Technology & Marketing Law Blog

MAY 22, 2023

Each log entry includes the date of the call and the caller’s name, as well as a column labeled “[w]hat they said referred by.” Assuming each of the 236 references to Lerner & Rowe in the call logs is a confused consumer, the court says that means only about 0.2% clickthrough rate. LoanStreet v. Reyes & Adler v.

Advertising 111

Advertising Advertising False Advertising Trademark 111

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.

Trademark 144

Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

JUNE 8, 2024

However, this injunction must navigate the obvious problems with the trademark. 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. LoanStreet v. Reyes & Adler v.

Trademark 129

Trademark Advertising Advertising False Advertising 129

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

First, only 94 of those references were “actual leads processed by Quintessa from its competitive bidding campaign (the campaign that bids on the Adler Marks).” There, the court similarly whittled down the number of references in the call logs for various reasons and also used a potentially dubious denominator.]

Advertising 98

Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

AUGUST 30, 2023

The consumer operating with a higher degree of purchaser care would likely understand that clicking on the Colibri’s ad would bring them to Colibri’s website, which contains no reference to the Plaintiff or its services.” Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. LoanStreet v.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

OCTOBER 9, 2024

This ruling doesn’t address the scenario where the advertiser’s ad copy references the trademark. Those cases generally have also gone poorly for trademark owners–they often fail in court, and they are routinelty terrible financial decisions (i.e., LoanStreet v. Reyes & Adler v.

Advertising 98

Advertising Advertising Trademark False Advertising 98

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. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.

Trademark 111

Trademark Advertising Advertising Blogging 111

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. Nor was referential use required.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

LexBlog IP

FEBRUARY 1, 2023

at 997-98, Rogers limited the application of the Lanham Act’s prohibition on false advertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Brands Branding 52

SpicyIP

DECEMBER 30, 2023

The Division Bench judgement was passed on October 13, in response to the reference made by a Single Judge Bench where the Court disagreed with the finding of the coordinate bench in Boehringer Ingelheim v. The judgement was passed by a Single Judge Bench of Justice Manish Pitale. Indian Performing Right Society Ltd. Bolt Technology v.

IP 124

IP Copyright Trademark Intellectual Property 124

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. I’ve left out the parts specific to registered trademarks and the reference to treaties.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

DECEMBER 20, 2024

However, it provides both good challenges and opportunities under trademark law. The blog covers how trademarks evolve in the era of social media and influencer marketing, analyzing legal uncertainties, protection mechanisms, and best practices for commercial usage. Therefore, a brand can be registered in the U.S.

Social Media 102

Social Media Trademark Branding Brands 102

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 75

False Advertising Advertising Advertising Trademark 75