article thumbnail

TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

Technology & Marketing Law Blog

However, this injunction must navigate the obvious problems with the trademark. Still, there should be many circumstances where descriptive fair use permits the defendant to use the term “Texas tamale” in the ad copy. LBF (& Vice-Versa) * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v.

article thumbnail

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

Technology & Marketing Law Blog

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. OxBlue. * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit?

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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

Technology & Marketing Law Blog

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. LBF (& Vice-Versa) * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. That is the most common outcome.

article thumbnail

Intellectual Property Rights For Fintech

IIPRD

Since FinTech is a dynamic concept and originated from the intellectual labour of its creator, the chief question running in the minds of stakeholders is “How to protect their work from copying”? The unlawful use of a web domain containing a registered trademark is in direct violation of the Indian trademark law.

article thumbnail

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

Technology & Marketing Law Blog

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?

article thumbnail

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

Technology & Marketing Law Blog

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.

article thumbnail

Intellectual Rigour, Redefining Judicial Courage: Supreme Court Justice SR Bhat’s Rich Legacy

SpicyIP

We are pleased to bring to you a copy of this article by Prashant Reddy T on Justice Bhat’s rich legacy. On Justice Bhat’s retirement, Prashant wrote for the Scroll on his lasting legacy as a Judge, highlighting some of the features that set him and his tenure as a judge apart. Please note, this article was originally published on Scroll.in.]