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. Nor can it be said to show that Defendants’ marketing strategy made confusion likely. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v.

Advertising 109

Advertising Advertising False Advertising Trademark 109

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? However, the results are consistent with each other.

Trademark 81

Trademark Advertising Advertising False Advertising 81

The TTABlog

APRIL 18, 2024

Turning to the second DuPont factor, the similarity of the goods, opposer argued that the involved goods are related because tobacco products and alcohol are "complementary" in that they are marketed together for "simultaneous consumption."

Registration 44

Registration Advertising Advertising Marketing 44

Trading Secrets

FEBRUARY 5, 2024

In 2017, Life Spine entered into various agreements with Aegis by which Aegis would sell and distribute ProLift devices while maintaining as confidential all proprietary information related to the devices. Aegis is a medical device manufacturer and distributor headquartered in California.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

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 85

Advertising Advertising False Advertising Trademark 85

Technology & Marketing Law Blog

FEBRUARY 16, 2022

More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

IP 129

IP Advertising Advertising Trademark Law 129

LexBlog IP

FEBRUARY 5, 2024

In 2017, Life Spine entered into various agreements with Aegis by which Aegis would sell and distribute ProLift devices while maintaining as confidential all proprietary information related to the devices. Aegis is a medical device manufacturer and distributor headquartered in California.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

IP and Legal Filings

NOVEMBER 6, 2022

As a result, the sector works closely with various performers, artists, authors, publishers, production companies, record labels, online content providers, broadcasters, advertising, distributors, etc. Or whether the agencies should be provided royalties for the same if the idea is used for marketing purposes after their contract has ended?

Ownership 52

Ownership Intellectual Property IP Contracts 52

Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers.

Advertising 107

Advertising Advertising Settlement Trademark 107

Technology & Marketing Law Blog

AUGUST 17, 2021

However, “[b]ecause meta tags direct internet traffic and are invisible to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). What are “marketing rights”??? Distraction is insufficient.

Advertising 105

Advertising Advertising Trademark Settlement 105

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. Now he’s helping out by helping build out defense-side keyword advertising precedents. More Posts About Keyword Advertising. * How extensively do they discuss the risks?

Trademark 101

Trademark Advertising Advertising Litigation 101

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Marketing channels. Plus, does this mean that rival apps can’t advertise themselves as rivals or engage in comparative advertising because the app stores aren’t properly labeling the ads, even if the advertisers are engaging in nominative use? More Posts About Keyword Advertising. Purchaser care.

Advertising 101

Advertising Advertising Trademark Settlement 101

TorrentFreak

FEBRUARY 24, 2023

After thriving in what was once a localized traditional market, Japanese comics known as ‘manga’ took the world by storm. Publishers and authors could only watch as their work fueled a huge but unlicensed black market. These red lines may never be overcome but more immediate issues already have universal support.

Publishing 121

Publishing Advertising Advertising Music 121

Indiana Intellectual Property Law

FEBRUARY 23, 2023

As employees of MaddenCo, both Reed and Darby executed a Confidentiality Agreement wherein they agreed to not disclose any confidential information or material of MaddenCo or its subsidiaries. Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

SpicyIP

APRIL 17, 2023

The court held that since it does not have the statistical data regarding market presence of other pharmaceutical compounds, the brand names that ends with “Dex” and when one removes from the cited examples the products containing dexamethasone and dextromethorphan, the remaining examples cannot make out a case u/s 17(2).

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Technology & Marketing Law Blog

MARCH 13, 2022

More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

Trademark 82

Trademark Advertising Advertising Settlement 82

Technology & Marketing Law Blog

JUNE 29, 2022

This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. More Posts About Keyword Advertising. Keyword Ads. Proximity of goods.

Trademark 108

Trademark Advertising Advertising Blogging 108

Technology & Marketing Law Blog

JANUARY 26, 2024

Restrictions on advertising vegan products as meat survives First Amendment challenge because the court accepts the state’s interpretation that it only applies to “misleading” marketing, which the court says is outside the First Amendment. Strain, No. 22-30236 (5th Cir. In re Arthur J. Houston v.

Social Media 74

Social Media Privacy Advertising Advertising 74

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. This was a specific and measurable advertisement claim of product superiority based on product testing and not puffery. Defendant Marble is Issuance’s co-founder and chief executive officer.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

Technology & Marketing Law Blog

MARCH 29, 2022

Forge of Empires appeared first on Technology & Marketing Law Blog. March 28, 2022). The post Section 230 Preempts Game User’s Lawsuit Over Game Moderators’ Behavior–Quinteros v.

Contracts 115

Contracts Advertising Advertising Confidentiality 115

LexBlog IP

OCTOBER 27, 2022

From the perspective of online platforms, Part 4 and Part 5 will be of key importance as they impose new obligations on platform providers to (i) ensure transparency in respect of online political advertising on their services; and (ii) to notify/take action in respect of dis/misinformation relating to online electoral processes on their services.

Advertising 40

Advertising Advertising Confidentiality Technology 40

43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. False advertising: The comments about Route were opinion and not actionable under the Lanham Act.

False Advertising 45

False Advertising Contracts Advertising Advertising 45

LexBlog IP

OCTOBER 5, 2021

Life Spine contracted with Defendant Aegis Spine to distribute the device only to medical facilities nationwide and to keep Life Spine’s confidential information secret and use the confidential information only in furtherance of the business relationship.

Confidentiality 52

Confidentiality Patent Contracts Intellectual Property 52

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Plaintiff (dba Whisker) sued defendant (dba Smarty Pear), its competitor in the market for automated, self-cleaning litter boxes. Automated Pet Care Prods., Purlife Brands, Inc.,

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

FEBRUARY 15, 2022

Boost alleged that Woo engaged in a scheme to gain access to Boost’s confidential information and thereby replicate its beauty product. Plaintiff’s and defendant’s principals were roommates, which allegedly gave defendants the opportunity to copy despite an oral confidentiality agreement, on which the court denied summary judgment.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

Dragons' Den

FEBRUARY 16, 2023

Alex explained that his company’s algorithm takes an artist’s data and then turns it into targeted and practical marketing. For example, trade secret protection might be considered to protect confidential information or know-how which has some commercial value. But was his performance in the Den as impressive?

Designs 52

Designs Design Music Invention 52

43(B)log

JUNE 15, 2022

19, 2022) The parties compete in the market for energy drinks. VPX (Vital) makes BANG, which now contains creatyl-l-leucine (CLL), “a novel ingredient marketed under the trademark ‘Super Creatine.’ … Defendants claim that CLL is more stable and more bioavailable than other forms of creatine.”

False Advertising 59

False Advertising Advertising Advertising Contracts 59

LexBlog IP

JANUARY 16, 2023

These include, among others, the use to take decisions that may be detrimental to a natural person or the use for advertising or marketing.

Intellectual Property 52

Intellectual Property Confidentiality Business Advertising 52

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

SpicyIP

DECEMBER 30, 2023

However, in case such a use does amount to an infringement, the Court clarified that Google, the concerned platform here, will be held accountable and will not be able to claim protection as an intermediary under Section 79 of the IT Act since it effectively sells these marks to the advertisers. Meticulous Market Research Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

FEBRUARY 5, 2024

According to rule 5 of the Companies (Appointment of Directors) Rules, 2014, an ID must have relevant abilities, knowledge, and experience in at least one of his main areas of expertise, which may include law, management, marketing, sales, and other disciplines linked to the firm.

Government 76

Government Business Reporting Confidentiality 76

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Sometimes marketing departments and independent divisions spin out valuable intellectual property assets that, for one reason or another, never made it past the desk of general counsel or a responsible executive.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Trading Secrets

JUNE 3, 2022

The defendant former employee was provided access to plaintiff’s confidential information during employment, including strategies on how to secure winning bids and information about plaintiff’s existing and potential clients. In the past, plaintiff had won about 75 percent of the bids it submitted for a specific client. 4th 531 (7th Cir.

Law 59

Law Confidentiality Designs Design 59

Kashishipr

OCTOBER 13, 2021

The content disclosed within the provisional application is kept confidential until the complete disclosure is made. This additional period can be utilized to plan the introduction of the invention in the market or against any opposition that is anticipated. The same would mean securing billions’ worth of cash.

Patent Application 105

Patent Application Patent Inventor Invention 105

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Well, this wraps up our Octobers’ sift.

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

MAY 28, 2022

these features demonstrate that craigslist materially contributed to the advertisements L.H.’s Marriott appeared first on Technology & Marketing Law Blog. The plaintiff’s. The plaintiff’s. According to L.H., s traffickers posted of her on the platform. The court says this is not enough to get around Section 230.

Blogging 112

Blogging Publishing Confidentiality Editing 112

SpicyIP

DECEMBER 17, 2023

Dabur India Limited vs Mi Lifestyle Marketing Global Pvt. Therefore, the court granted an interim injunction restricting the defendant from using any confidential information or course materials allegedly obtained during their employment with the Petitioner, and from contacting the Petitioner’s clients for competitive purposes.

IP 59

IP Trademark Advertising Advertising 59