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Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular

Technology & Marketing Law Blog

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. 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. None of the clicks led to sales.

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Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

Technology & Marketing Law Blog

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. And how can consumers be “diverted” with the ad copy accurately previewed what consumers could expect to get at the link terminus? That’s what gripers do.

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Filmmakers Sue VPN for Promoting Piracy & Advertising on YTS

TorrentFreak

Several of these lawsuits have ended in settlements, where some VPNs services agreed to block notorious pirate sites or BitTorrent traffic on US-based servers. While not all VPN services are bad apples, VeePN is allegedly using pirates’ fear of getting caught as a marketing strategy.

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

Technology & Marketing Law Blog

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. ” Marketing channel. Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.”

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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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Internal Search Results Aren’t Trademark Infringing–PEM v. Peninsula

Technology & Marketing Law Blog

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.

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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’”