Technology & Marketing Law Blog

FEBRUARY 16, 2022

Even though this is an obviously stupid legal theory that wasn’t worth anyone’s time or money, Edible turned to an Atlanta litigation boutique (shoutout to Bondurant Mixson & Elmore LLP!!!) More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. They could not.

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IP Advertising Advertising Trademark Law 126

Technology & Marketing Law Blog

AUGUST 30, 2023

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. The litigants directly compete. Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.”

Advertising 85

Advertising Advertising False Advertising Trademark 85

Technology & Marketing Law Blog

JANUARY 8, 2024

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? Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 77

Trademark Advertising Advertising False Advertising 77

43(B)log

DECEMBER 16, 2022

15, 2022) The court of appeals reversed summary judgment in favor of an insurer, and ordered partial summary judgment for the insured, on the duty to defend in underlying litigation based on advertising injury coverage for trade dress infringement (depicting allegedly infringing products) in the insured’s advertising.

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Advertising Advertising False Advertising Intellectual Property 59

43(B)log

AUGUST 27, 2021

After a settlement with one defendant, the two remaining defendants “are the sole licensors of the PS 1-09 stamp to 36 Brazilian plywood mills that export structural plywood to the United States.” As for the contributory false advertising claim, it too was well pled. Plaintiffs brought negligence and Lanham Act claims.

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False Advertising Advertising Advertising Business 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. For background on the legal battles over keyword advertising by lawyers, see this article. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Adler PC v.

Advertising 81

Advertising Advertising False Advertising Trademark 81

Trading Secrets

FEBRUARY 5, 2024

Litigation continued for years, with Aegis raising unsuccessful counterclaims. On December 20, 2023, the parties filed a stipulated settlement agreement by which judgment would be entered in Life Spine’s favor, and Aegis would pay $8,000,000 to Life Spine by June 1, 2026.

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Confidentiality Settlement Advertising Advertising 52

LexBlog IP

FEBRUARY 5, 2024

Litigation continued for years, with Aegis raising unsuccessful counterclaims. On December 20, 2023, the parties filed a stipulated settlement agreement by which judgment would be entered in Life Spine’s favor, and Aegis would pay $8,000,000 to Life Spine by June 1, 2026.

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Confidentiality Settlement Advertising Advertising 52

Technology & Marketing Law Blog

JANUARY 12, 2022

Since the resolution of that litigation, click fraud issues have largely faded into the background, flaring up only occasionally. ” For standing purposes, it doesn’t matter that he still advertises through AdWords. So it’s a nostalgic kick to blog a pure click fraud ruling in 2022. Commonality. ” Typicality.

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Advertising Advertising Settlement Blogging 82

Technology & Marketing Law Blog

JULY 25, 2021

More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Perfect Body Image. * The Florida Bar Regulates, But Doesn’t Ban, Competitive Keyword Ads. * Rounding Up Three Recent Keyword Advertising Cases–Comphy v. Google cases. Want to Engage in Anti-Competitive Trademark Bullying? Greenberg v.

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Advertising Advertising Settlement Trademark 105

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Teami ($15 million settlement, all but $1 million suspended), where there were other bad things like fighting cancer claims and also nondisclosure by influencers like Cardi B.

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Advertising Advertising Law Privacy 40

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). More Posts About Keyword Advertising. Distraction is insufficient. OK, I guess.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

MARCH 13, 2022

More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

Trademark 79

Trademark Advertising Advertising Settlement 79

The IPKat

FEBRUARY 21, 2024

The book examines how the advertising, merchandising, film and television, and sports video-games industries use persona as a key component of their products. In the UK…they often go beyond what is legally required in terms of seeking permission to use persona, or pay little head to the Advertising Codes. The code can be found below.

Television 67

Television Social Media Advertising Advertising 67

Technology & Marketing Law Blog

MARCH 8, 2024

As a super-notice, it can produce cash payouts from settlements or default judgments (which are enforced against the cash held at the online marketplace, so they have actual value). As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

BYU Copyright Blog

SEPTEMBER 6, 2021

To support both of these claims, Lehren purports that, “after a reasonable opportunity for further investigation or discovery there is likely to be further evidence that Plaintiff’s has purchased on-line advertising specifically aimed at competitors with the intention of getting competitors to copy the Plaintiff’s material.”

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Copying Fair Use Advertising Advertising 52

LexBlog IP

MAY 24, 2023

Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. million to “record and broadcast advertisements by their Radio Personalities endorsing the Pixel 4.”

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Advertising Advertising Settlement Copying 52

LexBlog IP

MARCH 18, 2022

The Federal Trade Commission (FTC) has a long history of addressing issues involving cigarettes and tobacco, often in the advertising context. Indeed, one of us bloggers started at the FTC in 1998, and the first case he worked on was the agency’s litigation against R.J. More information and the report are available here.

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Reporting Advertising Advertising Settlement 52

IP Watchdog

JULY 25, 2023

The laundry list of accusations also included trademark dilution, false advertising, common law unjust enrichment, common law tortious interference with contract, and breach of settlement agreement.

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False Advertising Settlement Contracts Advertising 40

LexBlog IP

SEPTEMBER 21, 2022

A few weeks ago, we wrote about an interesting development in what had been a fairly standard Federal Trade Commission (FTC) Made in the USA (MUSA) settlement. The company and its owner filed a motion to get out of its settlement and to make the FTC change its press release, which, among other things, accused the company of “ lying.”.

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Settlement Government Marketing Marketing 52

LexBlog IP

AUGUST 30, 2022

” Well, some folks most definitely disagree when a whole settlement potentially is tanked over a press release. “Lying” is a pretty strong word to see in a headline announcing a settlement of a MUSA case. (If It is certainly not the first time there has been litigation against the FTC based on a press release.

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Settlement Marketing Marketing Advertising 52

IP and Legal Filings

FEBRUARY 15, 2022

The cause of action in the original suit was the alleged breach of a settlement with the plaintiff, caused by the defendant’s continued use of the plaintiff’s trademark in advertisements on the big search engine. The defendant in their motion of attorney’s fees argued that the plaintiff unreasonably litigated the case.

Litigation 61

Litigation Advertising Advertising Settlement 61

Traverse Legal Blog

SEPTEMBER 15, 2023

This surge is not limited to Meta alone; it extends to any organization that employs these technologies for data collection and targeted advertising. A pixel tool is a small piece of code embedded into the HTML of a website designed to measure user interactions and provide online advertising. The cost of inaction is simply too high.

Cease and Desist 52

Cease and Desist Privacy Litigation Technology 52

43(B)log

MARCH 1, 2022

The tweets don’t reproduce enough of the work to substitute for it, and, “[i]f anything, the properly attributed quotation of a short passage from Winning Isn’t Normal might bolster interest in the book; it is free advertising.” The fact that he extracted settlements from alleged infringers does not a real market make.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

IP and Legal Filings

OCTOBER 26, 2023

Post serving such notice the small entity is forced for settlement because getting into a legal battle would be a disadvantageous step financially. Off late these instances of trademark bullying has been a concern and persistent problem in many countries with large entities targeting the small enterprises just for the sake of business gains.

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Cease and Desist Trademark Registering Trademarks Business 99

TorrentFreak

DECEMBER 26, 2022

In addition, advertising companies and payment processors help to cut off revenue to pirate sites and services, when appropriate. “We will also pursue litigation, where it is known to be effective in reducing piracy and increasing legitimate consumption of content,” Van Voorn concludes. all over the globe. .

Cease and Desist 126

Cease and Desist Government Confidentiality Settlement 126

LexBlog IP

SEPTEMBER 15, 2023

This surge is not limited to Meta alone; it extends to any organization that employs these technologies for data collection and targeted advertising. A pixel tool is a small piece of code embedded into the HTML of a website designed to measure user interactions and provide online advertising. The cost of inaction is simply too high.

Cease and Desist 52

Cease and Desist Privacy Technology Litigation 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. As a result, we’ve seen very, very few successful 512(f) enforcements.

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Registration Fair Use Copyright Designs 110

Technology & Marketing Law Blog

FEBRUARY 12, 2024

The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” If I were the lower court judge, seeing Philpot taking this case on appeal for a $3 article rather than working towards a reasonable settlement, there is no way I would award him attorneys’ fees.

Fair Use 87

Fair Use Licensing Copyright Marketing 87

TorrentFreak

APRIL 6, 2023

Until now, Plaintiffs’ modus operandi has been to file John Doe lawsuits in the hope of securing quick settlements and to dismiss them at the slightest resistance,” they wrote. The court doesn’t rule on the merits yet but notes that the filmmakers’ arguments are good enough to move the case forward.

Copyright Infringement 103

Copyright Infringement Copyright IP Reporting 103

LexBlog IP

SEPTEMBER 2, 2022

In fact, the individual who provided the fake reviews entered into a settlement of the case against him for $100,000 at the same time the lawsuit was filed. While the Roomster case is proceeding as a civil action, many state false advertising and unfair business practices laws also provide for potential criminal penalties.

False Advertising 52

False Advertising Settlement Publishing Law 52

TorrentFreak

APRIL 29, 2022

LaBossiere comes out swinging, reminding the court that after eight years of Department of Justice litigation, a massive judgment against DISH put the company into financial turmoil. billion dollar company will stop at nothing to bully people into settlements to help its bottom line.”

Television 59

Television Licensing Branding Brands 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. No earlier than July 31, 2023 per settlement.

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Settlement Litigation Marketing Marketing 52

Technology & Marketing Law Blog

JULY 18, 2023

This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. This leaves us with a rather deep split of authorities.

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Blogging Contracts Copyright Law Copyright 90

LexBlog IP

APRIL 12, 2022

The authority that the FTC is using here is set forth in Section 5(m)(1)(B) of the FTC Act, and the agency can only obtain civil penalties if it can show that the target had “actual knowledge” that the practices had previously been deemed deceptive or unfair by the FTC in litigated administrative decisions.

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Settlement Copying Marketing Marketing 52

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

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Trademark Registration Copyright Patent 59

LexBlog IP

JANUARY 10, 2022

Before doing that, the statute requires the agency to send the penalty complaint (and settlement, if one exists) to the Department of Justice, and the DOJ then has 45 days to either file the case itself or return it to the FTC for prosecution. Now procedurally, the FTC generally cannot just run into federal court to seek penalties.

Settlement 52

Settlement Blogging Privacy Law 52