Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. A new frontier for a trade war.].

Trademark 138

Trademark False Advertising Advertising Advertising 138

SpicyIP

MARCH 10, 2024

In their written statement, the Defendants claimed distinctions between the marks and denied any unlawful activities, asserting that their trademark application for ‘NOVYA’ covered a broader range of goods, and commercial activities had not yet commenced.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

43(B)log

FEBRUARY 15, 2022

24, 2021) A rare case finding no violation of the right of publicity or trademark law from an allegedly false endorsement based on lack of harm. Benefit to the defendant, the court says, is not itself harm to the plaintiff—see also this recent Note on trademark standing by my former student Lauren Bilow. HomeAdvisor, Inc.,

Advertising 52

Advertising Advertising Business Reporting 52

43(B)log

APRIL 17, 2023

The court dismissed most of Quincy’s claims (counterfeiting, trademark infringement, and false designation of origin) except for false advertising—a rare (and conceptually sound) approach that other, non-default cases could benefit from. But the unauthorized sale of a genuine product does not violate trademark law.

False Advertising 44

False Advertising Advertising Advertising Trademark 44

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v. Internet intermediaries.

Trademark 57

Trademark Fair Use Registration False Advertising 57

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. The court says it needs more information to understand the call logs. Instead, the court says that any actual confusion evidenced by the call logs was de minimis as a matter of law.

Advertising 108

Advertising Advertising False Advertising Trademark 108

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. Not enough information for the court to use this factor. Keyword Ads.

Trademark 107

Trademark Advertising Advertising Blogging 107

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

The majority says “if likeness interests are disregarded on the internet, the incentives to build an excellent commercial reputation for endorsements may diminish…information provided by promotional advertisements can enhance market efficiency and vibrancy” but these are orthogonal statements. (I

Intellectual Property 134

Intellectual Property Trademark Marketing Marketing 134

SpicyIP

DECEMBER 30, 2023

Impleading the Department of Telecommunications/ Ministry of Electronics and Information Technology, the Court directed them to issue blocking orders against the impugned links. GoDaddy LLC, Dynadot LLC to immediately lock and suspend the domain names [link] , [link] and [link]. Bolt Technology v. First, in Toyota v. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

False Advertising 73

False Advertising Advertising Advertising Trademark 73

LexBlog IP

FEBRUARY 1, 2023

Having already used the Kraken comparison to crack on the mythic failure of ChatGPT to give me a substantive leg up on what is happening in the Bad Spaniels’ case, I will throw out another bit of information to be fair. It may be that the newness of the amicus filings in the Jack Daniels case hampered the response. ” Id.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 3, 2023

Maintaining an advantage in pursuing goals b/c of asymmetric information is a different issue that isn’t about benefit, ties this to Qs like insider trading. Alex Roberts, Multi-Level Lies Marketing and advertising claims made by laypeople selling through MLMs. Lemley: is/should there be contributory false advertising liability?

False Advertising 44

False Advertising Trademark Advertising Advertising 44

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Past work on how people walk around in a fog of confusion: Jacob Jacoby did this work in the 1980s—20% of people misunderstand any given factual claim in advertising!

Trademark 70

Trademark Marketing Marketing Advertising 70

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Trademark use can show up in some surprising places.

IP 94

IP Trademark Advertising Advertising 94