Remove Confidentiality Remove Copying Remove Litigation Remove Trademark Law
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TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

Technology & Marketing Law Blog

” That prompted this litigation. ” But the trademark registration was over 5 years old, so it had become “incontestable.” However, this injunction must navigate the obvious problems with the trademark. LBF (& Vice-Versa) * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v.

Trademark 100
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Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular

Technology & Marketing Law Blog

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. So why did I say the case was stupid?

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Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

Technology & Marketing Law Blog

The litigants directly compete. Nurses who have used the plaintiff’s program in the past or who heard of it through word of mouth, for example, may search the trademarked name on Google and find the defendant’s website instead of the plaintiff’s website. ” Relatedness of goods. Mark similarity. That is the most common outcome.

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Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

Technology & Marketing Law Blog

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. To marketplace alternatives that they independently discover and vet?

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Internal Search Results Aren’t Trademark Infringing–PEM v. Peninsula

Technology & Marketing Law Blog

The court hedges its position about internal search engines, saying there might be confusion if: the trademark owner shows that consumers don’t understand the source of the items listed in the internal search results. the rival included ad copy telling consumers they were buying the trademark owner’s items when they weren’t.

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1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. Warby Parker

Technology & Marketing Law Blog

1-800 Contacts’ keyword ad litigation campaign went on hiatus during the pendency of the FTC enforcement. With that resolved, 1-800 Contacts reverted to its old litigation tricks–and is getting the same futile outcomes. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v.

Trademark 108
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Intellectual Rigour, Redefining Judicial Courage: Supreme Court Justice SR Bhat’s Rich Legacy

SpicyIP

We are pleased to bring to you a copy of this article by Prashant Reddy T on Justice Bhat’s rich legacy. Justice Bhat was amongst the few judges of the Delhi High Court to buck the trend and bring back some semblance of balance to intellectual property litigation. Please note, this article was originally published on Scroll.in.]