LexBlog IP

FEBRUARY 5, 2024

In 2017, Life Spine entered into various agreements with Aegis by which Aegis would sell and distribute ProLift devices while maintaining as confidential all proprietary information related to the devices. Litigation continued for years, with Aegis raising unsuccessful counterclaims.

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Confidentiality Settlement Advertising Advertising 52

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 93

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Even though this is an obviously stupid legal theory that wasn’t worth anyone’s time or money, Edible turned to an Atlanta litigation boutique (shoutout to Bondurant Mixson & Elmore LLP!!!) More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. They could not.

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IP Advertising Advertising Trademark Law 128

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. The litigants directly compete. Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.”

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Advertising Advertising False Advertising Trademark 87

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 80

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 84

Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. 1-800 Contacts. * Another Failed Trademark Suit Over Competitive Keyword Advertising–JIVE v. Google cases.

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Advertising Advertising Settlement Trademark 107

LexBlog IP

JANUARY 4, 2022

One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business. text: ‘Advertisements’, }, creative: {.

Contracts 52

Contracts Business Confidentiality Privacy 52

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

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….

Trademark 81

Trademark Advertising Advertising Settlement 81

TorrentFreak

DECEMBER 26, 2022

Confidential agreements with domain registrars and registries, for example, help to efficiently take down domain names. In addition, advertising companies and payment processors help to cut off revenue to pirate sites and services, when appropriate. These people do business online and try to hide their identities.

Cease and Desist 131

Cease and Desist Government Confidentiality Settlement 131

SpicyIP

NOVEMBER 8, 2023

Xiaomi highlighting how the common practice of courts granting confidentiality in commercial litigation problematizes transparency, judicial accountability, and the citizens’ right to be informed of court processes and reasoning under Article 19(1)(a). ruling on Indian businesses and trademark holders?

Trademark 59

Trademark Publishing Journalism Copyright 59

Trading Secrets

MAY 31, 2023

And this determination ignores state law, which typically requires that a non-compete be no broader than necessary to protect an employer’s legitimate business interests. Court of Appeals or the Court of Appeals where the employer does business. Abruzzo believes non-competes may be permissible? 1] See, e.g., National Express Corp.,

Business 59

Business Confidentiality Law Ownership 59

Trading Secrets

JUNE 3, 2022

Those allegations along with allegations that defendant copied the plaintiff’s business operations down to using the same tool set to create its packaging was sufficient to allege misappropriation under the DTSA. 2021), the court denied a motion to seal to protect alleged confidential information about the identity of a manufacturer.

Law 59

Law Confidentiality Designs Design 59

LexBlog IP

JULY 5, 2023

Devotees of this blog have learned about a lot of FTC cases that have challenged a variety of review practices, including actions involving Fashion Nova (alleged review suppression), Hubble (incentivized reviews) and Roomster (alleged fake reviews and in litigation). The knowledge standard would not apply in other circumstances.)

Social Media 52

Social Media Business Confidentiality Advertising 52

LexBlog IP

MAY 31, 2023

And this determination ignores state law, which typically requires that a non-compete be no broader than necessary to protect an employer’s legitimate business interests. Court of Appeals or the Court of Appeals where the employer does business. Like the FTC’s proposal, they are extremely limited. 194 NLRB 184 (1971). [2]

Business 52

Business Confidentiality Law Ownership 52

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

Advertising 108

Advertising Advertising False Advertising Trademark 108

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. Biosimilar Approvals and Launches in 2020. Conclusion.

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Litigation Settlement Marketing Marketing 52

Technology & Marketing Law Blog

JUNE 29, 2022

This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. More Posts About Keyword Advertising. Keyword Ads. Proximity of goods.

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Trademark Advertising Advertising Blogging 107

SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. Dialmytrip Tech Private Limited Highlighting the role of behavioral science in trademark litigations, Mathews argues that the terms “make” and “dial” invoke different emotions and thus do not cause confusion. Sidhi is a final year B.A.

IP 59

IP Trademark Advertising Advertising 59

Trading Secrets

MARCH 22, 2022

But the real question to me as a litigator is whether this doctrine should become part of the tool bag going forward. As part of Hayley Paige’s responsibilities for JLM, she was tasked with growing the “Hayley Paige” brand for the company, including “assisting with advertising programs.” Gutman , 24 F.4th 4th 785 (2d Cir. 4th at 789.

Social Media 59

Social Media Contracts Confidentiality Business 59

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Marketing channels. All of the judge’s factual assumptions beg for citations.

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Advertising Advertising Trademark Settlement 100

The IP Law Blog

JANUARY 12, 2023

If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries. Sticking to this resolution would include a review of standard independent contractor and employment agreements to confirm they have proper assignment language and confidentiality provisions.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

43(B)log

AUGUST 17, 2021

Customer Data Breach Litig., This litigation followed. is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business’s violation of the duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information[.]”

Privacy 57

Privacy Business Litigation Confidentiality 57

Canadian Intellectual Property Blog

JUNE 15, 2021

Applications are kept confidential until the earlier of either the registration date or 30 months after the application filing date or priority date. Therefore, the design disclosed in the application will become available to the public following the expiry of the confidentiality period.

Designs 52

Designs Design Intellectual Property Registration 52

43(B)log

FEBRUARY 18, 2022

Industries: advertising, merchandising, movies/TV, and video games. Results: fear of potential litigation motivates permission seeking even when free speech rules would likely allow the use, e.g. in movies. A: contracts were confidential but may be able to talk about standard terms. Video games: want motion capture.

Fair Use 57

Fair Use Contracts Litigation Copying 57

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (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 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 12, 2022

No confidentiality of Ds’ identities—defendants can coordinate; asset freezes may not work. The point is not to litigate, but to get the court order to take to a place like Amazon, which will shut down the entire business and not just the targeted conduct. What do we do? Judicial education? This is worth fighting back against.

Settlement 57

Settlement IP Music Licensing 57

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. The House also advanced the Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act (H.R. BPCIA Litigation. Biosimilar Approvals and Launches in 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

JANUARY 26, 2024

Restrictions on advertising vegan products as meat survives First Amendment challenge because the court accepts the state’s interpretation that it only applies to “misleading” marketing, which the court says is outside the First Amendment. Gallagher Data Breach Litigation , 631 F.Supp.3d Strain, No. 22-30236 (5th Cir.

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Social Media Privacy Advertising Advertising 73