Technology & Marketing Law Blog

NOVEMBER 28, 2022

This is a bad ad buy by Allied, AND it’s a bad trademark enforcement decision by Porta-Fab. 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.

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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. Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v.

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Advertising Advertising False Advertising Trademark 97

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.

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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.

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Advertising Advertising False Advertising Trademark 111

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

Brown Engstrand * 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. Reyes & Adler v.

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Advertising Advertising False Advertising Trademark 96

Technology & Marketing Law Blog

OCTOBER 9, 2024

Brown Engstrand * 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. Reyes & Adler v.

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Advertising Advertising Trademark False Advertising 97

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.

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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? Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. LoanStreet v. Reyes & Adler v.

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Trademark Advertising Advertising False Advertising 94

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

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Advertising Advertising False Advertising Marketing 80

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. The post Competitive Keyword Advertising Claim Fails–Reflex Media v. Reyes & Adler v.

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Advertising Advertising Settlement Trademark 111

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. The post Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Reyes & Adler v.

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Technology & Marketing Law Blog

AUGUST 17, 2021

It’s a defect of the common law tradition; bad doctrinal memes rarely die, and even those fading away are just one ill-advised case from being resurrected. What are “marketing rights”??? More Posts About Keyword Advertising. McNeil appeared first on Technology & Marketing Law Blog.

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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. The post Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Reyes & Adler v.

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Trademark Advertising Advertising Settlement 95

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

The manufacturer can sue the seller for copying its shots; the manufacturer can sue for false advertising if non-official shots aren’t “accurate,” and freelancers love to sue over product shots they took and ones they think are too similar to the ones they took.]. Trademark owners will weaponize that ambiguity.

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Trademark False Advertising Advertising Advertising 144

SpicyIP

MARCH 10, 2024

In their written statement, the Defendants claimed distinctions between the marks and denied any unlawful activities, asserting that their trademark application for ‘NOVYA’ covered a broader range of goods, and commercial activities had not yet commenced.

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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. The post 1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v.

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43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” This justification is at least consistent with the core idea of trademark law. New Life Art, Inc., 3d 1266 (11th Cir.

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Artistic Work Television Trademark Trademark Law 64

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.” So much time and money was wasted on the trademark battles over keyword ad sales back in the old days, and it would break my heart if we do all of that over again.

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SpicyIP

DECEMBER 30, 2023

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. Meticulous Market Research Pvt. Bolt Technology v. First, in Toyota v.

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IP Copyright Trademark Intellectual Property 124

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. lululemon appeared first on Technology & Marketing Law Blog. Reyes & Adler 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. Luxy appeared first on Technology & Marketing Law Blog. It’s really offensive. Defendant’s intent.

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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. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

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Trademark Fair Use Registration False Advertising 59

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. New market entry opportunities?

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Trademark Marketing Marketing Advertising 72

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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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. Nor did he allege any lost business opportunities as the result of their presence on the market.

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IP Trademark Advertising Advertising 94

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.

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