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Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising–1-800 Contacts v. Warby Parker

Technology & Marketing Law Blog

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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Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy

Technology & Marketing Law Blog

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.

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

Technology & Marketing Law Blog

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

Technology & Marketing Law Blog

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

TorrentFreak

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!

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Catching Up on Two Keyword Ad Cases

Technology & Marketing Law Blog

The court says “Because Walmart does not pay search engines to return organic search results or index webpages, it does not “use” the marks in connection with the sale or advertisement of goods.” “Walmart contends that the purchase of these Google advertisements does not constitute a “use” of Plaintiff’s Marks. .”

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

Trading Secrets

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.