Advertising Confidentiality False Advertising Litigation 
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.”
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.”
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Technology & Marketing Law Blog
NOVEMBER 28, 2022
To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. LoanStreet v.
Technology & Marketing Law Blog
DECEMBER 19, 2021
You can see Seeking Arrangements’ ad (highlighted) showing above Luxy’s own ad and mixed in with ads for unrelated products: The court says: Plaintiffs’ advertisement does not contain the word “Luxy” or appear to cause any more confusion than the other three advertisements. More Posts About Keyword Advertising.
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.
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.
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.”
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