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6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that falseadvertising had interfered with the debtor’s estate in violation of the automatic stay. But why would some advertising constitute exercising control while other advertising didn’t? In re Windstream Holdings, Inc.,
As detailed in our previous posts, Columbia's allegations in this litigation have centered on EIF's alleged attempts to usurp control of the prestigious Encyclopaedia Iranica project (the "Encyclopaedia") and the legacy, publication rights, trademarks, and numerous copyrights associated with it.
McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v. Amazon. * More Evidence Why Keyword AdvertisingLitigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v.
McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v. Amazon. * More Evidence Why Keyword AdvertisingLitigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v.
You can get less damages than the cost of litigation, so the whole effort is unprofitable. The court says this lawsuit qualified: “LVSA litigated this case in an unreasonable manner. Its claims were tenuous at best, and that should have been apparent from the outset to its counsel, who has litigated numerous such lawsuits.”
In 2020, the plaintiff learned that “Defendant was using Plaintiff’s Marks in online tamale advertisements and in Google AdWords, which placed Defendant’s products above Plaintiff’s products in search results for the phrase ‘Texas Tamale.'” ” That prompted this litigation. ” Uh oh. LoanStreet v.
Even though this is an obviously stupid legal theory that wasn’t worth anyone’s time or money, Edible turned to an Atlanta litigation boutique (shoutout to Bondurant Mixson & Elmore LLP!!!) Amazon. * More Evidence Why Keyword AdvertisingLitigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v.
More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v.
May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….
McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v. Amazon. * More Evidence Why Keyword AdvertisingLitigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v.
The litigants directly compete. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Mark similarity.
May 18, 2023) More Posts About Keyword Advertising * 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 FalseAdvertising (Huh?)–LoanStreet LoanStreet v.
Warby Parker, part of 1-8oo Contacts’ irrepressible efforts to revive the litigation genre. The Second Circuit says, unambiguously, that “the mere act of purchasing a search engine keyword that is a competitor’s trademark does not alone, in the context of keyword search advertising, constitute trademark infringement.”
Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. LoanStreet v. Reyes & Adler v.
McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v. Amazon. * More Evidence Why Keyword AdvertisingLitigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v.
In that time, the parties have waged innumerable formal battles over seemingly everything available to parties in civil litigation: countless discovery disputes, motions for sanctions, and two rounds of summary judgment. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v.
Are the parties seriously going to litigate this to a trial? Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet It should be dispositive. Mark Strength. LoanStreet v. Reyes & Adler v.
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.
McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v. Amazon. * More Evidence Why Keyword AdvertisingLitigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v.
For Google, the only dark cloud was the concurrence’s effort to hold that competitive keyword advertisers are categorically not making a trademark use in commerce, but keyword ad sellers are. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. The Overlay of Legal Ethics Rules. LoanStreet v.
The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.
The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v.
[Gotta say, if we had a working FTC, this would be the kind of thing that the FTC considers deceptive, though it might well leave the parties to private remedies given their incentives to litigate and the lack of direct sales from the website.] It also sued Papaya for falseadvertising about lack of bots.
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