131

Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

JANUARY 23, 2024

Plaintiff visited the Mizzen and Main website on his mobile device, which advertised the company’s messaging program and offered a discount to customers who signed up for emails and texts. The post Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Contracts 98

Contracts Blogging Advertising Advertising 98

43(B)log

JUNE 29, 2023

27, 2023) Proceedings below most recently blogged here. Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for false advertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews. Heartwise, Inc., 4th -, 2023 WL 4189604, Nos.

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Technology & Marketing Law Blog

NOVEMBER 20, 2022

Plaintiff argues that CDA immunity does not apply, “because Seamless actively created the profiles and advertising webpages giving rise to this suit.” Defendant argues that Plaintiff’s name or likeness appearing in a string of search results on the same page as a paywall option does not create an unlawful advertisement.

Advertising 119

Advertising Advertising Blogging Reporting 119

Technology & Marketing Law Blog

OCTOBER 25, 2023

18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Netflix appeared first on Technology & Marketing Law Blog. Netflix, Inc.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

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.

Trademark 129

Trademark Advertising Advertising False Advertising 129

Erik K Pelton

NOVEMBER 15, 2021

This is based on one of my favorite blog posts from many years ago, which is based on one of the great classic rock songs by Paul Simon, 50 Ways to Leave Your Lover. I’ve got 50 Ways to Use Your Trademark. On media kits; on folders; in brochures; on travel bag tags.

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Technology & Marketing Law Blog

JANUARY 12, 2022

So it’s a nostalgic kick to blog a pure click fraud ruling in 2022. “Singh has testified that he read alleged misrepresentations about invalid clicks on the AdWords blog and that he relied on those statements before signing up for AdWords. Commonality. ” Typicality. per month and Home Depot spends $6.81M per month.

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Advertising Advertising Settlement Blogging 113

Technology & Marketing Law Blog

AUGUST 2, 2023

s advertisement for hats, copying Sarony’s Oscar Wilde No. The post How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Ehrich Bros.’s 2023, Generative AI Works Found Ineligible for Copyright Under the U.S.

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Artwork Blogging Art Copyright 98

Technology & Marketing Law Blog

AUGUST 24, 2021

This lawsuit alleges that Facebook is liable for Fair Housing Act discrimination purportedly enabled by its self-service advertising tools. The plaintiffs allege Facebook had a role in “creating, promoting use of, and profiting from paid advertisers’ use of the Targeting Ad tools.”

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Advertising Advertising Marketing Marketing 137

Technology & Marketing Law Blog

JULY 18, 2023

This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Google (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts first appeared on this blog on February 9, 2005, my second day of blogging. 17 years later, I’m still blogging their ignoble trademark lawsuits. This is the correct way to analyze the mark similarity factor in competitive keyword advertising cases, though many courts have not taken this approach.

Trademark 111

Trademark Advertising Advertising Blogging 111

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

Lanham Act False Advertising. Second, on appeal to the Supreme Court, Justice Thomas used the cert denial as an excuse to blog his misguided free-association thoughts about why he hates Section 230. The legacy of Justice Thomas’ blogging will live on long after the Enigma case is over. Blog post on amicus briefs.

Blogging 145

Blogging False Advertising Law Advertising 145

Technology & Marketing Law Blog

APRIL 29, 2022

The court disagrees (emphasis added): As in Dyroff , Plaintiffs’ allegations here do not establish that Meta materially contributed to the illegality of the specific advertisements in question. At most, Plaintiffs’ allegations establish that Meta encouraged and solicited third parties to advertise on its platform.

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Contracts Advertising Advertising Publishing 128

Technology & Marketing Law Blog

MARCH 14, 2024

But whether this is officially precedent or not, this line of thinking will be delicious chum for plaintiff’s lawyers. * * * Eric’s Comment : Cellphone plans often advertise they are “unlimited,” but many Internet access contracts cap the total available amount of data the subscriber can transit. (At month plans).

Blogging 98

Blogging Contracts Law Advertising 98

Technology & Marketing Law Blog

FEBRUARY 17, 2025

[This opinion from December got stuck in my blogging queue. I’m blogging it now as part of my ongoing efforts to highlight the censorial effects of mandatory editorial transparency laws.] The state can extract this information from political advertisers. The information does not need to come only from publishers.

Law 52

Law Advertising Advertising Publishing 52

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?

Trademark 119

Trademark Advertising Advertising Litigation 119

Technology & Marketing Law Blog

DECEMBER 28, 2021

Making a website that’s visible in Texas, of course, does not suffice…Grannies with cooking blogs do not, and should not, expect lawsuits from Maui to Maine.” First, HuffPost displayed ads from Texas-based advertisers. Second, it used visitors’ location data to tailor advertising to them.

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Advertising Advertising Blogging Marketing 145

Technology & Marketing Law Blog

JULY 17, 2021

Some related blog posts: Domino Pizza’s Website Violated the Americans With Disabilities Act (ADA)–Robles v. Gannett appeared first on Technology & Marketing Law Blog. From the court’s conclusion reaching a different result than the Scribd case, I infer the court disagreed with the Scribd ruling. Case citation : Suris v.

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Blogging Television Publishing Advertising 130

The IPKat

FEBRUARY 11, 2025

He has experience working with clients in advertising, fashion, FMCG, retail and technology. St Atilla , who started blogging on The IPKat as an InternKat, will now contribute to the Team as a GuestKat, whilst GuestKat Anastasiia Kyrylenko will continue our collaboration as Book Review Editor. More on Oliver here.

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Intellectual Property Patent Drafting IP Copyright Law 64

Technology & Marketing Law Blog

DECEMBER 11, 2021

I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry ), and today I’ll blog two more. The court says that the publicity rights claim isn’t preempted to the extent that “PeopleConnect is using their names and likenesses to advertise the subscription membership.” Section 230.

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Advertising Advertising Social Media Blogging 111

Technology & Marketing Law Blog

DECEMBER 13, 2023

In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” Guest Blog Post) appeared first on Technology & Marketing Law Blog. TOU at 6-7. ” TOU at 1. at 976-977.

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Blogging Copyright Contracts Cease and Desist 98

Technology & Marketing Law Blog

JULY 26, 2023

In addition to providing Chegg’s for-pay services online for free, Homeworkify has used and continues to use Chegg’s name in Google Advertising. Doe (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The horror! The domain registration is cloaked.

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Cease and Desist Blogging Contracts Privacy 98

Technology & Marketing Law Blog

MAY 4, 2022

“Plaintiff contends that Pinterest has infringed the copyrights of 51 of his works by displaying these works in proximity to advertisements and by displaying and distributing them to users via notifications.” You’ll see to its immediate right an advertisement (a promoted pin).

Advertising 119

Advertising Advertising Copyright Infringement Copyright 119

Technology & Marketing Law Blog

AUGUST 19, 2021

The court says: The offending content is generated by Classmates and the advertisement is not merely some passive display of content created by another entity, even if it contains a picture from a school yearbook. Here, the focus is on Classmates’ use of a yearbook photo in stand-alone advertisements it uses to lure in potential customers.

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