Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. However, Edible invoked theft law and disavowed consumer confusion. However, they didn’t give up! Conversion.

IP 130

IP Advertising Advertising Trademark Law 130

Technology & Marketing Law Blog

MAY 13, 2023

Kudos to Nicolet Law for surviving the motion to dismiss, but I’m wondering if it will ultimately regret filing this lawsuit–either because its trademark gets busted or because it made a federal case out of nothing. For more background on competitive keyword advertising by lawyers, see this article. LoanStreet v.

Law 95

Law Advertising Advertising False Advertising 95

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. You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. More Posts About Keyword Advertising. * How did that come about?

Trademark 102

Trademark Advertising Advertising Litigation 102

IP Law 360

MARCH 10, 2023

The International Trademark Association has warned the Federal Circuit to be wary of restricting false advertising claims under federal trademark law in certain circumstances, arguing that a lower court decision involving footwear company Crocs wasn't clear.

False Advertising 40

False Advertising Trademark Law Advertising Advertising 40

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. You can find out more here: [link].

Advertising 80

Advertising Advertising False Advertising Marketing 80

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. Not relevant.

Advertising 89

Advertising Advertising False Advertising Trademark 89

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. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. ” It sounds like this narrowed the case solely to the trademark infringement claim.]

Advertising 85

Advertising Advertising False Advertising Trademark 85

Technology & Marketing Law Blog

MARCH 13, 2022

LVSA sued Groupon for trademark infringement. Melwani sued Amazon for trademark infringement, dilution, and more. With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. .”

Trademark 82

Trademark Advertising Advertising Settlement 82

SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

The IP Law Blog

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v. Goldsmith The U.S.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” Thus, the false advertising claim would be dismissed. False advertising law has a much more structured way of accounting for implications than trademark law does.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

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. I’ve left out the parts specific to registered trademarks and the reference to treaties. Taco Cabana, from 1992.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

JANUARY 27, 2023

Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book. Was this literally false?

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. But (see below) Jones didn’t plead trademark infringement [would fraud on the PTO have worked?

False Advertising 87

False Advertising Trademark Registration Advertising 87

43(B)log

OCTOBER 11, 2023

Plaintiffs brought trademark and related claims, including takings claims, all of which the court dismissed. While Plaintiffs seek prospective relief, they have provided the Court with no basis from which it can infer any possibility of an ongoing violation of federal law.” Plus, there was no commercial advertisement or promotion.

Licensing 49

Licensing False Advertising Advertising Advertising 49

IP and Legal Filings

MAY 13, 2023

As a result, interim orders in trademark infringement cases have become somewhat standardized. However, even in areas of the law that are not fully developed, it is crucial to indicate the legal basis for an order, even if briefly, as this requirement should not be sacrificed for the sake of judicial expediency. In Gautam Gambhir v.

Personality Rights 85

Personality Rights Privacy Trademark Law False Advertising 85

43(B)log

MAY 16, 2022

To the extent [the Board’s] appeal attempts to improperly use trademark laws to block the expression of negative views about the university and its administration, such efforts fail.” Nor did it err in its false advertising analysis, which requires likely deception of reasonable consumers.

False Advertising 72

False Advertising Advertising Advertising Trademark Law 72

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Aliign sued lululemon for trademark infringement. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Want to Engage in Anti-Competitive Trademark Bullying?

Advertising 108

Advertising Advertising Settlement Trademark 108

Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims. ” Adler sued for trademark and related claims.

Advertising 106

Advertising Advertising Trademark Settlement 106

43(B)log

SEPTEMBER 7, 2021

She allegedly falsely represented that she was authorized to deliver Londra’s “recording artist and songwriting services. Big Ligas sued for tortious interference and for false advertising and trademark infringement under the Lanham Act. False advertising: “That Ms.

False Advertising 59

False Advertising Fair Use Advertising Advertising 59

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v. Because the bill makes it impossible for online marketplaces to avoid contributory trademark liability, this bill will drive most or all online marketplaces out of the industry.

Trademark 139

Trademark False Advertising Advertising Advertising 139

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

False Advertising 49

False Advertising Social Media Advertising Advertising 49

43(B)log

OCTOBER 7, 2021

Comment: trademark law bounces rather casually between normative and empirical understandings of the reasonable consumer. These cases provide great evidence that false advertising law does so as well.] Why disregard the survey? The survey couldn’t change what reasonable consumers would understand.

False Advertising 45

False Advertising Advertising Advertising Trademark Law 45

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.

Advertising 52

Advertising Advertising Business Reporting 52

43(B)log

APRIL 17, 2023

Quincy sued BRYK “under multiple legal theories for making unauthorized sales of products branded with Quincy’s PREVAGEN trademark.” But the unauthorized sale of a genuine product does not violate trademark law. Even after default.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. But Plaintiffs contend they ‘verbally’ licensed their trademark to Kenny Chesney and the company that represents him, Blue Chair Bay Records, and then Blue Chair Bay Records sublicensed the rights to Viacom for the broadcast on CMT.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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. The court dismisses the lawsuit on summary judgment.

Advertising 109

Advertising Advertising False Advertising Trademark 109

Olartemoure Blog

FEBRUARY 8, 2023

It is commonly used in trademark law and derives its authority from the First Amendment of the U.S. The plaintiff was the performer Ginger Rogers against the producers and distributors of the film “Ginger and Fred” for creating a false impression of her involvement in the production. Constitution.

False Advertising 59

False Advertising Intellectual Property Trademark Trademark Law 59

Technology & Marketing Law Blog

JUNE 29, 2022

17 years later, I’m still blogging their ignoble trademark lawsuits. Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. misinterpreted the law of competitive keyword ads for many, many years. WhenU (2d Cir. Keyword Ads. Proximity of goods. ” Bad faith.

Trademark 108

Trademark Advertising Advertising Blogging 108

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

But trademark plaintiffs and judges are still partying like it’s 1999. The plaintiff is Seeking Arrangements, one of my favorite websites to base my Internet Law exams on. The court starts its trademark analysis nostalgically: “Turn back the clock to the Internet’s nascent age—1999.” Yes, it’s 2021.

Advertising 102

Advertising Advertising Trademark Settlement 102

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 136

Intellectual Property Trademark Marketing Marketing 136

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Bolt Technology v. First, in Toyota v. Tech Square which was passed against a cancellation petition filed by Toyota against the registration of “Alphard” by Tech Square.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 1, 2023

Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand. VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel. ” Id.

Trademark 52

Trademark Intellectual Property Branding Brands 52

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 72

Trademark Marketing Marketing Advertising 72

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 75

False Advertising Advertising Advertising Trademark 75

43(B)log

FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. Web of federal and state regulation. Gender and class?

False Advertising 45

False Advertising Trademark Advertising Advertising 45