Definition False Advertising Marketing Trademark Law 
Technology & Marketing Law Blog
SEPTEMBER 9, 2022
” This definition of a service is an obvious tautology, and it’s also obviously in tension with the First Amendment. So by the time the court says “the parties are vying for users in the same ‘market,'” you know that the judge has lost the thread. ” So why wasn’t that dispositive?
43(B)log
AUGUST 9, 2024
Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to a decision than seems rational for the amount of risk/benefit in their lives. Court expects consumers to be reasonably prudent in both TM and false advertising. But, surprise!
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Technology & Marketing Law Blog
JANUARY 8, 2024
The trademark owner argued that the customers may have been directed via initial interest confusion to the rival website. The court says there can’t be MULTIPLE instances of INITIAL interest confusion: By definition, initial interest confusion is “confusion that creates initial customer interest.” LoanStreet v.
Technology & Marketing Law Blog
SEPTEMBER 28, 2021
.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.” Lack of State Preemption.
43(B)log
FEBRUARY 16, 2024
Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. That doesn’t mean that 43(a) couldn’t go beyond classic trademark protection. Then, in Lexmark v.
SpicyIP
DECEMBER 30, 2023
The Court held that “diagnostic” under Section 3(i) should neither be construed narrowly, limited to only in-vivo or definitive diagnosis, nor broadly to include any process “relating to” diagnosis. On March 13, the Delhi High Court granted an ex parte interim injunction in Markets and Markets Research Pvt. Bolt Technology v.
43(B)log
FEBRUARY 3, 2023
We can make things excludable through tech and law, making things that previously looked like public goods providable by private markets. Book project: how do we reconcile that with our intuitions about markets and distributive justice? A few say that you can’t use marketing messages other than what they approve.
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