Technology & Marketing Law Blog

MAY 13, 2023

May 10, 2023) More Posts About Keyword Advertising * 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….

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Law Advertising Advertising False Advertising 105

Technology & Marketing Law Blog

NOVEMBER 28, 2022

As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet 2022 WL 4596646 (C.D.

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Advertising Advertising False Advertising Trademark 111

Technology & Marketing Law Blog

FEBRUARY 16, 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.

IP 141

IP Advertising Advertising Trademark Law 141

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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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

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.

Advertising 111

Advertising Advertising False Advertising Trademark 111

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

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

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Trademark Advertising Advertising Litigation 119

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

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.

Advertising 105

Advertising Advertising Trademark Settlement 105

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 110

Trademark Advertising Advertising Settlement 110

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

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

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

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Advertising Advertising Settlement Contracts 64

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.

Advertising 98

Advertising Advertising Trademark False Advertising 98

IP Watchdog

JULY 25, 2023

On Friday, July 21, an Illinois district court ruled that a Pakistani employee of a medical device distribution company infringed on Ethicon’s trademark when he bought, marketed and sold counterfeit Ethicon devices. Ethicon is a subsidiary of Johnson & Johnson and won an $18 million default judgment.

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False Advertising Settlement Contracts Advertising 40

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

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Trademark Advertising Advertising Blogging 111

Copyright Lately

SEPTEMBER 29, 2024

The company claimed the ad’s use of the Crystal Castles cabinet was de minimis —too fleeting and trivial to constitute infringement—and that it was protected under the fair use doctrine, asserting that the commercial had no conceivable impact on the market for Atari’s game.

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The IPKat

MARCH 7, 2024

Finally, in "The TRIPS Agreement and the Sustainable Disposal of IP-Infringing Goods - Lessons from WTO Dispute Settlement Cases," Wolf R. Unfortunately, some of these disputes ended in out-of-court settlements, leaving the circular economy market without clear judicial guidance.

Intellectual Property 57

Intellectual Property False Advertising Settlement Editing 57

LexBlog IP

FEBRUARY 20, 2023

Well, the FTC thinks this is “review hijacking,” when a marketer “steals or repurposes reviews of another product.” Let’s be clear – this was not necessarily “plain old false advertising.” ” And it cost Nature’s Bounty $600,000.

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43(B)log

JUNE 16, 2022

After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.” 22, 2022) Plaintiffs used Omaze’s website to “donate” money to various charities and be entered for chances to win prizes. The court granted the motion to dismiss in part.

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False Advertising Advertising Advertising Design 59

43(B)log

DECEMBER 28, 2022

However, “because even qualified claims may imply more domestic content than exists, manufacturers or marketers must exercise care when making these claims.” The court rejected New Balance’s reliance on a prior settlement in Dashnaw v. content,” or indicate generally the existence of foreign content (e.g., Made in USA of U.S.

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Advertising Advertising Settlement False Advertising 72

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. Not important in keyword ad cases. ” Huh? LoanStreet v.

Trademark 105

Trademark Advertising Advertising False Advertising 105

Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v.

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Advertising Advertising Settlement Trademark 111

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

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Advertising Advertising Trademark Settlement 126

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage.

IP 94

IP Trademark Advertising Advertising 94

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.

Advertising 40

Advertising Advertising Law Privacy 40

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Ultimately, the California enforcers reached a financial settlement with the clothing brand that includes injunctive terms governing future conduct. Takeaway No.

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Privacy Social Media Advertising Advertising 52