Technology & Marketing Law Blog

JANUARY 8, 2024

In that time, the parties have waged innumerable formal battles over seemingly everything available to parties in civil litigation: countless discovery disputes, motions for sanctions, and two rounds of summary judgment. Brown Engstrand * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. LoanStreet v.

Trademark 78

Trademark Advertising Advertising False Advertising 78

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. 17-cv-7394 (LJL) (S.D.N.Y. 11, 2022) This is the main liability opinion. Both parties get partial wins/losses on summary judgment. The report didn’t prove causation.

Advertising 80

Advertising Advertising False Advertising Marketing 80

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. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.

Advertising 106

Advertising Advertising Settlement Trademark 106

SpicyIP

MARCH 10, 2024

In their written statement, the Defendants claimed distinctions between the marks and denied any unlawful activities, asserting that their trademark application for ‘NOVYA’ covered a broader range of goods, and commercial activities had not yet commenced.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

Technology & Marketing Law Blog

JULY 25, 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. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.

Advertising 105

Advertising Advertising Settlement Trademark 105

Technology & Marketing Law Blog

MARCH 13, 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. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.

Trademark 79

Trademark Advertising Advertising Settlement 79

Technology & Marketing Law Blog

AUGUST 17, 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. Reyes & Adler v. Newport Fishing. * IP/Internet/Antitrust Professor Amicus Brief in 1-800 Contacts v.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Those requirements will impose huge compliance costs, but those investments won’t prevent online marketplaces from being dragged into extraordinarily expensive and high-stakes litigation over eligibility for this defense. Fourth, the law imposes a proactive screening obligation, something that Tiffany v. eBay rejected.

Trademark 136

Trademark False Advertising Advertising Advertising 136

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. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

DECEMBER 1, 2022

Although “third parties have used Flora-Bama in the titles of third parties’ artistic works with Plaintiffs’ oral or written permission,” that doesn’t make this a title-v-title case: Basic trademark law demonstrates why. This justification is at least consistent with the core idea of trademark law.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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 107

Advertising Advertising False Advertising Trademark 107

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. This regressive and anti-consumer approach got zero traction with this judge. Reyes & Adler v.

Trademark 106

Trademark Advertising Advertising Settlement 106

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. 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 98

Advertising Advertising Trademark Settlement 98

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

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

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