Technology & Marketing Law Blog

JUNE 8, 2024

Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. 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 LoanStreet v. Reyes & Adler v.

Trademark 129

Trademark Advertising Advertising False Advertising 129

Technology & Marketing Law Blog

MAY 22, 2023

While this is a startling good defense ruling from a trademark law standpoint, I could see a state bar arguing that ads violate ethics rules if they produce hundreds of potentially misdirected prospective clients. May 18, 2023) More Posts About Keyword Advertising * More on Law Firms and Competitive Keyword Ads–Nicolet Law v.

Advertising 111

Advertising Advertising False Advertising Trademark 111

43(B)log

JANUARY 27, 2023

Defendant does business as Spiralverse; it bought lawfully made Steeplechase books and rebound them with spiral binding. (It False advertising: Spiralverse allegedly falsely advertised its version of the Piano Book on Amazon as “new,” despite the rebinding, residue, and front labels. Was this literally false?

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Thus, Hepp’s statutory claim against Facebook is about the commercial effect on her intellectual property, not about protected speech. The majority ends with a not-credible declaration that its ruling doesn’t threaten free speech. ” Indeed, publicity rights claims imposed on publishers get heightened First Amendment scrutiny.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

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.” Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.

Trademark 119

Trademark Advertising Advertising Litigation 119

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. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.

Advertising 111

Advertising Advertising Settlement Trademark 111

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Verify the third-party seller’s identity, principal place of business, and contact information through “reliable documentation, including to the extent possible some form of government-issued identification.” Trademark owners will weaponize that ambiguity. A new frontier for a trade war.]. Lack of State Preemption.

Trademark 144

Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. 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 LoanStreet v. Reyes & Adler v.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

OCTOBER 6, 2024

Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. 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 LoanStreet v. Reyes & Adler v.

Advertising 98

Advertising Advertising False Advertising Trademark 98

43(B)log

FEBRUARY 17, 2022

Here’s a statement that will probably be quoted widely: [T]he fact that ChromaDex might reward Albaum or any other third party for steering business ChromaDex’s way does not establish that ChromaDex has the ability to exercise any control or direction over the statements that Albaum might make. The report didn’t prove causation.

Advertising 80

Advertising Advertising False Advertising Marketing 80

Technology & Marketing Law Blog

AUGUST 30, 2023

Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. 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 LoanStreet v. Reyes & Adler v.

Advertising 98

Advertising Advertising False Advertising Trademark 98

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. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.

Trademark 110

Trademark Advertising Advertising Settlement 110

Technology & Marketing Law Blog

AUGUST 17, 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. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

JANUARY 8, 2024

Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. 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 LoanStreet v. Reyes & Adler v.

Trademark 98

Trademark Advertising Advertising False Advertising 98

Technology & Marketing Law Blog

OCTOBER 9, 2024

Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. 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 LoanStreet v. Reyes & Adler v.

Advertising 98

Advertising Advertising Trademark False Advertising 98

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. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.

Trademark 111

Trademark Advertising Advertising Blogging 111

43(B)log

FEBRUARY 15, 2022

24, 2021) A rare case finding no violation of the right of publicity or trademark law from an allegedly false endorsement based on lack of harm. Benefit to the defendant, the court says, is not itself harm to the plaintiff—see also this recent Note on trademark standing by my former student Lauren Bilow. HomeAdvisor, Inc.,

Advertising 52

Advertising Advertising Business Reporting 52

43(B)log

DECEMBER 1, 2022

Although “third parties have used Flora-Bama in the titles of third parties’ artistic works with Plaintiffs’ oral or written permission,” that doesn’t make this a title-v-title case: Basic trademark law demonstrates why. Under the First Amendment, the government has no business promoting the first documentary over the second.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

MARCH 10, 2024

In their written statement, the Defendants claimed distinctions between the marks and denied any unlawful activities, asserting that their trademark application for ‘NOVYA’ covered a broader range of goods, and commercial activities had not yet commenced.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

SpicyIP

DECEMBER 30, 2023

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. Bolt Technology v. First, in Toyota v. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

OCTOBER 23, 2024

So much time and money was wasted on the trademark battles over keyword ad sales back in the old days, and it would break my heart if we do all of that over again. Competitive keyword advertising by lawyers is different from most other industry segments, because lawyers must also comply with their ethics rules in addition to trademark law.

Trademark 105

Trademark Advertising Advertising False Advertising 105

43(B)log

AUGUST 9, 2024

Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to a decision than seems rational for the amount of risk/benefit in their lives. Court expects consumers to be reasonably prudent in both TM and false advertising.

Trademark 59

Trademark False Advertising Advertising Advertising 59

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. 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.

Advertising 111

Advertising Advertising Settlement Trademark 111

Technology & Marketing Law Blog

SEPTEMBER 14, 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. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.

Advertising 126

Advertising Advertising Trademark Settlement 126

LexBlog IP

FEBRUARY 1, 2023

In further defense of my conclusions, however , Independent Business v. Again, what follows is from my head and hand because my request to ChatGPT to summarize holding and analysis of Rogers got the e-equivalent of a sheepish attempt to “pass” on the question from the visiting law prof ). ” Id. In VIP Products v.

Trademark 52

Trademark Intellectual Property Brands Branding 52

IP and Legal Filings

DECEMBER 20, 2024

Introduction Well, the online space is indeed centuries apart from any business process for creating a brand and speaking with its audience; now everything can even protect its intellectual property. However, it provides both good challenges and opportunities under trademark law. Therefore, a brand can be registered in the U.S.

Social Media 102

Social Media Trademark Branding Brands 102

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. Nor did he allege any lost business opportunities as the result of their presence on the market.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. Formalism creeping back in: three examples. (1)

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. 3) double identity and advertising: note that in the US comparisons for house brands are often made on the bottle or package! (4) Some objections go to the weight of the evidence.

Trademark 72

Trademark Marketing Marketing Advertising 72