IP Law 360

MARCH 10, 2023

The International Trademark Association has warned the Federal Circuit to be wary of restricting false advertising claims under federal trademark law in certain circumstances, arguing that a lower court decision involving footwear company Crocs wasn't clear.

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False Advertising Trademark Law Advertising Advertising 40

43(B)log

FEBRUARY 17, 2022

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. You can find out more here: [link].

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Advertising Advertising False Advertising Marketing 80

The IP Law Blog

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Goldsmith The U.S.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

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. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. For background on the legal battles over keyword advertising by lawyers, see this article.

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Advertising Advertising False Advertising Trademark 82

43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” Thus, the false advertising claim would be dismissed. False advertising law has a much more structured way of accounting for implications than trademark law does.

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False Advertising Advertising Advertising Registering Trademarks 59

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

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Advertising Advertising False Advertising Trademark 86

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

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Trademark Advertising Advertising False Advertising 78

IP and Legal Filings

MAY 13, 2023

As a result, interim orders in trademark infringement cases have become somewhat standardized. However, even in areas of the law that are not fully developed, it is crucial to indicate the legal basis for an order, even if briefly, as this requirement should not be sacrificed for the sake of judicial expediency. In Gautam Gambhir v.

Personality Rights 83

Personality Rights Privacy Trademark Law False Advertising 83

43(B)log

MAY 16, 2022

To the extent [the Board’s] appeal attempts to improperly use trademark laws to block the expression of negative views about the university and its administration, such efforts fail.” Nor did it err in its false advertising analysis, which requires likely deception of reasonable consumers.

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False Advertising Advertising Advertising Trademark Law 72

43(B)log

JANUARY 27, 2023

Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book. Was this literally false?

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Derivative Work False Advertising Advertising Advertising 75

43(B)log

OCTOBER 11, 2023

“While Plaintiffs seek prospective relief, they have provided the Court with no basis from which it can infer any possibility of an ongoing violation of federal law.” For trademark, any request was moot since the law requiring the sale of license plates and license labels expired by its own terms on December 31, 2022.

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Licensing False Advertising Advertising Advertising 49

43(B)log

FEBRUARY 16, 2023

There’s also a law firm involved (the Pilson defendants). Even without standing, Jones failed to state a claim for false association or false advertising. He failed to allege a “valid, protectable trademark.” OK, but isn’t inherent distinctiveness a question of law?

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False Advertising Trademark Registration Advertising 87

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 have a court declare your trademarks weak or invalid so they are less valuable than when you started. More Posts About Keyword Advertising. * Should we say ?

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Trademark Advertising Advertising Litigation 99

Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims. Distraction is insufficient. OK, I guess. Case citation : Jim S.

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Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

JULY 25, 2021

The plaintiff is represented by Browne George Ross, the same law firm that brought the unsuccessful Prager U v. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Want to Engage in Anti-Competitive Trademark Bullying? June 7, 2021). YouTube , Divino v. Google , and Newman v.

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Advertising Advertising Settlement Trademark 106

Technology & Marketing Law Blog

MARCH 13, 2022

The record may likewise show that consumers sometimes mistakenly seek to redeem vouchers for other skydiving companies with LVSA… as a matter of law, a reasonably prudent consumer in this marketplace is unlikely to be confused as to the origin of the service offered. More Posts About Keyword Advertising. Groupon, Inc.

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Trademark Advertising Advertising Settlement 80

Erik K Pelton

DECEMBER 20, 2022

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

SEPTEMBER 7, 2021

She allegedly falsely represented that she was authorized to deliver Londra’s “recording artist and songwriting services. Big Ligas sued for tortious interference and for false advertising and trademark infringement under the Lanham Act. False advertising: “That Ms.

False Advertising 59

False Advertising Fair Use Advertising Advertising 59

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

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Social Media False Advertising Advertising Advertising 49

43(B)log

OCTOBER 7, 2021

Comment: trademark law bounces rather casually between normative and empirical understandings of the reasonable consumer. These cases provide great evidence that false advertising law does so as well.] Why disregard the survey? The survey couldn’t change what reasonable consumers would understand.

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False Advertising Advertising Advertising Trademark Law 45

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Because the bill makes it impossible for online marketplaces to avoid contributory trademark liability, this bill will drive most or all online marketplaces out of the industry. In other words, the law will produce outcomes that are directly opposite to what we want from Congress.

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Trademark False Advertising Advertising Advertising 136

SpicyIP

MARCH 10, 2024

Kevin is a second-year law student at NLSIU Bangalore. Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

43(B)log

FEBRUARY 15, 2022

24, 2021) A rare case finding no violation of the right of publicity or trademark law from an allegedly false endorsement based on lack of harm. Benefit to the defendant, the court says, is not itself harm to the plaintiff—see also this recent Note on trademark standing by my former student Lauren Bilow. HomeAdvisor, Inc.,

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Advertising Advertising Business Reporting 52

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Title may seem surprising b/c Dogan advocated for TM use to distinguish b/t secondary and direct liability in TM law.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

APRIL 17, 2023

The court dismissed most of Quincy’s claims (counterfeiting, trademark infringement, and false designation of origin) except for false advertising—a rare (and conceptually sound) approach that other, non-default cases could benefit from. But the unauthorized sale of a genuine product does not violate trademark law.

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False Advertising Advertising Advertising Trademark 45

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. Instead, the court says that any actual confusion evidenced by the call logs was de minimis as a matter of law. The court dismisses the lawsuit on summary judgment. clickthrough rate.

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Advertising Advertising False Advertising Trademark 107

43(B)log

DECEMBER 1, 2022

Although “third parties have used Flora-Bama in the titles of third parties’ artistic works with Plaintiffs’ oral or written permission,” that doesn’t make this a title-v-title case: Basic trademark law demonstrates why. This justification is at least consistent with the core idea of trademark law.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Olartemoure Blog

FEBRUARY 8, 2023

It is commonly used in trademark law and derives its authority from the First Amendment of the U.S. The plaintiff was the performer Ginger Rogers against the producers and distributors of the film “Ginger and Fred” for creating a false impression of her involvement in the production. Constitution.

False Advertising 59

False Advertising Intellectual Property Trademark Trademark Law 59

Technology & Marketing Law Blog

JUNE 29, 2022

misinterpreted the law of competitive keyword ads for many, many years. 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.

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Trademark Advertising Advertising Blogging 106

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

But trademark plaintiffs and judges are still partying like it’s 1999. The plaintiff is Seeking Arrangements, one of my favorite websites to base my Internet Law exams on. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Greenberg v.

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Advertising Advertising Trademark Settlement 99

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Section 230(e)(2) says “Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property,” so IP lawsuits over third-party content are not preempted by Section 230. Legal Background. Section 230(c)(1) says websites aren’t liable for third-party content. See, e.g., Ripple v.

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Intellectual Property Trademark Marketing Marketing 133

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Another judgement pertaining to personality rights was passed by the Delhi High Court on July 11, in Krishna Kishore Singh v. Bolt Technology v. First, in Toyota v.

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IP Copyright Trademark Intellectual Property 124

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

LexBlog IP

FEBRUARY 1, 2023

(Again, what follows is from my head and hand because my request to ChatGPT to summarize holding and analysis of Rogers got the e-equivalent of a sheepish attempt to “pass” on the question from the visiting law prof ). ’” The Supreme Court used the First Amendment to preclude state law claims against the magazine).

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Trademark Intellectual Property Branding Brands 52

43(B)log

FEBRUARY 3, 2023

We can make things excludable through tech and law, making things that previously looked like public goods providable by private markets. Background: Erie marks transition from era of legal formalism to realism; one of the reasons we have the Lanham Act, since Erie invalidated the federal common law of trademarks.

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False Advertising Trademark Advertising Advertising 45

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. What would it mean if we said TM law is primarily concerned with promoting competition: what would a survey look like for infringement? Would secondary meaning surveys change?

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Trademark Marketing Marketing Advertising 72

43(B)log

OCTOBER 4, 2021

This change in the ease of getting relief interacts with the substantive scope of TM law in ways that may prove challenging. For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising.

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IP Trademark Advertising Advertising 94