IP Watchdog

JULY 25, 2023

The laundry list of accusations also included trademark dilution, false advertising, common law unjust enrichment, common law tortious interference with contract, and breach of settlement agreement.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

Technology & Marketing Law Blog

JUNE 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. Reyes & Adler v.

Trademark 101

Trademark Advertising Advertising False Advertising 101

LexBlog IP

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 52

False Advertising Advertising Advertising Settlement 52

Technology & Marketing Law Blog

NOVEMBER 28, 2022

More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v.

Advertising 105

Advertising Advertising False Advertising Trademark 105

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

Advertising 64

Advertising Advertising Settlement Contracts 64

IP Law 360

OCTOBER 26, 2021

Timeshare company Bluegreen Vacation said Tuesday that it inked a confidential settlement with certain timeshare exit companies that resolves claims that the companies are falsely advertising their services to help release consumers from their binding timeshare contracts in a "timeshare exit scheme."

False Advertising 40

False Advertising Confidentiality Settlement Contracts 40

The IPKat

MARCH 7, 2024

Then, Nicolas Binctin's piece, “La lutte contre l'écoblanchiment (greenwashing) - Défis et développements récents” stands as the sole contribution in French, yet it sets itself apart with an in-depth examination of the deceptive practice of greenwashing within the scope of unfair competition law.

Intellectual Property 57

Intellectual Property False Advertising Editing Settlement 57

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. Reyes & Adler v.

Advertising 85

Advertising Advertising False Advertising Trademark 85

Technology & Marketing Law Blog

AUGUST 30, 2023

24, 2023) More Posts About Keyword Advertising * Competitive Keyword Ad Lawsuit Fails…Despite 236 Potentially Confused Customers–Lerner & Rowe v. 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.

Advertising 89

Advertising Advertising False Advertising Trademark 89

43(B)log

DECEMBER 22, 2023

20, 2023) The court denies settlement approval in this case alleging that Macy’s misrepresented the thread count in some of the sheets it sold, because it doesn’t like the cy pres part of the remedy. The global class action settlement created a $10.5 million common fund, and the parties jointly moved the court to approve.

False Advertising 59

False Advertising Advertising Advertising Settlement 59

Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law. They could not.

IP 130

IP Advertising Advertising Trademark Law 130

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. Reyes & Adler v.

Trademark 81

Trademark Advertising Advertising False Advertising 81

Technology & Marketing Law Blog

DECEMBER 19, 2021

McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 108

Advertising Advertising Settlement Trademark 108

43(B)log

MAY 2, 2022

15, 2021) (R&R) This long and citation-heavy opinion would be a good cheat sheet for looking at class action settlement approvals generally, especially in the 11th Circuit. But when it comes to surveys or, here, approving settlements, matters can differ. The court would have continuing jurisdiction to rule on any challenge.

Settlement 118

Settlement Advertising Advertising Marketing 118

Technology & Marketing Law Blog

JULY 26, 2022

McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Trademark 102

Trademark Advertising Advertising Litigation 102

Technology & Marketing Law Blog

JULY 25, 2021

The plaintiff is represented by Browne George Ross, the same law firm that brought the unsuccessful Prager U v. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 107

Advertising Advertising Settlement Trademark 107

Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. 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. Case citation : Jim S. Adler, P.C.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

MARCH 13, 2022

The record may likewise show that consumers sometimes mistakenly seek to redeem vouchers for other skydiving companies with LVSA… as a matter of law, a reasonably prudent consumer in this marketplace is unlikely to be confused as to the origin of the service offered. More Posts About Keyword Advertising. Groupon, Inc.

Trademark 82

Trademark Advertising Advertising Settlement 82

LexBlog IP

SEPTEMBER 2, 2022

2022 continues to be the Year of the Review for consumer protection law enforcers. The complaint discusses an undercover investigation that was conducted by law enforcement to demonstrate this – and yes, civil law enforcers at the FTC and state AG offices do such investigations frequently.

False Advertising 52

False Advertising Settlement Publishing Law 52

43(B)log

SEPTEMBER 7, 2021

accused product another another The subsequent stipulation to a permanent injunction did not cover the registrations, but there is apparently a confidential settlement agreement that may have covered them.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

43(B)log

FEBRUARY 9, 2022

He claims that Glock entered into settlements with confidentiality provisions with those who sued over the defect, to prevent the public from learning about it. He alleged that specific Glock guns’ chambers are “unsupported,” which can cause damage to brass casings and, sometimes, cause the guns to dangerously blow apart.

False Advertising 59

False Advertising Advertising Advertising Confidentiality 59

43(B)log

APRIL 29, 2022

selling a new vehicle that has been modified, and/or had additions made to it, from its factory-delivered condition without an addendum sticker attached to the vehicle disclosing such modification and/or addition as required by law; and b. The trial court enjoined defendant from: “a. And injunctive relief under the CLRA was appropriate.

False Advertising 45

False Advertising Advertising Advertising Settlement 45

43(B)log

JUNE 16, 2022

After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.” Plaintiffs brought the usual California statutory claims , as well as claims for common-law fraud and unjust enrichment. Omaze now buys its own swag for contests.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Harris: Canada is similar; no specific green marketing laws, just Competition Act/provincial statutes. Joseph Lewczak: FTC v.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

MAY 22, 2023

This case involves two rival personal injury law firms in Arizona, one of which engaged in competitive keyword advertising against the other. Instead, the court says that any actual confusion evidenced by the call logs was de minimis as a matter of law. The court dismisses the lawsuit on summary judgment. CV-21-01540-PHX-DGC (D.

Advertising 109

Advertising Advertising False Advertising Trademark 109

43(B)log

NOVEMBER 27, 2023

But DNP isn’t actually licensed to practice law. MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. It sought to represent a class of similar law firms.

False Advertising 49

False Advertising Advertising Advertising Contracts 49

Technology & Marketing Law Blog

JUNE 29, 2022

misinterpreted the law of competitive keyword ads for many, many years. This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker.

Trademark 108

Trademark Advertising Advertising Blogging 108

43(B)log

APRIL 17, 2023

Plaintiffs, timeshare developers, sued defendants, a timeshare exit law firm and its named partner, alleging various claims, including claims under the Lanham Act and the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). The court granted summary judgment to defendants on all counts.

False Advertising 59

False Advertising Litigation Advertising Advertising 59

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

The plaintiff is Seeking Arrangements, one of my favorite websites to base my Internet Law exams on. McNeil. * Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All. * Competitor Gets Pyrrhic Victory in False Advertising Suit Over Search Ads–Harbor Breeze v. Yes, it’s 2021.

Advertising 101

Advertising Advertising Trademark Settlement 101

43(B)log

OCTOBER 4, 2021

This change in the ease of getting relief interacts with the substantive scope of TM law in ways that may prove challenging. 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

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. While penalties vary by state, some states’ laws authorize civil penalties of up to $10,000 per violation. Takeaway No. Takeaway No. Takeaway No.

Social Media 52

Social Media Privacy Advertising Advertising 52