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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. So why did I say the case was stupid?

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Advertising Advertising False Advertising Trademark 102

Technology & Marketing Law Blog

AUGUST 30, 2023

It would be accurate to classify this ruling as another trademark owner loss in a competitive keyword advertising case, despite the fact that the trademark appears in the ad copy. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

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Advertising Advertising False Advertising Trademark 85

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Troia wasn’t offering any services at all, but also, note the ad copy–the headline says “horror story” and the text says “They abruptly fired me,” which were pretty good tipoffs to consumers of what they should expect at the link. To marketplace alternatives that they independently discover and vet?

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False Advertising Advertising Advertising Trademark 98

Technology & Marketing Law Blog

JANUARY 8, 2024

The court hedges its position about internal search engines, saying there might be confusion if: the trademark owner shows that consumers don’t understand the source of the items listed in the internal search results. the rival included ad copy telling consumers they were buying the trademark owner’s items when they weren’t.

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Trademark Advertising Advertising False Advertising 78

Technology & Marketing Law Blog

JUNE 29, 2022

The court, bound by Fifth Circuit law, rejects the motion to dismiss per the Jim Adler/Texas Hammer Fifth Circuit ruling. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v.

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Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy.

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