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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IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

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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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Technology & Marketing Law Blog

MARCH 8, 2024

As a super-notice, it can produce cash payouts from settlements or default judgments (which are enforced against the cash held at the online marketplace, so they have actual value). As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising.

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Michael Geist

OCTOBER 4, 2022

The blog series on why Bill C-18, the Online News Act, is a bad solution to a real problem continues with the first of several posts on the eligibility rules, starting with the decision to make the CBC eligible for the system that could lead to mandated payments. The 2021 Liberal platform seemed to acknowledge the concern by committing to:

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IPilogue

SEPTEMBER 9, 2022

For licences, it was understood that the third party licensing the music, such as for a movie, television show, or advertisement, would take on the extra costs, allowing for an artist to receive a higher royalty rate from the record label. Domino also paid Four Tet £56,921.08 Future Impacts. for songwriters/publishers.

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IPilogue

APRIL 21, 2022

On appeal in federal court, the parties reached a settlement of $6 million dollars and Airbnb avoided admitting liability. Online spaces, such as applications, are not explicitly included in that list as this section was first enacted in 1975. Airbnb was found guilty of double ticketing, then appealed the decision.

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BYU Copyright Blog

SEPTEMBER 6, 2021

In our June 6, 2021, blog post we reported on a lawsuit between two companies that guide prospective college students in their application process. Plaintiff Ivy Coach, Inc. (“Ivy”) Ivy”) filed a lawsuit against one of its competitors, Defendant Lehren Education, Inc.

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

We’ve blogged some of his cases before ( 1 , 2 ), including the lower court ruling in this case. The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” IJR appeared first on Technology & Marketing Law Blog. Nature of Use.

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IP and Legal Filings

OCTOBER 26, 2023

Post serving such notice the small entity is forced for settlement because getting into a legal battle would be a disadvantageous step financially. Legal Position In India In India a viable resolution against baseless legal threats is encapsulated in Section 142 [2] of the Trademark Act, 1999.

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JIPL Online

APRIL 9, 2021

With this brief background in mind, this blog post explores the implications of copyright protection of memes. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. Minc Law (Sept. xxv] U.S.

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LexBlog IP

APRIL 11, 2022

The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. But we are here today to talk about the most recent settlement s involving textiles labeled “made from bamboo.”

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Technology & Marketing Law Blog

MARCH 3, 2022

Taking these cases into account, the district court reasonably concluded that Bell is a serial litigant, who makes exorbitant demands for damages in hopes of extracting disproportionate settlements. Eagle Mountain School District appeared first on Technology & Marketing Law Blog. This case is another in the line.

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LexBlog IP

AUGUST 30, 2022

” Well, some folks most definitely disagree when a whole settlement potentially is tanked over a press release. Until now, there was not much here that warranted a new blog, as MUSA has been discussed, many times. “Lying” is a pretty strong word to see in a headline announcing a settlement of a MUSA case. (If

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Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. 26, 2021). This is a preview of the future of CCB litigation…CAN’T WAIT! 19-55882 (9th Cir.

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LexBlog IP

FEBRUARY 20, 2023

.” The agency stated in a press release that “boosting your products by hijacking another product’s ratings or reviews is a relatively new tactic, but is still plain old false advertising.” ” An FTC blog described this case as “ Mutiny on the Bountiful.” Let’s unpack this.

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LexBlog IP

JANUARY 25, 2023

This post was originally published on Seyfarth’s International Dispute Resolution Blog. On 16 November 2022, EU Regulation 2022/2065, better known as the Digital Services Act (“ DSA ”), came into force.

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LexBlog IP

APRIL 5, 2022

It is also a record-setter; at $10 million, it is the largest settlement for any FTC auto lending case. In addition to the add-on allegations, the complaint details other advertising problems, including missing disclosures and some allegations that are specific to Illinois advertising laws for motor vehicles.

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LexBlog IP

JANUARY 10, 2022

Much like an artist looking for a muse, I keep up with consumer protection developments and ponder – is this blog-worthy? ” The law on this Section 19 provision is still developing, but a recent blog discussed a district court decision that was not particularly helpful for the agency in this regard.

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LexBlog IP

APRIL 12, 2022

Of course, FTC staff can also simply use the threat of seeking penalties in a court hearing as a driver of a settlement with payment of some penalties, likely how it got the bamboo retailers to settle for $5.5 A fall 2021 blog entry we wrote about the earlier Notice letters provides a helpful analysis of these issues.

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Intepat

NOVEMBER 26, 2024

It covers the legal expenses associated with defence, including attorney fees, court costs, and settlements or damages awarded by the court. It is especially relevant for media professionals and companies in advertising, publishing, or broadcasting.

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SpicyIP

OCTOBER 23, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. The plaintiffs alleged that the defendant was advertising, manufacturing, and selling a similar product under the mark ‘BRAVOGARD,’ which infringed on their patent and trademark.

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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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Technology & Marketing Law Blog

DECEMBER 19, 2021

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. More Posts About Keyword Advertising. The defense runs Luxy, a competitor. Yes, this was a 2021 decision.

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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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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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LexBlog IP

JULY 21, 2021

So a lot is implied in, or possible from, the title ( as is often my intent on this blog ). This blog piece looks beyond the U.S. There were various lawsuits in which Choudhury initially emerged with validating settlements before the 9 th Circuit rejected his copyright claims in Bikram’s Yoga College of India v.

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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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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.

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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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Technology & Marketing Law Blog

AUGUST 18, 2024

The advertising revenues may eventually pass through in some portion to creators. We’ve witnessed examples of this over the last 2 decades, such as YouTube’s numerous apocalypses —one of which can be linked to the FTC’s settlement in 2019 on capturing data from children.

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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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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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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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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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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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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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