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

Technology & Marketing Law Blog

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. Troia claimed that he did not use the LoanStreet trademark in commerce. 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.

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Preventing Trademark Infringement or Stifling Healthy Competition? A Look at 1-800 Contacts and its Keyword Advertising Battle

LexBlog IP

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

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The SAD Scheme as an Institutional Failure

Technology & Marketing Law Blog

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

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Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. McNeil

Technology & Marketing Law Blog

It bids on the Adler trademarks for “click-to-call” keyword ads. The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” ” Adler sued for trademark and related claims. More Posts About Keyword Advertising. Distraction is insufficient.

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Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Groupon

Technology & Marketing Law Blog

Amazon case is “directly on point and forecloses Plaintiff’s ability to bring this claim as a matter of law.” ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Amazon ruling. 1-800 Contacts v. Greenberg v.

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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute.

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SpicyIP Weekly Review (February 6- February 12)

SpicyIP

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark.

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