Designs False Advertising Litigation Trademark Law 
Technology & Marketing Law Blog
SEPTEMBER 9, 2022
” 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. .” Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v.
43(B)log
FEBRUARY 17, 2022
In re: Elysium Health-ChromaDex Litigation, No. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. What about statements about how a product was “designed”? Elysium said that its proprietary formulation of two ingredients was “designed” to work together synergistically.
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43(B)log
FEBRUARY 16, 2024
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.
Technology & Marketing Law Blog
SEPTEMBER 28, 2021
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.
Technology & Marketing Law Blog
MARCH 13, 2022
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.
Technology & Marketing Law Blog
AUGUST 17, 2021
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. The district court dismissed Adler’s complaint. –Adler v.
Technology & Marketing Law Blog
SEPTEMBER 14, 2021
The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. Or, at the most, confuse Defendant’s app with Plaintiffs’ This situation is different from the websites in Network Automation and Playboy, which were clearly distinguished with ad designations.
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