Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. As the court says later, “it seems unlikely that an Internet user who reads defendant’s advertisements would believe that they belong to or are endorsed by plaintiffs.”

False Advertising 98

False Advertising Advertising Advertising Trademark 98

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 119

False Advertising Advertising Advertising Law 119

43(B)log

DECEMBER 12, 2022

6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. The back of the advertisement said, among other things, “Windstream’s future is unknown, but Spectrum is here to stay.”

False Advertising 59

False Advertising Advertising Advertising Contracts 59

LexBlog IP

OCTOBER 27, 2023

Pixels, a piece of tracking software businesses use to assess the success of their advertising campaigns, are creating headaches for in-house counsel as decades-old laws are being revived by litigants. Litigants are most active against healthcare providers and businesses that host videos online.

Privacy 40

Privacy Litigation Advertising Advertising 40

LexBlog IP

NOVEMBER 7, 2022

Seyfarth Shaw is a Law Master Sponsor for the 2022 ANA Masters of Advertising Law Conference, the biggest advertising, marketing, and promotion law conference in the nation. Seyfarth’s topics include: Advertising Litigation Developments. On Thursday, November 10 at 11:05 a.m. On Wednesday, November 9 at 5:15 p.m.

Advertising 40

Advertising Advertising Marketing Marketing 40

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Adidas, for example, is a brand that has achieved success in the sports business by introducing sports clothing and other related products. Because of its digital marketing being so powerful and influential, many small businesses come forward to collaborate with large companies like this. For Example, Nike, Apple, Haagen-Dazszl.

Business 52

Business Trademark Registration Cease and Desist 52

LexBlog IP

MARCH 5, 2024

Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history. Adim8, LLC v. DoorDash, Inc.

Reporting 52

Reporting Litigation Patent IP 52

IPilogue

FEBRUARY 2, 2022

In addition to learning more about the company from legal, business, marketing, and human resources perspectives, I had the opportunity to witness the passion that each team member brought to their work and the company’s mission. As a multinational pharmaceutical company, AstraZeneca is often involved in complex patent litigation.

Business 106

Business Privacy Intellectual Property Law Advertising 106

Technology & Marketing Law Blog

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. to lose significant advertising revenues.”

Litigation 86

Litigation Contracts Advertising Advertising 86

IP Intelligence

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense. 107 is common practice.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

43(B)log

OCTOBER 1, 2021

Kissler counterclaimed that these emails were commercial speech that violated the Lanham Act’s prohibition on false advertising and caused Kissler to suffer irreparable harm, including loss of business opportunities and harm to its reputation. Sending the complaint to twelve customers wasn’t “commercial advertising or promotion.”

Advertising 59

Advertising Advertising False Advertising Litigation 59

43(B)log

OCTOBER 9, 2023

Before it prevailed in the underlying patent litigation, Cap Export alleged that defendants disparaged Cap Export and its products as an infringer/infringing. The underlying patent litigation allegedly fraudulently induced Cap Export to enter into a $1.1 and to Amazon. Given the alleged bad faith, this sufficed.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

LexBlog IP

JULY 15, 2021

For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § ” But the existence of commercialism and website advertisements is not, and should not be, a death knell for a successful fair use defense.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

43(B)log

MARCH 9, 2022

A jury found that defendants had engaged in materially false or misleading advertising about the parties’ competing whale-watching-cruise business in violation of the Lanham Act, but the jury awarded $0 in actual damages. 7, 2022) Plaintiffs sued defendants for violating § 1125(a).

False Advertising 52

False Advertising Advertising Advertising Litigation 52

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. In re SoClean, Inc., Marketing, Sales Practices & Products Liab. 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

False Advertising 72

False Advertising Advertising Advertising Social Media 72

Technology & Marketing Law Blog

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. This argument has failed so many times.

False Advertising 63

False Advertising Advertising Advertising Marketing 63

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. So Appian got summary judgment on Pegasystems’ claim money damages for lost business.

Marketing 59

Marketing Marketing Business False Advertising 59

43(B)log

AUGUST 27, 2021

The stamps thus allegedly operate as powerful advertising, allowing Brazilian plywood companies to market their products as conforming to an important American safety standard. Google didn’t attest to anything about the locksmiths; it was like a building that rents space to business owners.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

APRIL 25, 2022

The plaintiffs alleged that the stamps themselves were “a powerful form of advertising because they allow the Brazilian plywood companies to market their products as conforming to an important American safety standard.” pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. You can get less damages than the cost of litigation, so the whole effort is unprofitable. The court says this lawsuit qualified: “LVSA litigated this case in an unreasonable manner.

Trademark 99

Trademark Advertising Advertising Litigation 99

43(B)log

JANUARY 19, 2022

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.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. Also, a press release that discussed separate litigation in Italy about who owned VSL#3’s bacterial strains, unfairly compared VSL#3 and Visbiome referred to plaintiffs’ “aggressive efforts to sell their competing, generic probiotic product.”

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

OCTOBER 6, 2021

In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., 17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. Sanofi argued that none of its advertisements or promotional materials made any of these assertions.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. For trademark owners, litigation was their main option. If employing trademarked phrases in keyword advertising confuses customers, there may be legal implications.

Trademark 86

Trademark Social Media Advertising Advertising 86

43(B)log

AUGUST 20, 2021

Indeed, the court distinguishes other cases as involving “direct harms to a business,” e.g., via allegedly misleading claims to consumers that the defendants provided independent/unbiased mattress reviews. What makes that “direct”? Well, deceived consumers withheld trade from plaintiffs.

Litigation 72

Litigation Advertising Advertising Business 72

43(B)log

AUGUST 12, 2021

Safelite counterclaimed for various business torts/CFAA violations. Safelite’s business focuses on “sale and installation of replacement windshields.” Safelite counterclaimed for trade secret theft not related to advertising. Safelite managed to kick out the Lanham Act claim for want of proximate cause.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Even though this is an obviously stupid legal theory that wasn’t worth anyone’s time or money, Edible turned to an Atlanta litigation boutique (shoutout to Bondurant Mixson & Elmore LLP!!!) More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. They could not.

IP 127

IP Advertising Advertising Trademark Law 127

Technology & Marketing Law Blog

AUGUST 30, 2023

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. The litigants directly compete. Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.”

Advertising 86

Advertising Advertising False Advertising Trademark 86

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

False Advertising 45

False Advertising Advertising Advertising Patent 45

Intepat

MAY 28, 2024

Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Apple’s multiple trademark oppositions and IP Litigation worldwide has become a part of its broader strategy to maintain exclusive rights to the “Apple” icon and term. In 2007, Apple Inc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

MAY 13, 2023

For more background on competitive keyword advertising by lawyers, see this article. May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?) 2023 WL 3340214 (W.D.

Law 92

Law Advertising Advertising False Advertising 92

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 79

Trademark Advertising Advertising False Advertising 79

Technology & Marketing Law Blog

MAY 22, 2023

This case involves two rival personal injury law firms in Arizona, one of which engaged in competitive keyword advertising against the other. May 18, 2023) More Posts About Keyword Advertising * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

Advertising 108

Advertising Advertising False Advertising Trademark 108

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. For background on the legal battles over keyword advertising by lawyers, see this article. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Adler PC v.

Advertising 83

Advertising Advertising False Advertising Trademark 83

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 99

Privacy Marketing Marketing Social Media 99