IP and Legal Filings

OCTOBER 26, 2023

Off late these instances of trademark bullying has been a concern and persistent problem in many countries with large entities targeting the small enterprises just for the sake of business gains. It also demands from the opponent to refrain from using the trademark which as per the trademark bully is similar to their trademark.

Cease and Desist 100

Cease and Desist Trademark Registering Trademarks Business 100

Technology & Marketing Law Blog

DECEMBER 19, 2021

. * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Reyes & Adler v.

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Advertising Advertising Settlement Trademark 107

Technology & Marketing Law Blog

AUGUST 30, 2023

The litigants directly compete. Nurses who have used the plaintiff’s program in the past or who heard of it through word of mouth, for example, may search the trademarked name on Google and find the defendant’s website instead of the plaintiff’s website. Groupon * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v.

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Advertising Advertising False Advertising Trademark 87

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

Warby Parker * Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Groupon * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. FTC * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Advertising 84

Advertising Advertising False Advertising Trademark 84

Technology & Marketing Law Blog

JANUARY 8, 2024

In that time, the parties have waged innumerable formal battles over seemingly everything available to parties in civil litigation: countless discovery disputes, motions for sanctions, and two rounds of summary judgment. Warby Parker * Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v.

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Trademark Advertising Advertising False Advertising 80

Technology & Marketing Law Blog

MARCH 13, 2022

Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Luxy. * Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. . * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

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Trademark Advertising Advertising Settlement 81

Technology & Marketing Law Blog

JULY 25, 2021

. * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Reyes & Adler v.

Advertising 107

Advertising Advertising Settlement Trademark 107

Technology & Marketing Law Blog

AUGUST 17, 2021

. * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Reyes & Adler v.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Warby Parker. * Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Groupon. * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Luxy. * Think Keyword Metatags Are Dead?

False Advertising 99

False Advertising Advertising Advertising Trademark 99

The IP Law Blog

MARCH 2, 2021

When settlement discussions proved fruitless, Romag sued. 10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes. The Court found the argument intriguing but problematic.

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Intellectual Property Contracts Trademark Trademark Law 52

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. Warby Parker * Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v.

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Advertising Advertising False Advertising Trademark 108

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts’ keyword ad litigation campaign went on hiatus during the pendency of the FTC enforcement. With that resolved, 1-800 Contacts reverted to its old litigation tricks–and is getting the same futile outcomes. Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v.

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Trademark Advertising Advertising Blogging 107

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 100

Advertising Advertising Trademark Settlement 100

Technology & Marketing Law Blog

MARCH 7, 2022

The one actually litigated in the case (these images come from the complaint) is here.) The legislative history indicated that 411(b) was one of “a number of changes to copyright and trademark law that will enhance the ability of intellectual property rights holders to enforce their rights.” b)(4)(i)(A) (2011).

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Registration Blogging Copyright Designs 78

LexBlog IP

JULY 21, 2021

Second , it has been argued that the court merely espoused the settled principles of trademark law that ‘common’ names and phrases cannot be monopolized. The same assumption would also extend to other demi-gods, saints, prophets of all the religions taking the total ban tally to an astronomical figure. 17 U.S.C. §

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Intellectual Property Invention Trademark Copyright 52