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

Technology & Marketing Law Blog

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. Troia claimed that he did not use the LoanStreet trademark in commerce. .” How can Troia vie for a “market” when the court already said he “is not offering a good or service”???

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influencers aren't advertisers' agents, materiality can be common sense, & more in supplement case

43(B)log

Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

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

Technology & Marketing Law Blog

It bids on the Adler trademarks for “click-to-call” keyword ads. The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” ” Adler sued for trademark and related claims. What are “marketing rights”??? Case citation : Jim S.

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The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v.

Trademark 136
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Cardozo A&ELJ symposium, Trademark

43(B)log

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Kagan describes it as “designation of source.” Tam and Brunetti, striking down various bars on registration.

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

Technology & Marketing Law Blog

With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. Amazon case is “directly on point and forecloses Plaintiff’s ability to bring this claim as a matter of law.” ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v.

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Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

Technology & Marketing Law Blog

ccBill held that “intellectual property” meant only “federal intellectual property” because otherwise this exception would expose Internet services to heterogeneous state laws that they couldn’t manage. Facebook appeared first on Technology & Marketing Law Blog. Facebook , Nos.