article thumbnail

False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under ยง 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions. ” Dawgs brief.

article thumbnail

Annual Super Bowl Blog Post

Above the Fold

What will be the most creative advertising tagline? How many advertising controversies will emerge? Can any one commercial eclipse the advertising power of Taylor Swift being in attendance? Which celebrities will be featured? Will any of your old favorite marketing campaigns be brought back?

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Annual Super Bowl Blog Post

LexBlog IP

What will be the most creative advertising tagline? How many advertising controversies will emerge? Can any one commercial eclipse the advertising power of Taylor Swift being in attendance? Which celebrities will be featured? Will any of your old favorite marketing campaigns be brought back?

article thumbnail

National Advertising Divisionโ€™s 2022 Annual Report: An Advertising Compliance Roadmap for the Year Ahead

IP Tech Blog

โ€œ[N]o legacy is so rich as honestyโ€ 1 might fairly summarize the Federal Trade Commission (FTC)โ€™s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make?

article thumbnail

Elon Muskโ€™s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

seeks only damages based on the reactions of advertisers (third parties) to CCDHโ€™s speech in the Toxic Twitter report, which CCDH created after the scraping. The alleged โ€œharmโ€ here was a report that painted Twitter in an unflattering light and caused Twitter to purportedly lose advertising revenue. See FAC ยถยถ 70, 78; see also ACLU Br.

article thumbnail

Competitive Keyword Advertising Claim Failsโ€“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. More Posts About Keyword Advertising. The defense runs Luxy, a competitor. Yes, this was a 2021 decision.

article thumbnail

Announcing the Sixth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Technology & Marketing Law Blog

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Chapter 2: What is an Advertisement?

Editing 121