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

Technology & Marketing Law Blog

This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. For example, 9th Circuit courts used the “Internet trinity” factors in the 2000s, and then switched in 2011 to a unique four-factor test from the Network Automation. LoanStreet v.

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Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Technology & Marketing Law Blog

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v.

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

Technology & Marketing Law Blog

Netscape and 2011 Network Automation cases modified it. Marketing channels. ” Every sex worker just took massive umbrage at the judge’s condescending stereotypes about the role of online marketing in their financial and safety decisions. ” (How about this: let’s not). It’s really offensive.