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 Troia * Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v.

Law 105

Law Advertising Advertising False Advertising 105

Erik K Pelton

DECEMBER 20, 2022

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Technology & Marketing Law Blog

NOVEMBER 28, 2022

More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Troia. * Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Allied Modular Building Systems, Inc. 2022 WL 4596646 (C.D. July 24, 2022). The CourtListener page. LoanStreet v.

Advertising 111

Advertising Advertising False Advertising Trademark 111

43(B)log

MAY 16, 2022

To the extent [the Board’s] appeal attempts to improperly use trademark laws to block the expression of negative views about the university and its administration, such efforts fail.” Nor did it err in its false advertising analysis, which requires likely deception of reasonable consumers.

False Advertising 72

False Advertising Advertising Advertising Trademark Law 72

43(B)log

FEBRUARY 16, 2023

Even without standing, Jones failed to state a claim for false association or false advertising. He failed to allege a “valid, protectable trademark.” He also didn’t state a claim for false advertising, because he didn’t allege any “false statements about any product owned or produced by Jones.”

False Advertising 87

False Advertising Registration Trademark Advertising 87

Technology & Marketing Law Blog

JUNE 8, 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.

Trademark 129

Trademark Advertising Advertising False Advertising 129

Technology & Marketing Law Blog

MAY 22, 2023

While this is a startling good defense ruling from a trademark law standpoint, I could see a state bar arguing that ads violate ethics rules if they produce hundreds of potentially misdirected prospective clients. May 18, 2023) More Posts About Keyword Advertising * More on Law Firms and Competitive Keyword Ads–Nicolet Law v.

Advertising 111

Advertising Advertising False Advertising Trademark 111

IP Law 360

MARCH 10, 2023

The International Trademark Association has warned the Federal Circuit to be wary of restricting false advertising claims under federal trademark law in certain circumstances, arguing that a lower court decision involving footwear company Crocs wasn't clear.

False Advertising 40

False Advertising Trademark Law Advertising Advertising 40

43(B)log

JANUARY 27, 2023

False advertising: Spiralverse allegedly falsely advertised its version of the Piano Book on Amazon as “new,” despite the rebinding, residue, and front labels. Was this literally false? Copyright infringement: Rebinding doesn’t create a derivative work.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

43(B)log

APRIL 29, 2022

However, Von Berg allegedly sold Nutra-Luxe to Lash HoldCo, LLC without notice or compensation to Hawrych without paying him, at which point Hawrych revoked permissions and licenses that he had granted Defendants for the use of his name, image, and trademark. Thus, the false advertising claim would be dismissed.

False Advertising 45

False Advertising Advertising Advertising Registering Trademarks 45

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Thus, Hepp’s statutory claim against Facebook is about the commercial effect on her intellectual property, not about protected speech. The majority ends with a not-credible declaration that its ruling doesn’t threaten free speech.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

Olartemoure Blog

FEBRUARY 8, 2023

It is commonly used in trademark law and derives its authority from the First Amendment of the U.S. The plaintiff was the performer Ginger Rogers against the producers and distributors of the film “Ginger and Fred” for creating a false impression of her involvement in the production. Constitution.

False Advertising 59

False Advertising Intellectual Property Trademark Trademark Law 59

43(B)log

FEBRUARY 17, 2022

Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. ChromaDex’s only proof of injury was its excluded damages expert report, which simply assumed that all of Elysium’s sales would have gone to ChromaDex without the allegedly false advertising. “[T]here

Advertising 80

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

Advertising 111

Advertising Advertising Settlement Trademark 111

The IP Law Blog

DECEMBER 29, 2023

In The Briefing , intellectual property attorney Scott Hervey and his guests provide insight in connection with copyrights, trademarks, patents, trade secrets, false advertising, licensing, promotions, and sweepstakes.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

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.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

OCTOBER 6, 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.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

AUGUST 30, 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.

Advertising 98

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

Trademark 119

Trademark Advertising Advertising Litigation 119

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

43(B)log

SEPTEMBER 7, 2021

She allegedly falsely represented that she was authorized to deliver Londra’s “recording artist and songwriting services. Big Ligas sued for tortious interference and for false advertising and trademark infringement under the Lanham Act. False advertising: “That Ms.

False Advertising 45

False Advertising Fair Use Advertising Advertising 45

Technology & Marketing Law Blog

JANUARY 8, 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.

Trademark 98

Trademark Advertising Advertising False Advertising 98

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.

Trademark 59

Trademark False Advertising Advertising Advertising 59

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

Trademark 110

Trademark Advertising Advertising Settlement 110

43(B)log

OCTOBER 11, 2023

Thus, “not only are these not the classes of products or services that trademark law protects, but issuing motor vehicle license plates and tags cannot be considered commercial use, as it is a clear government activity.” False advertising: No Lexmark standing for want of proximate cause.

Licensing 49

Licensing False Advertising Advertising Advertising 49

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

Advertising 105

Advertising Advertising Trademark Settlement 105

43(B)log

OCTOBER 7, 2021

Comment: trademark law bounces rather casually between normative and empirical understandings of the reasonable consumer. These cases provide great evidence that false advertising law does so as well.] Why disregard the survey? The survey couldn’t change what reasonable consumers would understand.

False Advertising 45

False Advertising Advertising Advertising Trademark Law 45

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.

Advertising 98

Advertising Advertising Trademark False Advertising 98

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 52

Social Media Trademark Branding Brands 52

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

False Advertising 49

False Advertising Social Media Advertising Advertising 49

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

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.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

43(B)log

DECEMBER 1, 2022

Although “third parties have used Flora-Bama in the titles of third parties’ artistic works with Plaintiffs’ oral or written permission,” that doesn’t make this a title-v-title case: Basic trademark law demonstrates why. This justification is at least consistent with the core idea of trademark law.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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.

Advertising 52

Advertising Advertising Business Reporting 52

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. Bolt Technology v. First, in Toyota v. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

OCTOBER 23, 2024

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. Competitive keyword advertising by lawyers is different from most other industry segments, because lawyers must also comply with their ethics rules in addition to trademark law.

Trademark 105

Trademark Advertising Advertising False Advertising 105

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

Advertising 111

Advertising Advertising Settlement Trademark 111