Confidentiality Copying False Advertising 
43(B)log
SEPTEMBER 7, 2021
Significantly, even intentional copying of a plaintiff’s trademark does not, standing alone, state a misrepresentation claim.” accused product another another The subsequent stipulation to a permanent injunction did not cover the registrations, but there is apparently a confidential settlement agreement that may have covered them.
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
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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 So why did I say the case was stupid? Allied Modular Building Systems, Inc.
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.”
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.
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.
Technology & Marketing Law Blog
JANUARY 8, 2024
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. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet LoanStreet v.
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