43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

MARCH 21, 2022

18, 2022) Previous discussion (one of four opinions in the case that I blogged). The district court remitted the false advertising damage award from over $8,000,000 to under $85,000 to reflect that it wasn’t sure whether Utah residents (the ones surveyed) had the same definition of “local” as others.

False Advertising 72

False Advertising Advertising Advertising Designs 72

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

A copy of the Memorandum Opinion is attached. The Court noted that, “[a]s technology evolves, there may come a time when artificial intelligence reaches a level of sophistication such that it might satisfy accepted meanings of inventorship. at *17-18.

Inventor 91

Inventor Intellectual Property Patent Patent Law 91

The IPKat

JUNE 13, 2022

Risk of not making return Recent data shows that sales and profits of NFTs are slowing … 8.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

JULY 25, 2024

Copyright: Overjet’s copyright protected its source code, but there were no allegations of code copying. Instead, it alleged copying of its “coloring scheme, shades, and shape.” In 2024, Videa blogged that “[w]e suggest choosing an AI provider with the most FDA-cleared annotations.” Overjet, Inc. VideaHealth, Inc.,

Copyright 59

Copyright False Advertising Advertising Advertising 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Troia wasn’t offering any services at all, but also, note the ad copy–the headline says “horror story” and the text says “They abruptly fired me,” which were pretty good tipoffs to consumers of what they should expect at the link. The post Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

False Advertising 129

False Advertising Advertising Advertising Trademark 129

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

[Note: this blog post covers Rep. The manufacturer can sue the seller for copying its shots; the manufacturer can sue for false advertising if non-official shots aren’t “accurate,” and freelancers love to sue over product shots they took and ones they think are too similar to the ones they took.].

Trademark 144

Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Allied Modular appeared first on Technology & Marketing Law Blog.

Advertising 111

Advertising Advertising False Advertising Trademark 111

Technology & Marketing Law Blog

JUNE 8, 2024

Among other limits, the court refuses to enjoin the defendants’ keyword ad buys, though the restriction applies to trademark references in the ad copy: District courts in the Fifth Circuit have held that “in and of itself—using a competitor’s trademark as a Google AdWords or keyword does not constitute trademark infringement.”

Trademark 129

Trademark Advertising Advertising False Advertising 129

Technology & Marketing Law Blog

AUGUST 30, 2023

It would be accurate to classify this ruling as another trademark owner loss in a competitive keyword advertising case, despite the fact that the trademark appears in the ad copy. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. That is the most common outcome. LoanStreet v.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

OCTOBER 9, 2024

Whatever legal ambiguity might have existed then has been decisively resolved, at least with respect to competitive keyword ads that don’t use the trademark in the ad copy. This ruling doesn’t address the scenario where the advertiser’s ad copy references the trademark. Google (4th Circuit). Actual Confusion.

Advertising 98

Advertising Advertising Trademark False Advertising 98

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts first appeared on this blog on February 9, 2005, my second day of blogging. 17 years later, I’m still blogging their ignoble trademark lawsuits. However, I highly doubt this will be my last blog post about 1-800 Contacts. Warby Parker appeared first on Technology & Marketing Law Blog.

Trademark 111

Trademark Advertising Advertising Blogging 111

Technology & Marketing Law Blog

JANUARY 8, 2024

The court already sent that trademark claim to the jury ( my blog post on that ruling ). the rival included ad copy telling consumers they were buying the trademark owner’s items when they weren’t. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v.

Trademark 98

Trademark Advertising Advertising False Advertising 98

LexBlog IP

FEBRUARY 1, 2023

The slew of amicus and other briefs had been filed, and it was time to “get crackin’ on” this blog post, as in time to get moving on the drafting. I had last time out expressed an interest in following developments in Jack Daniels v. VIP Products, the so-called “Bad Spaniels” case. ” Id. In VIP Products v.

Trademark 52

Trademark Intellectual Property Branding Branding 52

Technology & Marketing Law Blog

OCTOBER 23, 2024

The rival bought competitive keyword ads (the court uses the term “conquesting,” which I objected to here ) but didn’t include the third-party trademark in the ad copy. Here’s an example: Competitive keyword advertising by law firms has been a source of trouble for years. Mark Similarity. ” PREACH.

Trademark 105

Trademark Advertising Advertising False Advertising 105

SpicyIP

DECEMBER 30, 2023

The difficulty in balancing the delicately poised sides in this issue, together with the history of so few patent cases taking so long to go all the way through trial (thus making the interim injunction a de-facto ‘result’ instead of an interim measure) is an issue that has been discussed several times on the blog earlier (eg here and here ).

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v.

Advertising 126

Advertising Advertising Trademark Settlement 126

43(B)log

JANUARY 10, 2025

GWA alleged that Grace copied GWAs patented combustion promoter technology and mounted a marketing campaign denigrating GWAs products to customers. The challenged claims were made in a trade magazine for the petroleum industry; on a blog post on Graces website; and, sometimes with greater elaboration, in direct outreach to certain customers.

False Advertising 52

False Advertising Advertising Advertising Journalism 52