Technology & Marketing Law Blog

AUGUST 17, 2021

It’s a defect of the common law tradition; bad doctrinal memes rarely die, and even those fading away are just one ill-advised case from being resurrected. What are “marketing rights”??? 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

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Technology & Marketing Law Blog

MAY 22, 2023

Nor can it be said to show that Defendants’ marketing strategy made confusion likely. 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.

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Technology & Marketing Law Blog

MARCH 13, 2022

1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. . * Duplicitous Competitive Keyword Advertising Lawsuits–Fareportal v.

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Technology & Marketing Law Blog

SEPTEMBER 9, 2022

So by the time the court says “the parties are vying for users in the same ‘market,'” you know that the judge has lost the thread. How can Troia vie for a “market” when the court already said he “is not offering a good or service”??? .” So why wasn’t that dispositive?

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Technology & Marketing Law Blog

AUGUST 30, 2023

Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” ” Marketing channel. ” Relatedness of goods. The litigants directly compete. Mark similarity.

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Technology & Marketing Law Blog

OCTOBER 6, 2024

The court says “Bedrock Quartz” is descriptive, and the plaintiff provided no evidence of consumer recognition, though it has spent $4M on marketing over the past 20 years. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Mark Strength. Consumer Care.

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Technology & Marketing Law Blog

SEPTEMBER 18, 2023

1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. –Adler v McNeil appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

JANUARY 8, 2024

That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

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Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. . * Duplicitous Competitive Keyword Advertising Lawsuits–Fareportal v.

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SpicyIP

SEPTEMBER 16, 2024

This decision thus raises questions about the scope of powers granted under the state’s excise laws and their intersection with trademark law. This unclear delineation of responsibility for determining similarity raises important questions about the consistency of such assessments under both excise and trademark laws.

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Technology & Marketing Law Blog

OCTOBER 9, 2024

1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. Warby Parker appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

JANUARY 24, 2024

If anything, the Second Circuit musings give the parties more to fight over, rather than providing enough clarity to estimate the Coase Theorem entitlement and facilitate a settlement. Gutman appeared first on Technology & Marketing Law Blog. Case citation : JLM Couture, Inc. Gutman , 2024 WL 172609 (2d Cir. Christou v.

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Traverse Legal Blog

JULY 14, 2022

Were you using your trademark before the alleged infringer? Has your trademark registration ever lapsed? Have you ever assigned – or been assigned – your trademark rights? How much do you spend on marketing related to your trademark? The infringer ceasing use of your trademark? A certain dollar figure?

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LexBlog IP

OCTOBER 25, 2021

.” In June 2021, the Second Circuit overturned a decision by the Federal Trade Commission (“FTC”) that 1-800 Contacts violated antitrust laws by enforcing its trademark rights against online competitors. Alternatively, should trademark owners have a responsibility to aggressively protect their intellectual property?

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Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” H&M (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Factual and Procedural Background. 3d 1194 , 1196 (9th Cir. The post U.S.

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Corsearch

FEBRUARY 22, 2024

What is trademark infringement? Let’s start with the basics; what is trademark infringement? Imagine you’ve conjured up the hottest brand on the market – “Crispy Crunch Delights” , complete with a jazzy logo. Learn more about distinctive trademarks. We explore in this article. The outcome?

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Technology & Marketing Law Blog

OCTOBER 23, 2024

Marketing Channels. 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. The result of these laws is to tamp down on competition between lawyers–nothing new for state bars, but still a condemnable development.

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SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. trademark trial over ‘MetaBirkin’ NFTs. lawsuit over infinity-logo trademark.

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Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v.

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Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Marketing channels. ” Every sex worker just took massive umbrage at the judge’s condescending stereotypes about the role of online marketing in their financial and safety decisions. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

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SpicyIP

FEBRUARY 5, 2024

The plaintiff alleged the defendant to be a trademark squatter who would file trademark applications and coerce legitimate trademark owners into paying large sums for no objection certificates. However, for CS(COMM) 162/2022 & 171/2022 the plaintiffs alleged that there was no settlement as on date. Marico Ltd. &

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LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 Second , it has been argued that the court merely espoused the settled principles of trademark law that ‘common’ names and phrases cannot be monopolized.

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43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. Nor did he allege any lost business opportunities as the result of their presence on the market.

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IP and Legal Filings

OCTOBER 23, 2024

However, in the era of global market and globalisation, it is only a matter of fact to copy a brand’s name and mark for one’s own company. “A A typical scenario is for a squatter to register the trademark of a foreign brand and wait until the foreign brand owner enters the local market.” [5] Trademark squatting.

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The IPKat

DECEMBER 23, 2024

This is a review of the new book, Research Handbook on the History of Trademark Law , edited by Lionel Bently (University of Cambridge) and Robert G. The volume would fit nicely under a normal-sized Christmas tree Readers of this blog know that trade mark law is rife with new developments and heated debates.

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SpicyIP

DECEMBER 31, 2024

Putting an End to some long standing Trademark Disputes Some of the longest-running battles in Indian Trademark Law have finally reached their conclusions! While these cases raised critical questions in Trademark Law, what truly unites them is the sheer time it took for the courts to deliver a verdict.

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