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Best of 2011: Ninth Circuit. Keywords. Trademarks. Hike!

Likelihood of Confusion

First posted on March 11, 2011. involving keyword advertising. The post Best of 2011: Ninth Circuit. Here’s a roundup of what other people are saying about the decision in Network Automation, Inc. Advanced System Concepts, Inc. Trademarks. appeared first on LIKELIHOOD OF CONFUSION™.

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Disgorgement in a noncomparative false advertising case: doctrinal drift?

43(B)log

This allowed McCormick to advertise what seemed like an attractive lower price and charge more. Thus, for disgorgement of profits, a plaintiff need only show the defendant’s “sales of the allegedly falsely advertised products,” after which the burden shifts to the defendant to prove “any costs or deductions.” Edriver Inc.,

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no disgorgement/fees in false advertising case even after Romag remand

43(B)log

Despite Romag , the court declines to award disgorgement or fees in this false advertising case. A jury found that Harbor Breeze proved all elements of liability for false advertising but awarded $0 in damages and profits. And they used the phrase “Feel the Harbor Breezes” in a pay-per-click advertisement on Google.

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False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

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Gerber's Good Start troubles continue

43(B)log

2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) He would further opine that “there is a significant and substantial body of scientific evidence to support the representations in the Challenged Advertisements.” I’m not clear how a reasonable jury could find otherwise.)

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Winzo v Google- Missed Opportunity to Detail out Disparagement

SpicyIP

The court, however, had a differing view and has clarified that there is no disparagement on grounds of lack of comparative advertisement and permissibility of such disclaimers under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘IT Rules, 2021’).

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Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

Technology & Marketing Law Blog

This is a competitive keyword advertising lawsuit. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. ” But the advertiser was engaging in comparative advertising, which I think also strongly serves the public interest.