Technology & Marketing Law Blog

NOVEMBER 28, 2022

As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet 2022 WL 4596646 (C.D.

Advertising 104

Advertising Advertising False Advertising Trademark 104

Technology & Marketing Law Blog

AUGUST 30, 2023

Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” ” Marketing channel. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

Advertising 88

Advertising Advertising False Advertising Trademark 88

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. LoanStreet v. Reyes & Adler v.

Advertising 84

Advertising Advertising False Advertising Trademark 84

Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v.

Advertising 107

Advertising Advertising Settlement Trademark 107

Technology & Marketing Law Blog

DECEMBER 19, 2021

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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 108

Advertising Advertising Settlement Trademark 108

Technology & Marketing Law Blog

JANUARY 8, 2024

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? Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v. Reyes & Adler v.

Trademark 80

Trademark Advertising Advertising False Advertising 80

Technology & Marketing Law Blog

JULY 26, 2022

.” “LVSA litigated this case so aggressively because of its animus towards Groupon… It is improper to use litigation to seek retribution for another’s legal business activities.” 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Trademark 101

Trademark Advertising Advertising Litigation 101

Technology & Marketing Law Blog

FEBRUARY 16, 2022

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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

IP 129

IP Advertising Advertising Trademark Law 129

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.

False Advertising 59

False Advertising Advertising Advertising Settlement 59

Technology & Marketing Law Blog

AUGUST 17, 2021

BONUS : Plaintiffs allege that the marketing rights that Stevens and Hughes purchased from Google and Facebook directed searches for the Blaux brand to [link] where Stevens and Hughes sold products that competed with the Blaux portable air conditioner. What are “marketing rights”??? More Posts About Keyword Advertising.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

MARCH 13, 2022

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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Trademark 81

Trademark Advertising Advertising Settlement 81

43(B)log

JUNE 16, 2022

After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.” Shifting to this business model “dramatically increased its profits while reducing the share of the money raised that is passed on to charities.”

False Advertising 59

False Advertising Advertising Advertising Designs 59

Technology & Marketing Law Blog

MAY 22, 2023

of exposed consumers experienced actual confusion: This tiny percentage cannot reasonably be said to constitute an “appreciable” or “significant” number of consumers confused by Defendants’ advertising strategy. Nor can it be said to show that Defendants’ marketing strategy made confusion likely. LoanStreet v. Reyes & Adler v.

Advertising 108

Advertising Advertising False Advertising Trademark 108

LexBlog IP

FEBRUARY 20, 2023

Well, the FTC thinks this is “review hijacking,” when a marketer “steals or repurposes reviews of another product.” If the FTC felt this practice was deceptive or misleading, how about articulating this as new business guidance? ” And it cost Nature’s Bounty $600,000. .”

False Advertising 52

False Advertising Branding Brands Branding 52

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Marketing channels. ” Every sex worker just took massive umbrage at the judge’s condescending stereotypes about the role of online marketing in their financial and safety decisions. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Reyes & Adler v.

Advertising 101

Advertising Advertising Trademark Settlement 101

Technology & Marketing Law Blog

JUNE 29, 2022

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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Trademark 108

Trademark Advertising Advertising Blogging 108

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage.

IP 94

IP Trademark Advertising Advertising 94

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Ultimately, the California enforcers reached a financial settlement with the clothing brand that includes injunctive terms governing future conduct. Takeaway No.

Social Media 52

Social Media Privacy Advertising Advertising 52