43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” It was not enough to allege that the marketing materials were “misleading as to his present involvement.” Thus, the false advertising claim would be dismissed. The allegations related to the use of “M.D.” Hawrych” and “Dr.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

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.

Advertising 81

Advertising Advertising False Advertising Trademark 81

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 ).

Trademark 77

Trademark Advertising Advertising False Advertising 77

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 105

Advertising Advertising Settlement Trademark 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. 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 ?

Trademark 98

Trademark Advertising Advertising Litigation 98

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to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago).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

MARCH 13, 2022

.” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

Trademark 79

Trademark Advertising Advertising Settlement 79

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. ” [This is the most coveted payload for trademark owners.

Trademark 135

Trademark False Advertising Advertising Advertising 135

SpicyIP

MARCH 10, 2024

In their written statement, the Defendants claimed distinctions between the marks and denied any unlawful activities, asserting that their trademark application for ‘NOVYA’ covered a broader range of goods, and commercial activities had not yet commenced.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

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. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

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.

Advertising 107

Advertising Advertising False Advertising Trademark 107

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” This justification is at least consistent with the core idea of trademark law. New Life Art, Inc., 3d 1266 (11th Cir.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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 106

Trademark Advertising Advertising Settlement 106

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 98

Advertising Advertising Trademark Settlement 98

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!) Facebook , Nos.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

SpicyIP

DECEMBER 30, 2023

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. Meticulous Market Research Pvt. Bolt Technology v. First, in Toyota v. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

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. Book project: how do we reconcile that with our intuitions about markets and distributive justice? A few say that you can’t use marketing messages other than what they approve.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

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

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. Past work on how people walk around in a fog of confusion: Jacob Jacoby did this work in the 1980s—20% of people misunderstand any given factual claim in advertising!

Trademark 72

Trademark Marketing Marketing Advertising 72

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage.

IP 94

IP Trademark Advertising Advertising 94