Business, False Advertising, Marketing and Settlement

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

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The LoanStreet court didn’t even go that far with the “educational leaflet service” trick; it simply said that gripers ads that could damage a business’ reputation constitute a use in commerce, even when there’s zero commercial activity. Likelihood of Consumer Confusion. Reyes & Adler v.

False Advertising

False Advertising Advertising Advertising Trademark

California Supreme Court reaffirms strict liability for false advertising in Serova

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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False Advertising Advertising Advertising Artistic Work

Lexmark allows direct and contributory false advertising claims against certifier

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.” Google didn’t attest to anything about the locksmiths; it was like a building that rents space to business owners.

False Advertising

False Advertising Advertising Advertising Business

False advertising-based antitrust claims against Facebook survive motion to dismiss

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising

False Advertising Advertising Advertising Privacy

adult venue's insurer did not successfully exclude ads from ad injury coverage

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

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Advertising Advertising Settlement Contracts

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

Technology & Marketing Law Blog

MAY 13, 2023

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?)–LoanStreet Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

Law

Law Advertising Advertising False Advertising

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

Technology & Marketing Law Blog

NOVEMBER 28, 2022

As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet 2022 WL 4596646 (C.D.

Advertising

Advertising Advertising False Advertising Trademark

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

Technology & Marketing Law Blog

AUGUST 30, 2023

Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” ” Marketing channel. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

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Advertising Advertising False Advertising Trademark

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

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Google * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. LoanStreet v. Reyes & Adler v.

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Advertising Advertising False Advertising Trademark

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

Technology & Marketing Law Blog

JANUARY 8, 2024

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? Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v. Reyes & Adler v.

Trademark

Trademark Advertising Advertising False Advertising

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

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. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v.

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Advertising Advertising Settlement Trademark

Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy

Technology & Marketing Law Blog

DECEMBER 19, 2021

McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising

Advertising Advertising Settlement Trademark

Cy pres recipient in false advertising case has to be false-advertising-focused group, court rules

43(B)log

DECEMBER 22, 2023

20, 2023) The court denies settlement approval in this case alleging that Macy’s misrepresented the thread count in some of the sheets it sold, because it doesn’t like the cy pres part of the remedy. The global class action settlement created a $10.5 million common fund, and the parties jointly moved the court to approve.

False Advertising

False Advertising Advertising Advertising Settlement

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

Technology & Marketing Law Blog

JULY 26, 2022

.” “LVSA litigated this case so aggressively because of its animus towards Groupon… It is improper to use litigation to seek retribution for another’s legal business activities.” 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Trademark

Trademark Advertising Advertising Litigation

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

Technology & Marketing Law Blog

FEBRUARY 16, 2022

McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

IP

IP Advertising Advertising Trademark Law

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

Technology & Marketing Law Blog

AUGUST 17, 2021

BONUS : Plaintiffs allege that the marketing rights that Stevens and Hughes purchased from Google and Facebook directed searches for the Blaux brand to [link] where Stevens and Hughes sold products that competed with the Blaux portable air conditioner. What are “marketing rights”??? More Posts About Keyword Advertising.

Advertising

Advertising Advertising Trademark Settlement

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

Technology & Marketing Law Blog

MARCH 13, 2022

McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Trademark

Trademark Advertising Advertising Settlement

Court trims claims against for-profit "charity" sweepstakes site that keeps 85% of "donations"

43(B)log

JUNE 16, 2022

After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.” Shifting to this business model “dramatically increased its profits while reducing the share of the money raised that is passed on to charities.”

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False Advertising Advertising Advertising Designs

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

Technology & Marketing Law Blog

MAY 22, 2023

of exposed consumers experienced actual confusion: This tiny percentage cannot reasonably be said to constitute an “appreciable” or “significant” number of consumers confused by Defendants’ advertising strategy. Nor can it be said to show that Defendants’ marketing strategy made confusion likely. LoanStreet v. Reyes & Adler v.

Advertising

Advertising Advertising False Advertising Trademark

Review Hijacking; Abusing Third-Party Marketplaces: FTC Finds Evil in Fairly Common Practices

LexBlog IP

FEBRUARY 20, 2023

Well, the FTC thinks this is “review hijacking,” when a marketer “steals or repurposes reviews of another product.” If the FTC felt this practice was deceptive or misleading, how about articulating this as new business guidance? ” And it cost Nature’s Bounty $600,000. .”

False Advertising

False Advertising Branding Brands Branding

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

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Marketing channels. ” Every sex worker just took massive umbrage at the judge’s condescending stereotypes about the role of online marketing in their financial and safety decisions. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Reyes & Adler v.

Advertising

Advertising Advertising Trademark Settlement

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

McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Trademark

Trademark Advertising Advertising Blogging

USC IP year in review, TM/ROP

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage.

IP

IP Trademark Advertising Advertising

Look Back, Look Ahead: State Attorneys General Enforcement – Part One

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Ultimately, the California enforcers reached a financial settlement with the clothing brand that includes injunctive terms governing future conduct. Takeaway No.

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Intellectual Property Pulse

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

California Supreme Court reaffirms strict liability for false advertising in Serova

Trending Sources

Lexmark allows direct and contributory false advertising claims against certifier

False advertising-based antitrust claims against Facebook survive motion to dismiss

adult venue's insurer did not successfully exclude ads from ad injury coverage

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

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

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

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

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

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

Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy

Cy pres recipient in false advertising case has to be false-advertising-focused group, court rules

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

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

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

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

Court trims claims against for-profit "charity" sweepstakes site that keeps 85% of "donations"

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

Review Hijacking; Abusing Third-Party Marketplaces: FTC Finds Evil in Fairly Common Practices

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

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

USC IP year in review, TM/ROP

Look Back, Look Ahead: State Attorneys General Enforcement – Part One

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