Technology & Marketing Law Blog

JULY 26, 2022

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.”

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Trademark Advertising Advertising Litigation 114

Technology & Marketing Law Blog

JUNE 8, 2024

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.

Trademark 114

Trademark Advertising Advertising False Advertising 114

Technology & Marketing Law Blog

NOVEMBER 28, 2022

More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet 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.

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Advertising Advertising False Advertising Trademark 111

43(B)log

MAY 2, 2022

15, 2021) (R&R) This long and citation-heavy opinion would be a good cheat sheet for looking at class action settlement approvals generally, especially in the 11th Circuit. But when it comes to surveys or, here, approving settlements, matters can differ. The court would have continuing jurisdiction to rule on any challenge.

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Settlement Advertising Advertising Marketing 118

Technology & Marketing Law Blog

OCTOBER 9, 2024

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.”

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Advertising Advertising Trademark False Advertising 97

Technology & Marketing Law Blog

AUGUST 30, 2023

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 False Advertising (Huh?)–LoanStreet Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Mark similarity.

Advertising 97

Advertising Advertising False Advertising Trademark 97

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 96

Advertising Advertising False Advertising Trademark 96

43(B)log

APRIL 17, 2023

Moreover, the Court’s finding as to the first two elements had little to do with the strength of Plaintiffs’ litigation position.” Thus, this case was exceptional because it “stands out from others with respect to the substantive strength of the party’s litigating position” and in “the unreasonable manner in which the case was litigated.”

False Advertising 59

False Advertising Litigation Advertising Advertising 59

Technology & Marketing Law Blog

FEBRUARY 16, 2022

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!!!) 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. They could not.

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IP Advertising Advertising Trademark Law 140

Technology & Marketing Law Blog

JANUARY 8, 2024

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.

Trademark 94

Trademark Advertising Advertising False Advertising 94

Technology & Marketing Law Blog

MAY 22, 2023

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 False Advertising (Huh?)–LoanStreet LoanStreet v.

Advertising 111

Advertising Advertising False Advertising Trademark 111

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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 111

Advertising Advertising Settlement Trademark 111

43(B)log

NOVEMBER 27, 2023

MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. But DNP isn’t actually licensed to practice law.

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False Advertising Advertising Advertising Contracts 49

Copyright Lately

SEPTEMBER 29, 2024

The judge dismissed the business disparagement, false advertising, unfair competition, and unjust enrichment claims. Whether State Farm will settle this dispute or continue to litigate remains to be seen. Other Claims: Dismissed The court was less forgiving when it came to Atari’s other claims.

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Fair Use Copyright Artwork Social Media 102

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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Trademark 95

Trademark Advertising Advertising Settlement 95

Technology & Marketing Law Blog

AUGUST 17, 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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

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Advertising Advertising Trademark Settlement 105

LexBlog IP

SEPTEMBER 2, 2022

In fact, the individual who provided the fake reviews entered into a settlement of the case against him for $100,000 at the same time the lawsuit was filed. While the Roomster case is proceeding as a civil action, many state false advertising and unfair business practices laws also provide for potential criminal penalties.

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False Advertising Settlement Publishing Law 52

Technology & Marketing Law Blog

JUNE 29, 2022

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.

Trademark 111

Trademark Advertising Advertising Blogging 111

Technology & Marketing Law Blog

OCTOBER 23, 2024

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.

Trademark 97

Trademark Advertising Advertising False Advertising 97

Technology & Marketing Law Blog

JULY 25, 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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 111

Advertising Advertising Settlement Trademark 111

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

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 False Advertising Suit Over Search Ads–Harbor Breeze v.

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Advertising Advertising Trademark Settlement 115

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Teami ($15 million settlement, all but $1 million suspended), where there were other bad things like fighting cancer claims and also nondisclosure by influencers like Cardi B.

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Advertising Advertising Law Privacy 40

LexBlog IP

MARCH 1, 2022

For instance, during the Trump presidency, then-California Attorney General Xavier Becerra sued the federal government more than 110 times, spending tens of millions of dollars on litigation on a wide variety of issues spanning immigration, voting rights and climate change, among others. Mexico border. Takeaway No. Takeaway No.

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Privacy Social Media Advertising Advertising 52