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Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising

SpicyIP

Image from here Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising Nivrati Gupta “New technologies give us new opportunities, but they all raise the question: How do old, familiar laws apply?” Views expressed here are those of the author’s alone.

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influencers aren't advertisers' agents, materiality can be common sense, & more in supplement case

43(B)log

Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

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Competitive Keyword Ad Lawsuit Fails…Despite 236 Potentially Confused Customers–Lerner & Rowe v. Brown Engstrand

Technology & Marketing Law Blog

This case involves two rival personal injury law firms in Arizona, one of which engaged in competitive keyword advertising against the other. Each log entry includes the date of the call and the caller’s name, as well as a column labeled “[w]hat they said referred by.” The court dismisses the lawsuit on summary judgment.

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Smells like Luxury, Does it Cost a Trademark Battle?

SpicyIP

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. Image from here Smells like Luxury, Does it cost a Trademark Battle? We will explore the relevance of this further ahead in this post.

Trademark 111
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Trademark Infringement in the Digital Age

IP and Legal Filings

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges.

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Zara vs. Boungiorno and the possibility (or not) of using third-party trademarks

Garrigues Blog

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS.

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Some Concepts concerning“the Use of Trademark”in China’s Trademark Practice

JD Supra Law

Article 4 of the Trademark Law stipulates that "the use of the trademark referred to in this Law refers to the use of the trademark on goods, goods packaging or containers and goods transaction documents, or the use of the trademark in advertising, exhibitions and other business activities for the identification of the source of goods."