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. ” Marketing channel. Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.”

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Advertising Advertising False Advertising Trademark 85

Technology & Marketing Law Blog

MAY 13, 2023

For more background on competitive keyword advertising by lawyers, see this article. May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?) 2023 WL 3340214 (W.D.

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Law Advertising Advertising False Advertising 90

43(B)log

AUGUST 22, 2022

18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’”

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43(B)log

MAY 2, 2022

15, 2021) (R&R) This long and citation-heavy opinion would be a good cheat sheet for looking at class action settlement approvals generally, especially in the 11th Circuit. But when it comes to surveys or, here, approving settlements, matters can differ. The court would have continuing jurisdiction to rule on any challenge.

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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? However, the results are consistent with each other.

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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.

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Advertising Advertising False Advertising Trademark 81

Technology & Marketing Law Blog

FEBRUARY 16, 2022

More Posts About Keyword Advertising. 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….

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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.

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Advertising Advertising Settlement Trademark 105

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

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.

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Advertising Advertising Trademark Settlement 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. Now he’s helping out by helping build out defense-side keyword advertising precedents. More Posts About Keyword Advertising. * How extensively do they discuss the risks?

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TorrentFreak

MAY 20, 2022

With BREIN on the lookout for piracy, the IPTV seller closed his vendor accounts on local online markets Marktplaats.nl New Pirate IPTV Sales Breached Settlement Agreement. That amount has now been forfeited and a revised settlement agreement reached, but with harsher terms – in BREIN’s favor. and 2dehands.be.

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LexBlog IP

JANUARY 10, 2024

” The FTC’s settlement with X-Mode/Outlogic marks its first with a “data broker concerning the collection and sale of sensitive location information.” ” The FTC’s settlement with X-Mode/Outlogic marks its first with a “data broker concerning the collection and sale of sensitive location information.”

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LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

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Advertising Advertising Trademark Cease and Desist 52

Trading Secrets

FEBRUARY 5, 2024

In investigating Aegis’s conduct, Life Spine discovered that, while negotiating the distribution agreement with Life Spine, Aegis filed a 510(k) premarket notification with the Food and Drug Administration to begin marketing AccelFix, listing the ProLift as the “substantially equivalent” “Primary Predicate Device” for the product.

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LexBlog IP

FEBRUARY 5, 2024

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. Ultimately, the settlement presents a cautionary tale about the business and financial ramifications of misusing confidential information.

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Technology & Marketing Law Blog

JANUARY 12, 2022

” For standing purposes, it doesn’t matter that he still advertises through AdWords. Also, many advertisers are pretty sophisticated and would interpret Google’s statements more skeptically than Singh did. Commonality. ” Typicality. per month and Home Depot spends $6.81M per month. Predominance.

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Advertising Advertising Settlement Blogging 82

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….

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Trademark Advertising Advertising Settlement 79

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

IP Watchdog

JULY 25, 2023

On Friday, July 21, an Illinois district court ruled that a Pakistani employee of a medical device distribution company infringed on Ethicon’s trademark when he bought, marketed and sold counterfeit Ethicon devices. Ethicon is a subsidiary of Johnson & Johnson and won an $18 million default judgment.

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False Advertising Settlement Contracts Advertising 40

TorrentFreak

JANUARY 19, 2024

In the final days of 2023 as people were preparing to welcome in the new year, yet more pirate domains were being redirected or transferred into the hands of the MPA, presumably as part of a settlement agreement. The first couple of lines in ads promoting these scripts link two key features; 1) Online movie-watching website script.

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Advertising Advertising Intellectual Property Editing 85

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. That case alleged that the company’s use of the Joe Camel mascot in an advertising campaign was an unfair practice because it allegedly induced children and adolescents under 18 to start smoking.

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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.

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Trademark Law Trademark IP Blogging 98

BYU Copyright Blog

OCTOBER 17, 2022

In the Complaint, Bowers argues that the Defendants “took Plaintiff’s copyrighted Work without a proper license in order to nationally advertise, market, and promote its business activities across the Kansas City, Missouri area.” The use of the Work on the College's graphic design department website was allegedly discovered in 2019.Bowers

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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

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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The IPKat

MARCH 7, 2024

Finally, in "The TRIPS Agreement and the Sustainable Disposal of IP-Infringing Goods - Lessons from WTO Dispute Settlement Cases," Wolf R. Unfortunately, some of these disputes ended in out-of-court settlements, leaving the circular economy market without clear judicial guidance.

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Intellectual Property False Advertising Editing Settlement 57

Michael Geist

OCTOBER 4, 2022

Indeed, critics will rightly note the market distortion it creates for private entities who stand to lose further advertising-related revenues to the CBC, while supporters should be concerned that the bill undermines the CBC’s claim to a public interest role and makes an ad-free version of the service even less likely.

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Advertising Advertising Television Government 92

LexBlog IP

AUGUST 30, 2022

” Well, some folks most definitely disagree when a whole settlement potentially is tanked over a press release. The perhaps unnecessarily inflammatory headline boldly touted, “FTC Sues Marketer of Personal Protective Equipment and Light Fixtures for Lying About Products Being Made in the USA and Government-Certified.”

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Settlement Marketing Marketing Advertising 52

TorrentFreak

NOVEMBER 3, 2021

They argued that the company made copies of their copyrighted works on its servers and deliberately marketed its service to pirate sites such as Thothub. This includes the advertising company MultiMedia, also known as Chaturbate, which was actively used by Thothub in the past. Settlement?

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Copyright Infringement Copyright Settlement Advertising 127

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.” ” Market Effect. Further, “if IJR’s challenged use becomes uninterrupted and widespread,” it hurts Philpot’s potential market of licensing to media outlets.

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Fair Use Licensing Copyright Marketing 87

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Effect on the market: Harm was implausible. The fact that he extracted settlements from alleged infringers does not a real market make. at 566–69.”

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Fair Use Social Media Licensing Marketing 90

TorrentFreak

FEBRUARY 1, 2024

“In the course of advertising and promoting its so-called ‘amnesty program’ Triller made false and misleading statements that TEI’s podcast episode entitled Jake Paul Fight Was A Disaster … infringed the Broadcast and that anyone who viewed the Podcast engaged in copyright infringement,” TEI informs the court.

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Copyright Infringement Advertising Advertising Copyright 71

TorrentFreak

DECEMBER 3, 2023

The case initially seemed set for a quick settlement, but the parties failed to reach an agreement. “No software created, developed, marketed, advertised, sold or otherwise distributed by Defendants infringes any copyright of Bungie,” AimJunkies’ attorney adds.

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Copyright Infringement Copyright Copying Settlement 95

43(B)log

JANUARY 5, 2024

While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength. And they targeted school districts in their marketing. Defendants market only their K12 brand nationally. And defendants did rebut it—all the marks were commercially weak.

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Branding Brands Branding Marketing 59

LexBlog IP

DECEMBER 7, 2022

But, we warned, dark patterns had the potential to dramatically reshape how we look at marketing and blur if not obliterate the lines between clever marketing and unlawful marketing. And it may be time to pay closer attention to some of the things your marketing department is doing. Why do we say that?

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Web Design Marketing Marketing Registration 52

TorrentFreak

JULY 29, 2021

advertised high-speed Internet access, combined with the inaction against online piracy, attracts potential copyright infringers to the ISP, the complaint alleges. That claim is backed up by an affidavit from the operator of YTS , who signed settlements with several of the movie companies in the past. through a separate letter.

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Copyright Infringement Copyright Music Settlement 141