Technology & Marketing Law Blog

MAY 22, 2023

The court says it needs more information to understand the call logs. Instead, the court says that any actual confusion evidenced by the call logs was de minimis as a matter of law. Nor can it be said to show that Defendants’ marketing strategy made confusion likely. The court doesn’t dig into that question further.

Advertising 108

Advertising Advertising False Advertising Trademark 108

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!) Facebook , Nos.

Intellectual Property 134

Intellectual Property Trademark Marketing Marketing 134

Technology & Marketing Law Blog

JUNE 29, 2022

Not enough information for the court to use this factor. 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. Irrelevant among direct competitors. Actual confusion.

Trademark 107

Trademark Advertising Advertising Blogging 107

SpicyIP

DECEMBER 30, 2023

Impleading the Department of Telecommunications/ Ministry of Electronics and Information Technology, the Court directed them to issue blocking orders against the impugned links. GoDaddy LLC, Dynadot LLC to immediately lock and suspend the domain names [link] , [link] and [link]. Bolt Technology v. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

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.

False Advertising 44

False Advertising Trademark Advertising Advertising 44

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

False Advertising 73

False Advertising Advertising Advertising Trademark 73

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. There’s a strain of marketing literature that uses scanner data: tries to measure effect of brand extension on parent brand. Some objections go to the weight of the evidence.

Trademark 70

Trademark Marketing Marketing Advertising 70

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Trademark use can show up in some surprising places.

IP 94

IP Trademark Advertising Advertising 94