Advertising, Settlement, Trademark and Trademark Law

Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular

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.

Advertising

Advertising Advertising False Advertising Trademark

Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy

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.

Advertising

Advertising Advertising Settlement Trademark

Internal Search Results Aren’t Trademark Infringing–PEM v. Peninsula

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

Trademark Advertising Advertising False Advertising

Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

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.

False Advertising

False Advertising Advertising Advertising Trademark

Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. However, Edible invoked theft law and disavowed consumer confusion. However, they didn’t give up! Conversion.

IP

IP Advertising Advertising Trademark Law

Concept Of Trademark Bullying: Forceful Enforcement Of Trademark Rights In The Name Of Protection

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.

Cease and Desist

Cease and Desist Trademark Registering Trademarks Business

Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Groupon

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. * How did that come about?

Trademark

Trademark Advertising Advertising Litigation

Preventing Trademark Infringement or Stifling Healthy Competition? A Look at 1-800 Contacts and its Keyword Advertising Battle

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.

Advertising

Advertising Advertising Trademark Cease and Desist

More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff

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

Law Advertising Advertising False Advertising

Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Groupon

Technology & Marketing Law Blog

MARCH 13, 2022

LVSA sued Groupon for trademark infringement. Melwani sued Amazon for trademark infringement, dilution, and more. With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark

Trademark Advertising Advertising Settlement

The SAD Scheme as an Institutional Failure

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

Trademark Law Trademark IP Blogging

Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. The views expressed in the piece are personal.

Trademark

Trademark Fair Use Registering Trademarks Non-Fungible Tokens

Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

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. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. Not relevant.

Advertising

Advertising Advertising False Advertising Trademark

When Do Inbound Call Logs Show Consumer Confusion?–Adler v McNeil

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. ” It sounds like this narrowed the case solely to the trademark infringement claim.]

Advertising

Advertising Advertising False Advertising Trademark

Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Aliign sued lululemon for trademark infringement. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Want to Engage in Anti-Competitive Trademark Bullying?

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Advertising Advertising Settlement Trademark

Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. McNeil

Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims. ” Adler sued for trademark and related claims.

Advertising

Advertising Advertising Trademark Settlement

Survey: Users Confuse Search Results, Ads

Likelihood of Confusion

OCTOBER 19, 2022

Hard to see how this doesn’t have some effect on any settlement discussions in the. Speaking of my post from yesterday, below — wow. Survey: Users Confuse Search Results, Ads. The post Survey: Users Confuse Search Results, Ads appeared first on LIKELIHOOD OF CONFUSION™.

Settlement

Settlement Trademark Law Advertising Advertising

SpicyIP Weekly Review (February 6- February 12)

SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

Designs

Designs Design Trademark Cease and Desist

Competitive Keyword Ad Lawsuit Fails…Despite 236 Potentially Confused Customers–Lerner & Rowe v. Brown Engstrand

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

Advertising Advertising False Advertising Trademark

1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. Warby Parker

Technology & Marketing Law Blog

JUNE 29, 2022

17 years later, I’m still blogging their ignoble trademark lawsuits. Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. misinterpreted the law of competitive keyword ads for many, many years. WhenU (2d Cir. Keyword Ads. Proximity of goods. ” Bad faith.

Trademark

Trademark Advertising Advertising Settlement

Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

But trademark plaintiffs and judges are still partying like it’s 1999. The plaintiff is Seeking Arrangements, one of my favorite websites to base my Internet Law exams on. The court starts its trademark analysis nostalgically: “Turn back the clock to the Internet’s nascent age—1999.” Yes, it’s 2021.

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Advertising Advertising Trademark Settlement

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

Intellectual Property

Intellectual Property Invention Trademark Copyright

USC IP year in review, TM/ROP

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP

IP Trademark Advertising Advertising

Intellectual Property Pulse

Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular

Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy

Trending Sources

Internal Search Results Aren’t Trademark Infringing–PEM v. Peninsula

Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia

Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google

Concept Of Trademark Bullying: Forceful Enforcement Of Trademark Rights In The Name Of Protection

Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Groupon

Preventing Trademark Infringement or Stifling Healthy Competition? A Look at 1-800 Contacts and its Keyword Advertising Battle

More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff

Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Groupon

The SAD Scheme as an Institutional Failure

Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

When Do Inbound Call Logs Show Consumer Confusion?–Adler v McNeil

Google’s Search Disambiguation Doesn’t Create Initial Interest Confusion–Aliign v. lululemon

Fifth Circuit Says Keyword Ads Could Contribute to Initial Interest Confusion (UGH)–Adler v. McNeil

Survey: Users Confuse Search Results, Ads

SpicyIP Weekly Review (February 6- February 12)

Competitive Keyword Ad Lawsuit Fails…Despite 236 Potentially Confused Customers–Lerner & Rowe v. Brown Engstrand

1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. Warby Parker

Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

USC IP year in review, TM/ROP

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