Technology & Marketing Law Blog

MAY 22, 2023

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.” Assuming each of the 236 references to Lerner & Rowe in the call logs is a confused consumer, the court says that means only about 0.2% clickthrough rate. LoanStreet v. Reyes & Adler v.

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Advertising Advertising False Advertising Trademark 108

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. Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v.

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Advertising Advertising False Advertising Trademark 86

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

First, only 94 of those references were “actual leads processed by Quintessa from its competitive bidding campaign (the campaign that bids on the Adler Marks).” There, the court similarly whittled down the number of references in the call logs for various reasons and also used a potentially dubious denominator.]

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Advertising Advertising False Advertising Trademark 83

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

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43(B)log

FEBRUARY 17, 2022

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. It was also first to market.)

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Advertising Advertising False Advertising Marketing 80

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!) Facebook , Nos.

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SpicyIP

MARCH 10, 2024

In their written statement, the Defendants claimed distinctions between the marks and denied any unlawful activities, asserting that their trademark application for ‘NOVYA’ covered a broader range of goods, and commercial activities had not yet commenced.

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Trademark Registering Trademarks Registration False Advertising 59