Erik K Pelton

NOVEMBER 26, 2024

Blogs are a service, even if they are not for profit and have no income-producing sales or advertising, and blog names can be protected by trademark law and blog names can be registered as trademarks with the USPTO. Trademark Tips for Blog Owners Be creative. Make it stand out.

Blogging 130

Blogging Trademark Social Media Trademark Law 130

IP Tech Blog

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

Trademark Law 57

Trademark Law Trademark Law Brands 57

SpicyIP

SEPTEMBER 28, 2023

Image from here Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising Nivrati Gupta “New technologies give us new opportunities, but they all raise the question: How do old, familiar laws apply?” Views expressed here are those of the author’s alone.

Advertising 110

Advertising Advertising Trademark Marketing 110

IPilogue

NOVEMBER 15, 2022

Regarding the second prong, Rothschild’s counsel pointed to the lack of explicit mention of Hermès in the advertising of the NFTs. Hermès argued that Rothschild’s usage of “MetaBirkin” was akin to a trademark, namely to “brand a product line, and to attract public attention and signify source.”

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

Trademark Law 52

Trademark Law Trademark Law Brands 52

Above the Fold

JULY 7, 2023

Trademark law. Hetronic ) was the original case, a trademark dispute between plaintiff Hetronic, an American company, and Abitron, et. several European defendant companies who were accused of infringing on Hetronic’s trademarks. Plans for maximum protection of trademarks abroad will likely be necessary.

Trademark Law 64

Trademark Law Trademark Law Business 64

Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.

IP 140

IP Advertising Advertising Trademark Law 140

SpicyIP

NOVEMBER 11, 2024

Image from here Trademark law has an interesting concept—generic disparagement that goes a bit further than general disparagement. Anyway, let’s cut to the meat of the matter: generic disparagement —a curious creature of trademark law that, if misunderstood, can easily curb the creative freedoms of advertising.

Marketing 111

Marketing Marketing Advertising Advertising 111

43(B)log

MARCH 9, 2022

T]he URL merely shows how the website’s data is organized and/or the search term entered by the consumer, and … this does not violate trademark law.” False designation of origin/false advertising: Lasoff v. And it dismissed false advertising claims as “duplicative of his infringement claim.” Amazon.com, Inc.,

False Advertising 69

False Advertising Advertising Advertising Branding 69

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

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.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

Above the Fold

FEBRUARY 11, 2024

What will be the most creative advertising tagline? How many advertising controversies will emerge? Can any one commercial eclipse the advertising power of Taylor Swift being in attendance? Which celebrities will be featured? Will any of your old favorite marketing campaigns be brought back?

Blogging 52

Blogging Advertising Advertising Trademark Law 52

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. .”

Advertising 85

Advertising Advertising False Advertising Trademark 85

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. First, the “placement” piece should be disregarded per the court’s discussion below that keyword ad buys categorically aren’t trademark infringement. ” UGH.

Trademark 114

Trademark Advertising Advertising False Advertising 114

Patently-O

NOVEMBER 4, 2024

23-900) in December 2024, addressing the trademark-specific question of whether courts can disgorge profits earned not by the defendant itself, but also by legally separate non-party corporate affiliates. Does trademark law permit business owners to formally structure their set of closely related businesses to avoid spillover liability?

Trademark 45

Trademark Advertising Advertising Trademark Law 45

LexBlog IP

FEBRUARY 11, 2024

What will be the most creative advertising tagline? How many advertising controversies will emerge? Can any one commercial eclipse the advertising power of Taylor Swift being in attendance? Which celebrities will be featured? Will any of your old favorite marketing campaigns be brought back?

Blogging 52

Blogging Advertising Advertising Trademark Law 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 45

False Advertising Advertising Advertising Trademark 45

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 111

Advertising Advertising False Advertising Trademark 111

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 104

Law Advertising Advertising False Advertising 104

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. Image from here Smells like Luxury, Does it cost a Trademark Battle? We will explore the relevance of this further ahead in this post.

Trademark 111

Trademark Advertising Advertising Branding 111

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. For background on the legal battles over keyword advertising by lawyers, see this article.

Advertising 96

Advertising Advertising False Advertising Trademark 96

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. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

Advertising 97

Advertising Advertising False Advertising Trademark 97

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

Trademark 94

Trademark Advertising Advertising False Advertising 94

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. * Should we say ?

Trademark 114

Trademark Advertising Advertising Litigation 114

SpicyIP

MARCH 8, 2023

This results in common claims of ‘disparagement’ in trademark law. Previously, trademark cases have been entertained in situations where disclaimers/ warnings have been given along with products. Nor is there any advertising for any goods or services. Comparative advertisement: A mandatory claim for disparagement ?

Advertising 104

Advertising Advertising Trademark Intellectual Property Law 104

Above the Fold

SEPTEMBER 29, 2023

With more individuals and businesses entering the cannabis sector, there has been an increased interest in what kind of trademark protections a cannabis business can obtain.

Law 52

Law Trademark Law Trademark Blogging 52

Patently-O

OCTOBER 18, 2021

This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law. The law [of Georgia] protects its right to exclude others from trading on that name and its associated good will for profit. by Dennis Crouch. Edible IP v. Google (GA 2021). Constitution. ”

Trademark 100

Trademark Advertising Advertising Trademark Law 100

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

Trademark Law 110

Trademark Law Trademark IP Blogging 110

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

IP and Legal Filings

MAY 13, 2023

Using the name or image of a celebrity for brand advertisement or promotion in the US does not always attract liability, provided the brand is not falsely misleading the public that the celebrity endorses the product. FX Networks and Guglielmi v. Spelling-Goldberg Prods., In Gautam Gambhir v. D.A.P & Co. &

Personality Rights 102

Personality Rights Privacy Trademark Law False Advertising 102

JD Supra Law

NOVEMBER 9, 2022

Article 4 of the Trademark Law stipulates that "the use of the trademark referred to in this Law refers to the use of the trademark on goods, goods packaging or containers and goods transaction documents, or the use of the trademark in advertising, exhibitions and other business activities for the identification of the source of goods."

Trademark 52

Trademark Trademark Law 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 95

Trademark Advertising Advertising Settlement 95

Garrigues Blog

FEBRUARY 5, 2024

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

The IPKat

MARCH 24, 2023

Because under Paragraph 8 of the Drug Advertising Act (HWG), Gufic was not allowed to advertise its products in Germany, it could not demonstrate ‘use’ of the trademark to attract customers. Therefore, marketing that is unlawful under national law therefore does not rule out actual and serious use with regard to trademark law.

Trademark 83

Trademark Advertising Advertising Trademark Law 83

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

Technology & Marketing Law Blog

MARCH 6, 2024

And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. I’m also left wondering about possibly divergent applications of copyright and trademark law to print-on-demand services. This plaintiff emphasized copyright law but got little traction.

Copyright 115

Copyright Trademark Law Publishing Copyright Infringement 115

Patently-O

JULY 19, 2023

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. With trademark law, the federal right has been around since 1870 and today occupies most of the space. What do you think?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98