False Advertising Reporting Trademark Law 
43(B)log
JULY 25, 2024
Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes! Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Venkateswaran, 2024 WL 3487735, No.
43(B)log
FEBRUARY 17, 2022
Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. There’s a difference between a statement about product benefits made by Consumer Reports and the same statement by a person with an economic motive who also displayed a banner, “Buy This Product.”
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Technology & Marketing Law Blog
JULY 25, 2021
For more on this, see my expert report in the Larsen v. 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. Larson case. Reyes & Adler v.
43(B)log
FEBRUARY 15, 2022
24, 2021) A rare case finding no violation of the right of publicity or trademark law from an allegedly false endorsement based on lack of harm. Benefit to the defendant, the court says, is not itself harm to the plaintiff—see also this recent Note on trademark standing by my former student Lauren Bilow. HomeAdvisor, Inc.,
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.
Technology & Marketing Law Blog
JUNE 8, 2024
Among other limits, the court refuses to enjoin the defendants’ keyword ad buys, though the restriction applies to trademark references in the ad copy: District courts in the Fifth Circuit have held that “in and of itself—using a competitor’s trademark as a Google AdWords or keyword does not constitute trademark infringement.”
Technology & Marketing Law Blog
OCTOBER 9, 2024
Typically, a consumer survey would be introduced through an expert report, well after filing the complaint. 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.
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