This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v. The post Griper’s Keyword Ads May Constitute FalseAdvertising (Huh?)–LoanStreet Reyes & Adler v.
T]he URL merely shows how the website’s data is organized and/or the search term entered by the consumer, and … this does not violate trademarklaw.” False designation of origin/falseadvertising: Lasoff v. And it dismissed falseadvertising claims as “duplicative of his infringement claim.”
Imagine owning a building in which you are renting out living space at your set prices and then coming across an advertisement that those same living spaces are available for a nightly, weekly, monthly or even annual fee. The scenario is actually playing out right now for many landlords. By: Thompson Coburn LLP
Maybe companies can resurrect noncompetes by prohibiting uses of their trademarks in former employees’ resumes! Portkey sued for unfair competition/reverse passing off, falseadvertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Venkateswaran, 2024 WL 3487735, No.
.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademarklaw) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.
The court dismissed most of Quincy’s claims (counterfeiting, trademark infringement, and false designation of origin) except for falseadvertising—a rare (and conceptually sound) approach that other, non-default cases could benefit from. But the unauthorized sale of a genuine product does not violate trademarklaw.
Therefore, the right to publicity in the US aims to prevent the unfair appropriation of an individual’s celebrity for commercial gains, indicating a close association with falseadvertisinglaw. Courts in India have relied on a combination of legal concepts to determine the status of personality rights. D.A.P & Co. &
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 FalseAdvertising (Huh?)–LoanStreet Troia * Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v.
On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for falseadvertising and infringing Vogue’s trademarks. Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademarklaw firm in Falls Church, Virginia.
More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute FalseAdvertising (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.
To the extent [the Board’s] appeal attempts to improperly use trademarklaws to block the expression of negative views about the university and its administration, such efforts fail.” Nor did it err in its falseadvertising analysis, which requires likely deception of reasonable consumers.
Even without standing, Jones failed to state a claim for false association or falseadvertising. He failed to allege a “valid, protectable trademark.” He also didn’t state a claim for falseadvertising, because he didn’t allege any “false statements about any product owned or produced by Jones.”
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 FalseAdvertising (Huh?)–LoanStreet LoanStreet v. Reyes & Adler v.
While this is a startling good defense ruling from a trademarklaw 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.
The International Trademark Association has warned the Federal Circuit to be wary of restricting falseadvertising claims under federal trademarklaw in certain circumstances, arguing that a lower court decision involving footwear company Crocs wasn't clear.
Falseadvertising: Spiralverse allegedly falselyadvertised 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.
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 falseadvertising claim would be dismissed.
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.
It is commonly used in trademarklaw 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.
Thus, any falseadvertising 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 falseadvertising. “[T]here
McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.
However, it provides both good challenges and opportunities under trademarklaw. 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.
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 FalseAdvertising (Huh?)–LoanStreet LoanStreet v. Reyes & Adler v.
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 FalseAdvertising (Huh?)–LoanStreet LoanStreet v. Reyes & Adler v.
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 FalseAdvertising (Huh?)–LoanStreet LoanStreet v. Reyes & Adler v.
McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.
In The Briefing , intellectual property attorney Scott Hervey and his guests provide insight in connection with copyrights, trademarks, patents, trade secrets, falseadvertising, licensing, promotions, and sweepstakes.
The manufacturer can sue the seller for copying its shots; the manufacturer can sue for falseadvertising 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.
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 falseadvertising and trademark infringement under the Lanham Act. Falseadvertising: “That Ms.
McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.
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 FalseAdvertising (Huh?)–LoanStreet LoanStreet v. Reyes & Adler v.
McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.
Thus, “not only are these not the classes of products or services that trademarklaw protects, but issuing motor vehicle license plates and tags cannot be considered commercial use, as it is a clear government activity.” Falseadvertising: No Lexmark standing for want of proximate cause.
Comment: trademarklaw bounces rather casually between normative and empirical understandings of the reasonable consumer. These cases provide great evidence that falseadvertisinglaw does so as well.] Why disregard the survey? The survey couldn’t change what reasonable consumers would understand.
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 FalseAdvertising (Huh?)–LoanStreet LoanStreet v. Reyes & Adler v.
May 19, 2023) Whereas the timeshare falseadvertising 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.
McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.
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.
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 trademarklaw demonstrates why. This justification is at least consistent with the core idea of trademarklaw.
24, 2021) A rare case finding no violation of the right of publicity or trademarklaw 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.
Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademarklaw saw two important interpretations from the Delhi High Court. Bolt Technology v. First, in Toyota v. d) Other IP Developments 1.
Mary Catherine Amerine, Reasonably Careless Consumers in FalseAdvertising 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 falseadvertising.
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 trademarklaw.
McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in FalseAdvertising Suit Over Search Ads–Harbor Breeze v. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content