43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. 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.

Advertising 80

Advertising Advertising False Advertising Marketing 80

Technology & Marketing Law Blog

MARCH 8, 2024

[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.

Trademark Law 103

Trademark Law Trademark IP Blogging 103

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges.

Trademark 85

Trademark Social Media Advertising Advertising 85

Canadian Intellectual Property Blog

JUNE 22, 2022

First, only non-French registered trademarks will be exempt and not need to be translated into French. applied-for or common law) English trademark will need to be accompanied by its French equivalent on commercial advertising and public signage. As such, an unregistered (i.e.,

Trademark Law 52

Trademark Law Trademark Law Registering Trademarks 52

Technology & Marketing Law Blog

MAY 13, 2023

Kudos to Nicolet Law for surviving the motion to dismiss, but I’m wondering if it will ultimately regret filing this lawsuit–either because its trademark gets busted or because it made a federal case out of nothing. For more background on competitive keyword advertising by lawyers, see this article. LoanStreet v.

Law 96

Law Advertising Advertising False Advertising 96

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.

Advertising 90

Advertising Advertising False Advertising Trademark 90

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 84

Trademark Advertising Advertising False Advertising 84

Patently-O

JULY 19, 2023

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. It is common for litigation to assert both. The straggler here is the right of publicity, often termed Name Image & Likeness or NIL rights.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

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 87

Advertising Advertising False Advertising Trademark 87

Technology & Marketing Law Blog

JULY 25, 2021

More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Want to Engage in Anti-Competitive Trademark Bullying? 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.

Advertising 109

Advertising Advertising Settlement Trademark 109

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 84

Trademark Advertising Advertising Settlement 84

SpicyIP

AUGUST 20, 2023

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. He graduated from National Law University, Jodhpur and then pursued a masters in law from Harvard Law School. However, the infringement inquiry doesn’t end with a finding of “use”.

Advertising 97

Advertising Advertising Trademark Branding 97

BYU Copyright Blog

OCTOBER 25, 2021

LTF provided evidence of a current version of the bulldog, in use since 2008, along with a copyright registration and a trademark registration for the Bulldog. Bel-Mac allegedly uses its Bulldog logo on apparel, cups, and other products as well as advertisements such as billboards and its website.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 52

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. Simply owning a costume doesn’t mean that you own the copyright to the character or the trademark to their name and appearance. Copyright and Halloween Costumes.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

IP and Legal Filings

OCTOBER 26, 2023

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. Legal Position In India In India a viable resolution against baseless legal threats is encapsulated in Section 142 [2] of the Trademark Act, 1999.

Cease and Desist 96

Cease and Desist Trademark Registering Trademarks Business 96

Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. The expense of litigation may chill speech. by guest blogger Lisa P.

Blogging 107

Blogging Trademark Fair Use Trademark Law 107

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 26, 2021

Fish & Richardson has been recognized as a top national trademark law firm for the 11 th consecutive year by World Trademark Review ( WTR ) 1000. Cynthia Johnson Walden (Massachusetts and nationally in the enforcement and litigation and prosecution and strategy categories). Debra Serota (Massachusetts).

Trademark 40

Trademark Due Diligence Intellectual Property Litigation 40

IPilogue

AUGUST 19, 2021

During her time as a trademark law professor at Drake University, Shontavia Johnson wrote that she believed the laws created solely to protect the Olympics had been stretched too far. Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

SpicyIP

SEPTEMBER 28, 2023

Image from here Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising Nivrati Gupta “New technologies give us new opportunities, but they all raise the question: How do old, familiar laws apply?” Views expressed here are those of the author’s alone.

Advertising 110

Advertising Advertising Trademark Marketing 110

Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. The dispute is interesting in many ways–especially the fact that it’s been this heavily litigated.

Social Media 103

Social Media Ownership Branding Brands 103

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. The Difficulty Faced in Proving Secondary Meaning.

Trademark 52

Trademark Designs Design Marketing 52

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

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

The TTABlog

AUGUST 30, 2023

If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'"

Designs 57

Designs Design Branding Brands 57

LexBlog IP

APRIL 3, 2023

Crafted from a specific Pantone 342 green, this sartorial symbol is protected by trademark law, so don’t expect to find a knockoff hanging in the clearance section of your local department store. You won’t find the Masters on your standard sports channel, complete with a barrage of advertisements and tickers.

Intellectual Property 52

Intellectual Property Trademark Television IP 52

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. Fourth, the law imposes a proactive screening obligation, something that Tiffany v.

Trademark 140

Trademark False Advertising Advertising Advertising 140

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark! (It

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that trademarks was a dead-end. As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? The issue is that Google incorporated a new feature into its Android software.

Licensing 94

Licensing Copyright Contracts Advertising 94

LexBlog IP

APRIL 19, 2023

The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. Registering trademarks with the U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

SpicyIP

NOVEMBER 8, 2023

Xiaomi highlighting how the common practice of courts granting confidentiality in commercial litigation problematizes transparency, judicial accountability, and the citizens’ right to be informed of court processes and reasoning under Article 19(1)(a). Only then does Google need to take action against the advertisement and not otherwise.

Trademark 59

Trademark Publishing Journalism Copyright 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

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it.

Registration 62

Registration Trademark Trademark Law Marketing 62

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. May 18, 2023) More Posts About Keyword Advertising * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. The court dismisses the lawsuit on summary judgment.

Advertising 110

Advertising Advertising False Advertising Trademark 110

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

LexBlog IP

MARCH 28, 2023

So, you know, Rogers currently is operating to protect a lot of behavior that could cause—it’s actually likely to cause confusion to consumers, and the Lanham Act makes that kind of trademark use actionable as infringement. … And it keeps the thread of extended litigation from silencing speech.

Branding 52

Branding Brands Branding Trademark 52