Advertising, Confidentiality, IP and Settlement

Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular

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 Groupon. * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v.

Advertising

Advertising Advertising False Advertising Trademark

Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy

Technology & Marketing Law Blog

DECEMBER 19, 2021

You can see Seeking Arrangements’ ad (highlighted) showing above Luxy’s own ad and mixed in with ads for unrelated products: The court says: Plaintiffs’ advertisement does not contain the word “Luxy” or appear to cause any more confusion than the other three advertisements. More Posts About Keyword Advertising.

Advertising

Advertising Advertising Settlement Trademark

Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

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.”

False Advertising

False Advertising Advertising Advertising Trademark

Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google

Technology & Marketing Law Blog

FEBRUARY 16, 2022

The court correctly says that Edible IP can have a property interest in the “Edible Arrangements” name and associated goodwill, and state trademark law statutorily protects those property interests. 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.

IP

IP Advertising Advertising Trademark Law

VeePN Agrees to Block Torrent Traffic and Pirate Sites on U.S. Servers

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!

Settlement

Settlement Confidentiality IP Advertising

TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

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

Trademark Advertising Advertising False Advertising

More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff

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.

Law

Law Advertising Advertising False Advertising

Medical Device Companies Settle Trade Secrets Dispute for $8,000,000

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. Aegis is a medical device manufacturer and distributor headquartered in California.

Confidentiality

Confidentiality Settlement Advertising Advertising

When Do Inbound Call Logs Show Consumer Confusion?–Adler v McNeil

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.

Advertising

Advertising Advertising False Advertising Trademark

Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Groupon

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

Trademark Advertising Advertising Litigation

Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

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.

Advertising

Advertising Advertising False Advertising Trademark

Internal Search Results Aren’t Trademark Infringing–PEM v. Peninsula

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

Trademark Advertising Advertising False Advertising

Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Technology & Marketing Law Blog

JULY 25, 2021

More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. FTC. * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v. Google cases. Want to Engage in Anti-Competitive Trademark Bullying?

Advertising

Advertising Advertising Settlement Trademark

Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Groupon

Technology & Marketing Law Blog

MARCH 13, 2022

More Posts About Keyword Advertising. Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. 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? Amazon ruling.

Trademark

Trademark Advertising Advertising Settlement

Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. McNeil

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

Advertising Advertising Trademark Settlement

Timeshare Co. Settles Part Of False Ad Suit With 'Exit' Firms

IP Law 360

OCTOBER 26, 2021

Timeshare company Bluegreen Vacation said Tuesday that it inked a confidential settlement with certain timeshare exit companies that resolves claims that the companies are falsely advertising their services to help release consumers from their binding timeshare contracts in a "timeshare exit scheme."

False Advertising

False Advertising Confidentiality Settlement Contracts

SpicyIP Weekly Review (March 4-March 10)

SpicyIP

MARCH 11, 2024

Here is our recap of last week’s top IP developments. Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Read on to know more!

Trademark

Trademark Registration Copyright Patent

Competitive Keyword Ad Lawsuit Fails…Despite 236 Potentially Confused Customers–Lerner & Rowe v. Brown Engstrand

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

Advertising Advertising False Advertising Trademark

1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. Warby Parker

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.

Trademark

Trademark Advertising Advertising Blogging

Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Plus, does this mean that rival apps can’t advertise themselves as rivals or engage in comparative advertising because the app stores aren’t properly labeling the ads, even if the advertisers are engaging in nominative use? More Posts About Keyword Advertising. HEY APP STORES–FIX THIS. Purchaser care.

Advertising

Advertising Advertising Trademark Settlement

IPSC Closing Plenary Session: IP In the Courts

43(B)log

AUGUST 12, 2022

Similarity to Doe defendants—one advantages is plaintiff can use the revelation of identities of defendants as leverage to get settlement, as in the porn/© cases. No confidentiality of Ds’ identities—defendants can coordinate; asset freezes may not work. First settlement in copyright class action providing for future royalties.

Settlement

Settlement IP Music Licensing

Biosimilars 2021 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

No earlier than 2023 per settlement. No earlier than 2023 per settlement. No earlier than 2023 per settlement. . No earlier than 2023 per settlement. No earlier than 2023 per settlement. No earlier than 2023 per settlement. No earlier than 2023 per settlement. Commercial Launch Date. adalimumab-aqvh.

Litigation

Litigation Settlement Patent Marketing

2023 Quick Links: Leftovers

Technology & Marketing Law Blog

JANUARY 26, 2024

NY Times : SmileDirectClub to Release Customers From NDAs in Settlement Other Consumer Issues * Pop v. Proximity to content that included hate speech resulted in some respondents reporting that the content made them like the advertiser less. Lulifama.com LLC, 2023 U.S. LEXIS 125429 (M.D. July 20, 2023). Luli Fama makes swimwear.

Social Media

Social Media Privacy Advertising Advertising

Intellectual Property Pulse

Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular

Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy

Trending Sources

Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google

VeePN Agrees to Block Torrent Traffic and Pirate Sites on U.S. Servers

TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff

Medical Device Companies Settle Trade Secrets Dispute for $8,000,000

When Do Inbound Call Logs Show Consumer Confusion?–Adler v McNeil

Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Groupon

Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

Internal Search Results Aren’t Trademark Infringing–PEM v. Peninsula

Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Groupon

Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. McNeil

Timeshare Co. Settles Part Of False Ad Suit With 'Exit' Firms

SpicyIP Weekly Review (March 4-March 10)

Competitive Keyword Ad Lawsuit Fails…Despite 236 Potentially Confused Customers–Lerner & Rowe v. Brown Engstrand

1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. Warby Parker

Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

IPSC Closing Plenary Session: IP In the Courts

Biosimilars 2021 Year in Review

2023 Quick Links: Leftovers

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