IP and Legal Filings

MAY 17, 2023

Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between this and comparative advertising. To prevent legal disputes, caution must be exercised to differentiate between the two.

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Selvam & Selvam Blog

JULY 20, 2021

In this day and age, internet is a powerful tool for advertising with limitless reach and keyword advertising is the most popular form of digital advertising. Google AdWords, Google’s flagship program that facilitates keyword advertising is no stranger to legal controversies. What are Keywords?

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Technology & Marketing Law Blog

MAY 13, 2023

This is another lawsuit between personal injury law firms over competitive keyword ads. The plaintiff is Nicolet Law, based in Hudson, Wisconsin with 14 offices in Wisconsin and Minnesota. However, note that Nicolet Law, a surname, isn’t registered with the USPTO and there may be questions about its secondary meaning.

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Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. So, what exactly is the trademark owner fighting for here? This is a bad ad buy by Allied, AND it’s a bad trademark enforcement decision by Porta-Fab. More Posts About Keyword Advertising.

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Technology & Marketing Law Blog

DECEMBER 19, 2021

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. More Posts About Keyword Advertising. The defense runs Luxy, a competitor. 1-800 Contacts v.

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JD Supra Law

APRIL 3, 2024

At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be discontinued. By: BakerHostetler

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Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Troia claimed that he did not use the LoanStreet trademark in commerce. However, the court points out that he referenced the trademark in keyword ads (the court cites Google’s upper-left labeling to reinforce the point), which normally would be a use in commerce. .” The court displays some of the ads: Use in Commerce.

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SpicyIP

JULY 13, 2021

We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Sangita is a 2nd year student at Gujarat National Law University and was the topper of the 2020 IP Talent Search Examination. Serious Comparative Advertising: Broadening the Definition.

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TorrentFreak

JULY 9, 2022

These VPN providers emphasize in advertisements that they delete their end users’ log access records so their identities will never be disclosed to copyright owners or law enforcement. “Downloading and sharing files via torrent is a violation of copyright law. It means that you may be punished by law.

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JD Supra Law

MARCH 28, 2023

Imagine owning a building in which you are renting out living space at your set prices and then coming across an advertisement that those same living spaces are available for a nightly, weekly, monthly or even annual fee. The scenario is actually playing out right now for many landlords. By: Thompson Coburn LLP

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43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

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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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43(B)log

MAY 13, 2024

The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law.

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JD Supra Law

AUGUST 31, 2021

Court of Appeals for the Second Circuit clarified the legal standing of trademark settlement agreements and upheld agreements prohibiting a competitor’s use of a trademarked term in keyword search advertising.

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The IPKat

APRIL 18, 2023

Google offers an advertising service called Dynamic Search Ads. However, instead of using a text from the advertiser, Google’s proprietary algorithm automatically generates the text, including the headline and landing page, from the advertiser’s website content. The Court applied by analogy the case law on keyword advertising.

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Trademark and Copyright Law Blog

APRIL 25, 2022

Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Advertising best practices and what not to say. Reed , Partner, Co-Chair, Trademark, Copyright & Unfair Competition Practice.

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IPilogue

NOVEMBER 15, 2022

Does this count as an artistic expression protected under First Amendment rights of expression and speech, or is it a trademark infringement upon a beloved fashion icon? Catching wind of the furry MetaBirkin NFTs, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the creator.

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SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. Image from here Smells like Luxury, Does it cost a Trademark Battle?

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SpicyIP

MAY 15, 2024

Malak is a third year law student from Rajiv Gandhi National University of Law, Punjab. The same could be said about Google’s Ads program wherein it seems to have successfully charted through the trademark laws to smoothly bypass them in allowing firms to bid for their competitor’s trademark as a keyword for their advertisement.

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43(B)log

JULY 19, 2023

17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., 19-662-CFC, 2023 WL 4561059 (D. Natera made superiority claims for its Prospera.

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43(B)log

MARCH 21, 2024

The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law.

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SpicyIP

AUGUST 25, 2021

student at Amity University (School of Law), Kolkata. Domex Advertisement: Product Disparagement or Nominative Fair Use? Advertising is an important factor in deciding a product’s future success. Legal Position on Comparative Advertisement. The advertising of one’s own goods is not prohibited.

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The IP Law Blog

APRIL 14, 2023

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

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Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. Trademark and Halloween Costumes. Bottom Line.

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Trademark Copyright Cease and Desist Copying 243

Intepat

MAY 29, 2024

Registering a trademark involves navigating various procedures and submitting several documents to the Trademark Registry. Trademark applications can be filed under two primary categories: “Claiming User Date” and “Proposed to be Used.”

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The IP Law Blog

APRIL 13, 2023

A dispute has emerged between the NFL, the Las Vegas Raiders, and the Dimopoulos Law Firm over the NFL and the Raiders threatening to sue the firm for trademark infringement. The law firm claims it has been using a black and silver color scheme to promote its services since its inception in 2012.

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The IPKat

APRIL 23, 2022

Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. 16 of 11 March 2020 ('Law-Decree No. 16/2020'), converted with amendments, by Law No.

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IP Tech Blog

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

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Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. seriously, are you still posting THERE???)

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LexBlog IP

AUGUST 17, 2021

Considering whether trademark owners can enter into settlement agreements that restrict the parties’ search advertising without violating U.S. antitrust laws, in 1‑800 Contacts, Inc. FTC, the Second Circuit held the restrictions permissible. § 45(a)(1). § 45(a)(1). Read more.

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IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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LexBlog IP

APRIL 14, 2023

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

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Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. The product was trademark-protected.

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JD Supra Law

APRIL 14, 2023

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

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IP and Legal Filings

MARCH 15, 2023

The company aims at highlighting the qualities of the products through advertisements which thereafter becomes an advertisement campaign which build the market identity of the product. The advertisements require a lot of brainstorming in highlighting the distinctive characteristics of the product and build its uniqueness.

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43(B)log

APRIL 18, 2023

10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade dress of their Locator product suite. Zest also argued that ZimVie’s state law claims were barred by California’s anti-SLAPP statute.

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LexBlog IP

NOVEMBER 7, 2022

Seyfarth Shaw is a Law Master Sponsor for the 2022 ANA Masters of Advertising Law Conference, the biggest advertising, marketing, and promotion law conference in the nation. Seyfarth’s topics include: Advertising Litigation Developments. On Thursday, November 10 at 11:05 a.m.

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