Technology & Marketing Law Blog

JUNE 8, 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. 1-800 Contacts * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

Trademark 129

Trademark Advertising Advertising False Advertising 129

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.

Trademark 110

Trademark Advertising Advertising Settlement 110

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. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 111

Advertising Advertising False Advertising Trademark 111

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. Concluding Remarks.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Technology & Marketing Law Blog

AUGUST 17, 2021

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.

Advertising 105

Advertising Advertising Trademark Settlement 105

IP and Legal Filings

OCTOBER 26, 2023

It also demands from the opponent to refrain from using the trademark which as per the trademark bully is similar to their trademark. Post serving such notice the small entity is forced for settlement because getting into a legal battle would be a disadvantageous step financially.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105

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.

Trademark Law 81

Trademark Law Intellectual Property Registration IP 81

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. 1-800 Contacts * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

SEPTEMBER 9, 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.

False Advertising 129

False Advertising Advertising Advertising Trademark 129

Technology & Marketing Law Blog

OCTOBER 6, 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. 1-800 Contacts * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

Advertising 98

Advertising Advertising False Advertising Trademark 98

SpicyIP

SEPTEMBER 18, 2023

Union Of India Image from here The Delhi High Court recently questioned the Controller’s office regarding mechanisms for the governance of patent and trademark agents. Lokesh dives into this issue and argues that there already exists such a mechanism under Patent and Trademark law albeit mostly unused.

Trademark 105

Trademark IP Government Intellectual Property 105

SpicyIP

FEBRUARY 9, 2025

A Family settlement agreement (FSA) was concluded wherein Abhishek Lodha was appointed as the CEO of the Lodha Group (later renamed Macrotech). In Trademark law, it is important to determine if the mark is being used to offer goods and services similar to the ones for which it is registered. 500 crores (disputed figure).

Branding 59

Branding Brands Branding Business 59

Technology & Marketing Law Blog

AUGUST 30, 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. 1-800 Contacts * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

Advertising 98

Advertising Advertising False Advertising Trademark 98

The TTABlog

OCTOBER 21, 2024

Farmer , the founder of Leading Edge Law Group, PLC , in Richmond, Virginia, has for more than 25 years written a monthly column for the Richmond Times on breaking legal issues in the e-commerce, intellectual property and high-tech fields. He also lectures annually for the Virginia bar on trademark law developments.

All Rights Reserved 49

All Rights Reserved Trademark Registration Intellectual Property 49

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.

Trademark 111

Trademark Advertising Advertising Blogging 111

Likelihood of Confusion

AUGUST 19, 2021

The IMPACT® blog reports a settlement in the Second Life dispute. Originally posted 2010-03-28 10:00:14. Republished by Blog Post Promoter. The post Second Life case settles appeared first on LIKELIHOOD OF CONFUSION™.

Settlement 52

Settlement Blogging Reporting Fair Use 52

Technology & Marketing Law Blog

JANUARY 8, 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. 1-800 Contacts * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

Trademark 98

Trademark Advertising Advertising False Advertising 98

Likelihood of Confusion

OCTOBER 19, 2022

Hard to see how this doesn’t have some effect on any settlement discussions in the. Speaking of my post from yesterday, below — wow. Survey: Users Confuse Search Results, Ads. The post Survey: Users Confuse Search Results, Ads appeared first on LIKELIHOOD OF CONFUSION™.

Settlement 52

Settlement Trademark Law Advertising Advertising 52

Traverse Legal Blog

JULY 14, 2022

Before diving into trademark infringement litigation, ask yourself what you would be willing to settle for. The infringer ceasing use of your trademark? Knowing your bottom line will help you throughout the litigation process if the prospect of settlement ever occurs. HIRE AN EXPERIENCED TRADEMARK ATTORNEY.

Cease and Desist 98

Cease and Desist Trademark Litigation Intellectual Property 98

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. 1-800 Contacts * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

Advertising 98

Advertising Advertising Trademark False Advertising 98

SpicyIP

MARCH 13, 2025

Secondly, borrowing principles from one area of law into another, such as trademark law, into copyright law might not yield good results all the time, as happened in the present case, which I discussed in the previous post. The value of mediating IP disputes has been discussed in this blog.

Copyright 59

Copyright IP Settlement Copyright Law 59

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?

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

SpicyIP

NOVEMBER 17, 2023

Understanding IPR law enables “legally aware entrepreneurs/techno-entrepreneurs” to navigate these complex transactions and negotiate favourably. Neglect of IPR law can lead to unintentional infringement, resulting in costly legal disputes.

Intellectual Property 105

Intellectual Property Technology IP Law 105

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. Kravitz An Update on PhoneDog v. Kravitz, the Employee Twitter Account Case Another Set of Parties Duel Over Social Media Contacts — Eagle v.

Social Media 105

Social Media Ownership Designs Design 105

SpicyIP

JANUARY 4, 2023

This view has radically extreme consequences , and upon close thought, it seems possible that such a view, arguably, has the potential to make many property interests in speech unrealizable , especially in cases when these speech interests are touted in property-esque terms specially to make them transferable or alienable, something that is alien to (..)

Copyright Law 105

Copyright Law Copyright Law IP 105

Corsearch

FEBRUARY 22, 2024

To be eligible for trademark protection, the mark must be distinctive, non-generic, and not already in use by another party. Learn more about distinctive trademarks. Common trademark violations Navigating the waters of trademark laws can sometimes feel like you’re trying to solve a puzzle blindfolded—confusing, right?

Branding 59

Branding Brands Branding Trademark 59

Technology & Marketing Law Blog

MARCH 7, 2022

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.” Copyright Office, Annual Report of the Register of Copyrights, Fiscal Year Ending September 30, 2008 , at 12–13 (2008).

Registration 98

Registration Blogging Copyright Designs 98

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. Relevant here are Arun C.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

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.

Designs 52

Designs Design Trademark Cease and Desist 52

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

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.

Advertising 111

Advertising Advertising Settlement Trademark 111

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

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.

Advertising 126

Advertising Advertising Trademark Settlement 126

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.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

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. &

Trademark 59

Trademark Settlement Licensing IP 59

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. §

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

43(B)log

OCTOBER 4, 2021

This ruling helped resurrect trademark owners’ interests in threatening others engaged in competitive keyword advertising, despite no persuasive evidence that keyword-triggered confuse consumers unless they have confusing ad text.

IP 94

IP Trademark Advertising Advertising 94

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.

Trademark Law 62

Trademark Law Law Trademark Registration 62