Erik K Pelton

DECEMBER 20, 2022

IP Cases Abound at the Supreme Court. The Supreme Court will hear the “ Bad Spaniels ” appeal this term, a case in which Jack Daniels claims that a dog toy manufacturer is liable for trademark infringement and dilution for making dog toys that parody the Jack Daniels bottle. Past issues of Top Trademark Trends: 2021: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP and Legal Filings

MAY 13, 2023

Therefore, the right to publicity in the US aims to prevent the unfair appropriation of an individual’s celebrity for commercial gains, indicating a close association with false advertising law. Courts in India have relied on a combination of legal concepts to determine the status of personality rights. D.A.P & Co. &

Personality Rights 83

Personality Rights Privacy Trademark Law False Advertising 83

43(B)log

FEBRUARY 16, 2023

Skipping a bunch of stuff, the big picture is that the US just doesn’t have a good system for abuse of IP rights. Even without standing, Jones failed to state a claim for false association or false advertising. He failed to allege a “valid, protectable trademark.”

False Advertising 87

False Advertising Trademark Registration Advertising 87

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

OCTOBER 11, 2023

22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious metal; beer cans made of non-precious metal sold empty.” (The The court doesn’t explain its reasoning but it seems to think this bolsters the conclusion that this was not a trademark use.

Licensing 49

Licensing False Advertising Advertising Advertising 49

Technology & Marketing Law Blog

MAY 22, 2023

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. May 18, 2023) More Posts About Keyword Advertising * More on Law Firms and Competitive Keyword Ads–Nicolet Law v.

Advertising 108

Advertising Advertising False Advertising Trademark 108

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet LoanStreet v. Luxy * Think Keyword Metatags Are Dead?

Advertising 83

Advertising Advertising False Advertising Trademark 83

Technology & Marketing Law Blog

AUGUST 30, 2023

Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet LoanStreet v. Luxy * Think Keyword Metatags Are Dead?

Advertising 86

Advertising Advertising False Advertising Trademark 86

Technology & Marketing Law Blog

JANUARY 8, 2024

Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet LoanStreet v. Luxy * Think Keyword Metatags Are Dead?

Trademark 79

Trademark Advertising Advertising False Advertising 79

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section 230. ” Later, the court explains: Just as a counterfeit item can misappropriate a trademark owner’s goodwill, so too might the unauthorized use of Hepp’s image in the ad. About the Case.

Intellectual Property 134

Intellectual Property Trademark Marketing Marketing 134

Technology & Marketing Law Blog

DECEMBER 19, 2021

. * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Reyes & Adler v.

Advertising 107

Advertising Advertising Settlement Trademark 107

Technology & Marketing Law Blog

JULY 26, 2022

Warby Parker. * Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Groupon. * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy. * Think Keyword Metatags Are Dead? Reyes & Adler v.

Trademark 99

Trademark Advertising Advertising Litigation 99

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising.

IP 94

IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

MARCH 13, 2022

.” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. Amazon ruling. Reyes & Adler v.

Trademark 80

Trademark Advertising Advertising Settlement 80

Technology & Marketing Law Blog

JULY 25, 2021

. * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Reyes & Adler v.

Advertising 106

Advertising Advertising Settlement Trademark 106

Technology & Marketing Law Blog

AUGUST 17, 2021

. * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Reyes & Adler v.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

. * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Reyes & Adler v.

Advertising 99

Advertising Advertising Trademark Settlement 99

Technology & Marketing Law Blog

JUNE 29, 2022

More Posts About Keyword Advertising. Court Dismisses Trademark Claims Over Internal Search Results–Las Vegas Skydiving v. Groupon. * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. Luxy. * Think Keyword Metatags Are Dead?

Trademark 107

Trademark Advertising Advertising Blogging 107

43(B)log

FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. How do they make that happen? Gender and class?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

LexBlog IP

FEBRUARY 1, 2023

at 997-98, Rogers limited the application of the Lanham Act’s prohibition on false advertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Branding Brands 52