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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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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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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SpicyIP

JULY 1, 2024

In light of the recent settlement between Youtuber Dhruv Rathee and Dabur in a trademark and copyright infringement dispute, SpicyIP intern Aarav Gupta writes on how use of a mark in commentaries and critiques should not amount to infringement and highlights the larger public interest in such commentaries/ critiques. Anchor ( para 64 )).

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Technology & Marketing Law Blog

MARCH 8, 2024

As a super-notice, it can produce cash payouts from settlements or default judgments (which are enforced against the cash held at the online marketplace, so they have actual value). As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising.

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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?

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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.

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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.

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LexBlog IP

FEBRUARY 5, 2024

Litigation continued for years, with Aegis raising unsuccessful counterclaims. On December 20, 2023, the parties filed a stipulated settlement agreement by which judgment would be entered in Life Spine’s favor, and Aegis would pay $8,000,000 to Life Spine by June 1, 2026.

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LexBlog IP

MAY 24, 2023

Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. million to “record and broadcast advertisements by their Radio Personalities endorsing the Pixel 4.”

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IP Watchdog

JULY 25, 2023

The laundry list of accusations also included trademark dilution, false advertising, common law unjust enrichment, common law tortious interference with contract, and breach of settlement agreement.

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IP and Legal Filings

FEBRUARY 15, 2022

The cause of action in the original suit was the alleged breach of a settlement with the plaintiff, caused by the defendant’s continued use of the plaintiff’s trademark in advertisements on the big search engine. The defendant in their motion of attorney’s fees argued that the plaintiff unreasonably litigated the case.

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LexBlog IP

MARCH 18, 2022

The Federal Trade Commission (FTC) has a long history of addressing issues involving cigarettes and tobacco, often in the advertising context. Indeed, one of us bloggers started at the FTC in 1998, and the first case he worked on was the agency’s litigation against R.J. More information and the report are available here.

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TorrentFreak

APRIL 6, 2023

Until now, Plaintiffs’ modus operandi has been to file John Doe lawsuits in the hope of securing quick settlements and to dismiss them at the slightest resistance,” they wrote. argued that an IP address is not sufficient to prove that subscribers downloaded or shared any infringing material.

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LexBlog IP

SEPTEMBER 21, 2022

A few weeks ago, we wrote about an interesting development in what had been a fairly standard Federal Trade Commission (FTC) Made in the USA (MUSA) settlement. The company and its owner filed a motion to get out of its settlement and to make the FTC change its press release, which, among other things, accused the company of “ lying.”.

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LexBlog IP

AUGUST 30, 2022

” Well, some folks most definitely disagree when a whole settlement potentially is tanked over a press release. “Lying” is a pretty strong word to see in a headline announcing a settlement of a MUSA case. (If It is certainly not the first time there has been litigation against the FTC based on a press release.

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IP and Legal Filings

OCTOBER 26, 2023

Post serving such notice the small entity is forced for settlement because getting into a legal battle would be a disadvantageous step financially. Off late these instances of trademark bullying has been a concern and persistent problem in many countries with large entities targeting the small enterprises just for the sake of business gains.

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LexBlog IP

SEPTEMBER 15, 2023

This surge is not limited to Meta alone; it extends to any organization that employs these technologies for data collection and targeted advertising. A pixel tool is a small piece of code embedded into the HTML of a website designed to measure user interactions and provide online advertising. The cost of inaction is simply too high.

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Technology & Marketing Law Blog

JULY 18, 2023

We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. This leaves us with a rather deep split of authorities.

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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.

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LexBlog IP

SEPTEMBER 2, 2022

In fact, the individual who provided the fake reviews entered into a settlement of the case against him for $100,000 at the same time the lawsuit was filed. While the Roomster case is proceeding as a civil action, many state false advertising and unfair business practices laws also provide for potential criminal penalties.

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LexBlog IP

APRIL 12, 2022

The authority that the FTC is using here is set forth in Section 5(m)(1)(B) of the FTC Act, and the agency can only obtain civil penalties if it can show that the target had “actual knowledge” that the practices had previously been deemed deceptive or unfair by the FTC in litigated administrative decisions.

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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

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LexBlog IP

JANUARY 10, 2022

Before doing that, the statute requires the agency to send the penalty complaint (and settlement, if one exists) to the Department of Justice, and the DOJ then has 45 days to either file the case itself or return it to the FTC for prosecution. Now procedurally, the FTC generally cannot just run into federal court to seek penalties.

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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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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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TorrentFreak

MAY 31, 2022

The term “copyright troll” is often applied to companies that monitor file-sharing networks, collect IP addresses they claim are sharing movies, and compel ISPs to hand over the identities related to those IP addresses. This would in particular fuel the activities of “copyright trolls”. FACT Administration LLP.

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SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

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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. 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.

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IP and Legal Filings

NOVEMBER 8, 2022

Cases like that of Haji Zakaria [19] have tried to get a settlement on the question of liability by keeping to the opinion of holding the manufacturer liable if there was no presence of rash or negligent behaviour on the driver’s side. In such cases it is important to provide for safeguards to ignore bad habits. 3] Stephen P.

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SpicyIP

OCTOBER 23, 2023

He is interested in IP law, and commercial and criminal litigation. Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Chancery Pavilion v.

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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. 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.

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LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. ” Welsh (2015) at 134. Evolation Yoga , 803 F.

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43(B)log

FEBRUARY 23, 2024

SCt should get out of business of doing IP, but it’s too late. Another big difference along with legal research is that the TM bar used to be small; now the money is good so lawyers not really trained as TM lawyers are litigating these cases; generalists that pick & choose things—you hear that in the arguments. What about IP?

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43(B)log

APRIL 7, 2023

But it’s not hard to immediately disable access to all US IP addresses while taking a bit longer to, per DSA, take a decision in respect of the information to which the notice relates in a timely, diligent and non-arbitrary manner. I wonder what other Spanish- and Portuguese-speaking and Francophone countries think of this.]

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Technology & Marketing Law Blog

JANUARY 26, 2024

NY Times : SmileDirectClub to Release Customers From NDAs in Settlement Other Consumer Issues * Pop v. Gallagher Data Breach Litigation , 631 F.Supp.3d 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. Strain, No.

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LexBlog IP

MARCH 2, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Khan expressed her view that false and misleading advertising leads to improper market consolidation and antitrust issues, and vice versa. Prediction No. Prediction No.

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