Technology & Marketing Law Blog

FEBRUARY 16, 2022

More Posts About Keyword Advertising. 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….

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TorrentFreak

MAY 20, 2022

With BREIN on the lookout for piracy, the IPTV seller closed his vendor accounts on local online markets Marktplaats.nl New Pirate IPTV Sales Breached Settlement Agreement. That amount has now been forfeited and a revised settlement agreement reached, but with harsher terms – in BREIN’s favor. and 2dehands.be.

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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. The court would have continuing jurisdiction to rule on any challenge.

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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. Now he’s helping out by helping build out defense-side keyword advertising precedents. More Posts About Keyword Advertising. * How extensively do they discuss the risks?

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Technology & Marketing Law Blog

JANUARY 12, 2022

” For standing purposes, it doesn’t matter that he still advertises through AdWords. Also, many advertisers are pretty sophisticated and would interpret Google’s statements more skeptically than Singh did. Commonality. ” Typicality. per month and Home Depot spends $6.81M per month. Predominance.

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Advertising Advertising Settlement Blogging 113

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to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). What are “marketing rights”??? Distraction is insufficient.

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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.

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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….

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Trademark Advertising Advertising Settlement 110

JD Supra Law

NOVEMBER 14, 2022

In spite of the various legal and commercial risks associated with it, ambush marketing is a global phenomenon. Provided that these risks are managed correctly, ambush marketing can allow an advertiser to benefit from the buzz around an event without having to shell out on expensive sponsorship fees, settlements or damages.

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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. Nor can it be said to show that Defendants’ marketing strategy made confusion likely. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v.

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Advertising Advertising False Advertising Trademark 111

Technology & Marketing Law Blog

OCTOBER 6, 2024

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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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. ” Marketing channel. Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.”

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IP Law 360

SEPTEMBER 18, 2024

A Houston-based personal injury firm has reached a settlement with an Oklahoma-based marketing company it accused in a federal lawsuit of diverting clients and business to competitors through misleading advertisements in a click-to-call scheme.

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Marketing Marketing Settlement Advertising 52

43(B)log

DECEMBER 22, 2023

20, 2023) The court denies settlement approval in this case alleging that Macy’s misrepresented the thread count in some of the sheets it sold, because it doesn’t like the cy pres part of the remedy. The global class action settlement created a $10.5 million common fund, and the parties jointly moved the court to approve.

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43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

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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 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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Advertising Advertising False Advertising Trademark 98

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? However, the results are consistent with each other.

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TorrentFreak

NOVEMBER 3, 2021

They argued that the company made copies of their copyrighted works on its servers and deliberately marketed its service to pirate sites such as Thothub. This includes the advertising company MultiMedia, also known as Chaturbate, which was actively used by Thothub in the past. Settlement?

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Copyright Infringement Copyright Settlement Advertising 145

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. A division of the Federation Against Copyright Theft (FACT Worldwide) and FACT chief Kieron Sharp are officers in the LLP and are now playing a leading role.

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TorrentFreak

JANUARY 19, 2024

In the final days of 2023 as people were preparing to welcome in the new year, yet more pirate domains were being redirected or transferred into the hands of the MPA, presumably as part of a settlement agreement. The first couple of lines in ads promoting these scripts link two key features; 1) Online movie-watching website script.

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Indiana Intellectual Property Law

MAY 31, 2024

Eli Lilly and Company has reached a settlement with Totality Medispa , a South Carolina -based medical spa, after filing lawsuits in late 2023. Any product labeled as “tirzepatide” that is not sold by Lilly is not FDA-approved and could be dangerous.

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False Advertising Advertising Advertising Settlement 52

43(B)log

AUGUST 22, 2022

18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’”

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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.

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43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

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TorrentFreak

JULY 29, 2021

advertised high-speed Internet access, combined with the inaction against online piracy, attracts potential copyright infringers to the ISP, the complaint alleges. That claim is backed up by an affidavit from the operator of YTS , who signed settlements with several of the movie companies in the past. through a separate letter.

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Copyright Infringement Copyright Music Settlement 145

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.

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Technology & Marketing Law Blog

MARCH 3, 2022

” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. .” ” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. This case is another in the line.

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LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

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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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Trademark Law Trademark IP Blogging 111

TorrentFreak

DECEMBER 3, 2023

The case initially seemed set for a quick settlement, but the parties failed to reach an agreement. “No software created, developed, marketed, advertised, sold or otherwise distributed by Defendants infringes any copyright of Bungie,” AimJunkies’ attorney adds.

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SpicyIP

FEBRUARY 17, 2025

Additionally, it is right-holder centric favouring authors and encouraging them to control the use of their works in new markets. Granules India, the Delhi HC recorded a settlement after Granules’ undertaking for exemption under Section 107A a.k.a Read for more on this update! the Bolar provision. Defendant No.

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43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Effect on the market: Harm was implausible. The fact that he extracted settlements from alleged infringers does not a real market make. at 566–69.”

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Fair Use Social Media Licensing Marketing 90

TorrentFreak

NOVEMBER 6, 2022

When investigations are over, sensitive settlement agreements prevent any of the parties – ACE, MPA, and pirates alike – from revealing anything that hasn’t been cleared by air-tight legal agreements. News vs. Marketing and Advertising. Each of the three is a rather bizarre and demanding profession.

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SpicyIP

FEBRUARY 23, 2025

The Delhi HC initially granted an ex-parte ad interim injunction in favor of the plaintiff, and the matter was later referred to mediation, resulting in a settlement. As per the settlement, the defendants paid 6,50,000/- to the plaintiff. The appeal is set for final disposal on 21 April, 2025. and Cadila Healthcare Ltd.

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Confidentiality Trademark Copyright Infringement Music 59

TorrentFreak

FEBRUARY 1, 2024

“In the course of advertising and promoting its so-called ‘amnesty program’ Triller made false and misleading statements that TEI’s podcast episode entitled Jake Paul Fight Was A Disaster … infringed the Broadcast and that anyone who viewed the Podcast engaged in copyright infringement,” TEI informs the court.

Copyright Infringement 107

Copyright Infringement Advertising Advertising Copyright 107

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. This prevented Signal 23 from marketing for ABOUT HIM in addition to seven or eight other shows it had available for purchase on Vimeo. As a result, we’ve seen very, very few successful 512(f) enforcements. Signal 23 Television v.

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