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

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Advertising Advertising False Advertising Trademark 98

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. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. Reyes & Adler v.

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Advertising Advertising Settlement Trademark 111

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.

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Technology & Marketing Law Blog

OCTOBER 6, 2024

The court says “Bedrock Quartz” is descriptive, and the plaintiff provided no evidence of consumer recognition, though it has spent $4M on marketing over the past 20 years. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Mark Strength. Consumer Care. LoanStreet v.

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Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

JULY 26, 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. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. Reyes & Adler v.

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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.

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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 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. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. Reyes & Adler v.

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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 98

Trademark Advertising Advertising False Advertising 98

Indiana Intellectual Property Law

FEBRUARY 23, 2023

As employees of MaddenCo, both Reed and Darby executed a Confidentiality Agreement wherein they agreed to not disclose any confidential information or material of MaddenCo or its subsidiaries. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years.

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False Advertising Confidentiality Copyright Infringement Contracts 40

SpicyIP

APRIL 17, 2023

The court held that since it does not have the statistical data regarding market presence of other pharmaceutical compounds, the brand names that ends with “Dex” and when one removes from the cited examples the products containing dexamethasone and dextromethorphan, the remaining examples cannot make out a case u/s 17(2).

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Advertising Advertising Confidentiality Trademark 105

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. Defendant Marble is Issuance’s co-founder and chief executive officer. challenged representations in slide form For purposes of a preliminary injunction motion, the court first considered literal falsity.

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Technology & Marketing Law Blog

OCTOBER 9, 2024

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.

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Advertising Advertising Trademark False Advertising 98

43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. False advertising: The comments about Route were opinion and not actionable under the Lanham Act.

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False Advertising Contracts Advertising Advertising 45

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Plaintiff (dba Whisker) sued defendant (dba Smarty Pear), its competitor in the market for automated, self-cleaning litter boxes. Automated Pet Care Prods., Purlife Brands, Inc.,

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43(B)log

JUNE 15, 2022

19, 2022) The parties compete in the market for energy drinks. VPX (Vital) makes BANG, which now contains creatyl-l-leucine (CLL), “a novel ingredient marketed under the trademark ‘Super Creatine.’ … Defendants claim that CLL is more stable and more bioavailable than other forms of creatine.”

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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. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. Reyes & Adler v.

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SpicyIP

DECEMBER 30, 2023

These guidelines target practices such as false urgency, basket sneaking, subscription traps, confirm shaming, forced actions, nagging, interface interference, bait and switch, hidden costs, and disguised ads. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt.

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IP Copyright Trademark Intellectual Property 124

43(B)log

JUNE 16, 2022

The information contained in this document is confidential to the person to whom it is addressed. The 100% guarantee was also factual and could be found to be false. This extends to any deceptive practice, not just false advertising, so those claims survived too. Restrictions will apply. What about standing/causation?

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False Advertising Advertising Advertising Contracts 45

Technology & Marketing Law Blog

OCTOBER 23, 2024

Marketing Channels. The court says “This factor might be relevant if ALG’s advertisements appeared on a lesser-known or product-specific search engine.” Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Brown Engstrand appeared first on Technology & Marketing Law Blog.

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Trademark Advertising Advertising False Advertising 105

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. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. It’s really offensive.

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43(B)log

MARCH 28, 2025

The parties compete in the market for mobile games that allow users to spend and win money (and in-game prizes). It also sued Papaya for false advertising about lack of bots. Users of Papayas games typically compete with between five and twenty opponents. Using this information, Skillz publicly accused Papaya of using bots.

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