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Top Trademark Trends of 2022

Erik K Pelton

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark 130
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using an ITU to get non-Amazon platforms to take down competitors

43(B)log

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. But (see below) Jones didn’t plead trademark infringement [would fraud on the PTO have worked?

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When Do Inbound Call Logs Show Consumer Confusion?–Adler v McNeil

Technology & Marketing Law Blog

The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. The district court initially dismissed Adler’s trademark claims , but the Fifth Circuit unfortunately revived the claims citing initial interest confusion (UGH). LoanStreet v. Second Circuit Says: Great, Have a Nice Day!–1-800

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lawyer doesn't make use in commerce by negotiating for client

43(B)log

Yu, 2021 WL 1518993, No. 16, 2021) Big Ligas is owned by three members equally: Daniel Echavarria, also known as Ovy; Christian Andres Salazar; and Paulo Londra. She allegedly falsely represented that she was authorized to deliver Londra’s “recording artist and songwriting services. False advertising: “That Ms.

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Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy

Technology & Marketing Law Blog

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. Yes, this was a 2021 decision. 2021 WL 5936974 (C.D. More Posts About Keyword Advertising.

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Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. McNeil

Technology & Marketing Law Blog

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims. ” Adler sued for trademark and related claims.

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Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Technology & Marketing Law Blog

Yes, it’s 2021. But trademark plaintiffs and judges are still partying like it’s 1999. The plaintiff is Seeking Arrangements, one of my favorite websites to base my Internet Law exams on. The court starts its trademark analysis nostalgically: “Turn back the clock to the Internet’s nascent age—1999.”