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).

Advertising 98

Advertising Advertising Trademark False Advertising 98

Technology & Marketing Law Blog

JANUARY 8, 2024

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.

Trademark 98

Trademark Advertising Advertising False Advertising 98

43(B)log

DECEMBER 1, 2022

Deliberate copying was irrelevant. In a Rogers case, intentional copying alone cannot justify an inference of copying with intent to confuse, even if that can occur in cases that don’t “implicate” the First Amendment. “[I]n This justification is at least consistent with the core idea of trademark law.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Technology & Marketing Law Blog

JUNE 29, 2022

The court, bound by Fifth Circuit law, rejects the motion to dismiss per the Jim Adler/Texas Hammer Fifth Circuit ruling. 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.

Trademark 111

Trademark Advertising Advertising Blogging 111

LexBlog IP

FEBRUARY 1, 2023

at 997-98, Rogers limited the application of the Lanham Act’s prohibition on false advertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

OCTOBER 23, 2024

The rival bought competitive keyword ads (the court uses the term “conquesting,” which I objected to here ) but didn’t include the third-party trademark in the ad copy. Here’s an example: Competitive keyword advertising by law firms has been a source of trouble for years. Mark Similarity.

Trademark 105

Trademark Advertising Advertising False Advertising 105

SpicyIP

DECEMBER 30, 2023

Fantasy Sports [Delhi High Court] In a suit alleging copyright infringement, HULM Entertainment argued that Fantasy Sports’ “MyFab11” sports fantasy app copies the trading and stock features and GUI of its “Exchange 22” app. HULM Entertainment v. Bolt Technology v. First, in Toyota v. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2023

Copying may be directly costless to the knowledge creator, but knowledge transfer is not, and who is initiating may affect what’s going on here: knowledge transfer encodes voluntariness which fits with Cicero but not with a lot of the copying to which people object today. How do they make that happen? Gender and class?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy.

Advertising 126

Advertising Advertising Trademark Settlement 126

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. We could do things like market share analysis—but TM might not try to prevent copying others’ TMs in general. Some objections go to the weight of the evidence.

Trademark 72

Trademark Marketing Marketing Advertising 72