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. ” That prompted this litigation. ” More Posts About Keyword Advertising * Internal Search Results Aren’t Trademark Infringing–PEM v. ” UGH.

Trademark 106

Trademark Advertising Advertising False Advertising 106

43(B)log

MAY 2, 2022

15, 2021) (R&R) This long and citation-heavy opinion would be a good cheat sheet for looking at class action settlement approvals generally, especially in the 11th Circuit. But when it comes to surveys or, here, approving settlements, matters can differ.

Settlement 118

Settlement Advertising Advertising Marketing 118

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Even though this is an obviously stupid legal theory that wasn’t worth anyone’s time or money, Edible turned to an Atlanta litigation boutique (shoutout to Bondurant Mixson & Elmore LLP!!!) More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. They could not.

IP 134

IP Advertising Advertising Trademark Law 134

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 99

Law Advertising Advertising False Advertising 99

43(B)log

AUGUST 27, 2021

After a settlement with one defendant, the two remaining defendants “are the sole licensors of the PS 1-09 stamp to 36 Brazilian plywood mills that export structural plywood to the United States.” As for the contributory false advertising claim, it too was well pled. Plaintiffs brought negligence and Lanham Act claims.

False Advertising 59

False Advertising Advertising Advertising Business 59

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.”

Advertising 93

Advertising Advertising False Advertising Trademark 93

43(B)log

DECEMBER 16, 2022

15, 2022) The court of appeals reversed summary judgment in favor of an insurer, and ordered partial summary judgment for the insured, on the duty to defend in underlying litigation based on advertising injury coverage for trade dress infringement (depicting allegedly infringing products) in the insured’s advertising.

Advertising 59

Advertising Advertising False Advertising Intellectual Property 59

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 110

Advertising Advertising False Advertising Trademark 110

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 90

Advertising Advertising False Advertising Trademark 90

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 87

Trademark Advertising Advertising False Advertising 87

Technology & Marketing Law Blog

JANUARY 12, 2022

Since the resolution of that litigation, click fraud issues have largely faded into the background, flaring up only occasionally. ” For standing purposes, it doesn’t matter that he still advertises through AdWords. So it’s a nostalgic kick to blog a pure click fraud ruling in 2022. Commonality. ” Typicality.

Advertising 90

Advertising Advertising Settlement Blogging 90

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. In addition to copyright infringement, Atari brought claims for business disparagement, false information and advertising, unfair competition, and unjust enrichment.

Fair Use 102

Fair Use Copyright Artwork Social Media 102

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 110

Trademark Advertising Advertising Blogging 110

Trading Secrets

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.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

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 105

Advertising Advertising Trademark Settlement 105

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.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

Technology & Marketing Law Blog

MARCH 13, 2022

More Posts About Keyword Advertising. 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? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

Trademark 87

Trademark Advertising Advertising Settlement 87

Technology & Marketing Law Blog

DECEMBER 27, 2022

NY Times : Meta Agrees to Alter Ad Technology in Settlement With U.S. Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). targeted social media advertising. targeted advertisement. Marketing. * Comptroller , No.

Privacy 107

Privacy Marketing Marketing Social Media 107

BYU Copyright Blog

SEPTEMBER 6, 2021

To support both of these claims, Lehren purports that, “after a reasonable opportunity for further investigation or discovery there is likely to be further evidence that Plaintiff’s has purchased on-line advertising specifically aimed at competitors with the intention of getting competitors to copy the Plaintiff’s material.”

Copying 52

Copying Fair Use Advertising Advertising 52

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 )).

Advertising 95

Advertising Advertising Copyright Infringement Trademark 95

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.”

Advertising 52

Advertising Advertising Settlement Copying 52

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.

Reporting 52

Reporting Advertising Advertising Settlement 52

43(B)log

APRIL 17, 2023

Only one found defendants through the website on which they hosted the allegedly false and misleading advertisements. Moreover, the Court’s finding as to the first two elements had little to do with the strength of Plaintiffs’ litigation position.” Here, those factors weighed in favor of such recovery.

False Advertising 59

False Advertising Litigation Advertising Advertising 59

The IPKat

FEBRUARY 21, 2024

The book examines how the advertising, merchandising, film and television, and sports video-games industries use persona as a key component of their products. In the UK…they often go beyond what is legally required in terms of seeking permission to use persona, or pay little head to the Advertising Codes. The code can be found below.

Television 64

Television Advertising Advertising Social Media 64

TorrentFreak

MAY 31, 2022

As detailed in our previous reporting , Voltage Holdings is a member of FACT Administration LLP , a UK corporate structure behind the latest settlement scheme. FACT Administration LLP) to mitigate risks to rightsholders, should copyright litigation go badly for them. .” FACT Administration LLP. Good luck with that too.

Settlement 137

Settlement Intellectual Property Government Copyright 137

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.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

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.”.

Settlement 52

Settlement Government Marketing Marketing 52

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.

Trademark Law 106

Trademark Law Trademark IP Blogging 106

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.

Litigation 68

Litigation Advertising Advertising Settlement 68

43(B)log

NOVEMBER 27, 2023

MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. DNP advertises that it uses artificial intelligence” rather than “human knowledge.” But DNP isn’t actually licensed to practice law.

False Advertising 49

False Advertising Advertising Advertising Contracts 49

The TTABlog

OCTOBER 1, 2024

in the field of wake, ski, surf, snowboard, motocross, mountain bike, BMX, and skate” portion of the Contested Services, Jones argued that Monster "produced no evidence in discovery that it has ever trained athletes under the [marks of the Counterclaimed Registrations],” and the Contested Services "have never been advertised or sold."

Law 62

Law Registration Advertising Advertising 62

The IPKat

SEPTEMBER 30, 2024

EasyGroup, on the other hand, relied on certain registrations which it acquired from a third party as part of a settlement following another(!) The Court disagreed. Applying Merck KGaA v Merck Sharp and Dohme Corp [2017] EWCA Civ 1834 , the Court noted that what was important was the purpose for which the services were provided.

Advertising 64

Advertising Advertising Registration Branding 64

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.

Settlement 52

Settlement Marketing Marketing Advertising 52

Technology & Marketing Law Blog

MARCH 3, 2022

The court also upholds the attorneys’ fee award with more critical remarks about Bell’s litigation: He has a long history of suing public institutions and nonprofit organizations over de minimis uses of his work. This is yet another case where a serial litigant loses a fair use ruling on a motion to dismiss. Implications.

Fair Use 104

Fair Use Litigation Marketing Marketing 104

43(B)log

MARCH 1, 2022

The tweets don’t reproduce enough of the work to substitute for it, and, “[i]f anything, the properly attributed quotation of a short passage from Winning Isn’t Normal might bolster interest in the book; it is free advertising.” The fact that he extracted settlements from alleged infringers does not a real market make.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Traverse Legal Blog

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.

Cease and Desist 52

Cease and Desist Privacy Litigation Technology 52

TorrentFreak

DECEMBER 26, 2022

In addition, advertising companies and payment processors help to cut off revenue to pirate sites and services, when appropriate. “We will also pursue litigation, where it is known to be effective in reducing piracy and increasing legitimate consumption of content,” Van Voorn concludes. all over the globe. .

Cease and Desist 137

Cease and Desist Government Confidentiality Settlement 137