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? Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v.

Trademark 78

Trademark Advertising Advertising False Advertising 78

Technology & Marketing Law Blog

AUGUST 17, 2021

It’s a defect of the common law tradition; bad doctrinal memes rarely die, and even those fading away are just one ill-advised case from being resurrected. What are “marketing rights”??? LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. Case citation : Jim S.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. 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?

Advertising 81

Advertising Advertising False Advertising Trademark 81

Technology & Marketing Law Blog

MARCH 13, 2022

Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. 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?

Trademark 79

Trademark Advertising Advertising Settlement 79

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

So by the time the court says “the parties are vying for users in the same ‘market,'” you know that the judge has lost the thread. How can Troia vie for a “market” when the court already said he “is not offering a good or service”??? .” So why wasn’t that dispositive?

False Advertising 97

False Advertising Advertising Advertising Trademark 97

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Let’s see how it unfolded.

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

MAY 22, 2023

Nor can it be said to show that Defendants’ marketing strategy made confusion likely. While this is a startling good defense ruling from a trademark law standpoint, I could see a state bar arguing that ads violate ethics rules if they produce hundreds of potentially misdirected prospective clients.

Advertising 107

Advertising Advertising False Advertising Trademark 107

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries. After looking at all known IP assets, look into what may be unknown.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts’ keyword ad litigation campaign went on hiatus during the pendency of the FTC enforcement. With that resolved, 1-800 Contacts reverted to its old litigation tricks–and is getting the same futile outcomes. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v.

Trademark 106

Trademark Advertising Advertising Blogging 106

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Marketing channels. The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. ” 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.

Advertising 98

Advertising Advertising Trademark Settlement 98

SpicyIP

OCTOBER 23, 2023

Justice Bhat was amongst the few judges of the Delhi High Court to buck the trend and bring back some semblance of balance to intellectual property litigation. As a result of these factors, it was relatively rare to see judges disrupting the prevailing status-quo in the Delhi High Court.

Intellectual Property 52

Intellectual Property Government Law IP 52

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124