Technology & Marketing Law Blog

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. This argument has failed so many times.

False Advertising 95

False Advertising Advertising Advertising Marketing 95

Selvam & Selvam Blog

FEBRUARY 28, 2025

This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. of facilitating the sale of counterfeit BHPC products, tarnishing the brands image and causing substantial financial loss. and Amazon Seller Services Pvt.

Due Diligence 52

Due Diligence Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 3, 2025

In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., 30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I will focus only on some false advertising-relevant rulings. brewer works only with Keurig brand or licensed pods) but some did not (e.g.,

False Advertising 52

False Advertising Advertising Advertising Licensing 52

Plagiarism Today

OCTOBER 26, 2021

This primarily includes three groups of people: Those who sell costume elements on sites such as Etsy, those that use costumes in advertising or promotion and those that operated haunted attractions. They are part fashion, part artwork, part branding and part character. This isn’t to say there’s been no litigation in this area.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

Trading Secrets

APRIL 20, 2022

Matlock alleges that he was approached by Eastern Standard in 2021 to explore expanding its existing pretzel line with Liege waffles, and the two companies began exploring co-branding opportunities. Burgundian alleges that Eastern Standard abruptly terminated the parties’ relationship and threatened litigation against Burgundian.

Confidentiality 122

Confidentiality Branding Brands Branding 122

azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Protecting brand identifiers is the way to avoid the possibility of consumer confusion as to the source or origin of a brand.

Branding 52

Branding Brands Branding Copying 52

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Rolling Stone litigation, though the facts are more internet-oriented. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.”

Advertising 64

Advertising Advertising Designs Design 64

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. Melwani sells products under the “Royal Silk” brand. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. It has never offered its services through Groupon.

Trademark 110

Trademark Advertising Advertising Settlement 110

Traverse Legal Blog

SEPTEMBER 27, 2024

Our technology and internet lawyers are constantly contacted by Amazon sellers trying to protect their brand names and products on the Amazon marketplace. One of the most common brand protection issues involves gray market sellers and counterfeits on Amazon. There’s both good news and bad news.

Branding 52

Branding Brands Branding Marketing 52

Technology & Marketing Law Blog

MAY 3, 2022

Facebook argued it wasn’t liable for the third-party ads because “it did not create or sponsor the advertisement; therefore, it was simply a mere conduit for its distribution.” In the publicity rights chapter from our advertising law casebook , defendants lose every case we cover. Statutory Liability. ” Ugh.

Advertising 119

Advertising Advertising Law Marketing 119

IP Watchdog

OCTOBER 10, 2023

Supreme Court on Tuesday denied a petition asking the justices to weigh in on whether the Lanham Act prohibits “the unauthorized use of a celebrity’s persona advertising third party brands with logos in a commercial motion picture as a trademark infringement?” in Hollywood (the film), written and directed by Quentin Tarantino.

Television 111

Television Advertising Advertising Branding 111

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. However, the Noerr-Pennington doctrine didn’t apply to this case at this stage of the litigation.

False Advertising 59

False Advertising Advertising Advertising Patent 59

43(B)log

AUGUST 25, 2022

In re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litig., That difficulty is not really unique, but the court is forced to make distinctions because of the unwarranted exclusion of many false advertising claims from antitrust consideration.) 3d -, MDL NO. 2445 13-MD-2445, CIV. 16-5073, 2022 WL 3588024 (E.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

SpicyIP

AUGUST 20, 2023

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. As a threshold matter, the Court holds that when advertisers provide keywords on Google’s Ad program, they “use” the trademark “in advertising” under Section 29(6). DRS Logistics.

Advertising 97

Advertising Advertising Trademark Branding 97

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.

Advertising 105

Advertising Advertising Trademark Settlement 105

SpicyIP

JULY 1, 2024

Dabur alleged that these depictions were disparaging their trademarks, infringing their copyright, could mislead viewers and negatively impact their brand. Way Forward These incidents raise pertinent questions about the regulatory frameworks governing advertisements. Anchor ( para 64 )).

Advertising 105

Advertising Advertising Copyright Infringement Trademark 105

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.

Fair Use 106

Fair Use Copyright Artwork Social Media 106

Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. The dispute is interesting in many ways–especially the fact that it’s been this heavily litigated.

Social Media 119

Social Media Ownership Business Brands 119

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.

Advertising 98

Advertising Advertising False Advertising Trademark 98

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.

Trademark 98

Trademark Advertising Advertising False Advertising 98

IP Watchdog

FEBRUARY 14, 2024

Fashion is a brand-driven industry, and few brands in the fashion space carry the same cachet as Chanel. But how much control do brands like Chanel have over merchants who resell name-brand items in the secondary market? The answer, according to a federal jury in the Southern District of New York, is “Quite a bit.”

False Advertising 72

False Advertising Trademark Branding Brands 72

LexBlog IP

MARCH 5, 2024

Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history. Adim8, LLC v. DoorDash, Inc.

Reporting 52

Reporting Litigation Patent IP 52

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

IP Tech Blog

NOVEMBER 30, 2022

Punchbowl argued, as a threshold matter, that the Rogers analysis had no application because First Amendment protections do “not extend to ‘the brand name of [a] commercial enterprise.’” The post Ninth Circuit: Commercial Brand Names Can Be Expressive Speech appeared first on Global IP & Technology Law Blog. 21-55881, in the U.S.

Branding 57

Branding Brands Branding Fair Use 57

IP and Legal Filings

JUNE 10, 2024

The plaintiffs argued that the in Parle Agro’s label, “For the Bold” was prominently displayed and emphasis was given to the contested tagline in all the advertising campaigns. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court.

Trademark 98

Trademark Advertising Advertising Registering Trademarks 98

SpicyIP

AUGUST 21, 2023

Read on for his take on what this means for future trademark litigations. Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. Jan Vishwas Bill 2023: Small businesses, competition and public health set up to lose?

Copyright Infringement 98

Copyright Infringement Trademark Copyright Advertising 98

IP and Legal Filings

DECEMBER 13, 2024

As such a proprietary right is granted by way of registration of a trademark, whereby the owner of the mark or other parties granted a license to use the brand has the exclusive right to use it for the purpose of making money. Under Sections 47 and 57 of the Trade Marks Act, 1999, Pidilite Industries Ltd. FEVIKWIK, FEVICOL, FEVISTIK).

Trademark 98

Trademark Branding Brands Branding 98

The IPKat

JULY 18, 2021

The panellists discussed the Unwired Planet litigation [see The IPKat post here ], the ETSI IPR Policy, and, indeed, what a standard even means. Other Chijioke also commented on the decision of the in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others, issued by a High Court in South Africa.

Advertising 67

Advertising Advertising Reporting Copyright Law 67

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. The plaintiffs disavowed a claim based solely on Apple’s “safe” representation. eBay case from 2008. Apple , and Evans v.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

False Advertising 45

False Advertising Advertising Advertising Patent 45

IP and Legal Filings

NOVEMBER 11, 2024

Introduction The brand ‘Haldiram’ has been synonymous with various savouries in India for many years, especially their legendary bhujia. A recent ruling by the Hon’ble Delhi High Court elevated the brand Haldiram as a well-known trademark. 3500 crores were the advertisement expenses and Rs. 5000 were surpassed for sales.

Trademark 88

Trademark Branding Brands Branding 88

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider. ” Publisher/Speaker Claims.

False Advertising 105

False Advertising Social Media Publishing Advertising 105

Technology & Marketing Law Blog

DECEMBER 30, 2023

This appears to be a SAD Scheme case involving Squishmallows, a stuffed animals brand. The brand owner, Kelly Toys, sued 90 e-commerce merchants in a sealed complaint and got a TRO. For unclear reasons, Kelly Toys expanded the litigation to add online marketplaces Alibaba and AliExpress as defendants. This is an unusual move.

Brands 98

Brands Branding Branding Business 98

The IPKat

SEPTEMBER 19, 2022

According to Wanjiru, Machakos University infringed her intellectual property rights, image rights, right to privacy and human dignity by using her photograph (taken by the university during Wanjiru’s graduation) in advertising and marketing of the computer packages courses it offers.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

43(B)log

FEBRUARY 14, 2025

Here, the court dismisses the fraud claim on statute of limitations grounds and the Lanham Act claim because of a mismatch between the commercial advertising and promotion alleged and the falsity alleged, but allows injurious falsehood/product disparagement claims to proceed. LLT pled that it discovered the defendants fraud by match[ing].

Advertising 52

Advertising Advertising False Advertising Litigation 52

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

” On remand, after 2 more years of litigation, the district court has again dismissed the lawsuit, this time on its lack of merits. Lanham Act False Advertising. Internet Brands. Enigma claimed it was false for Malwarebytes to call its programs “malicious,” “threats,” and PUPs. In Asurvio v.

Blogging 145

Blogging False Advertising Law Advertising 145

TorrentFreak

DECEMBER 26, 2022

Five years ago , several of the world’s largest entertainment industry companies teamed up to create a brand new anti-piracy coalition. In addition, advertising companies and payment processors help to cut off revenue to pirate sites and services, when appropriate. Collaborating with Governments and Law Enforcement.

Cease and Desist 144

Cease and Desist Government Confidentiality Settlement 144