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.

IP 125

IP Advertising Advertising Trademark Law 125

43(B)log

FEBRUARY 16, 2023

Even without standing, Jones failed to state a claim for false association or false advertising. He failed to allege a “valid, protectable trademark.” He also didn’t state a claim for false advertising, because he didn’t allege any “false statements about any product owned or produced by Jones.”

False Advertising 87

False Advertising Trademark Registration Advertising 87

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 89

Personality Rights Privacy Trademark Law False Advertising 89

43(B)log

JANUARY 27, 2023

False advertising: Spiralverse allegedly falsely advertised its version of the Piano Book on Amazon as “new,” despite the rebinding, residue, and front labels. Was this literally false? Copyright infringement: Rebinding doesn’t create a derivative work.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

Technology & Marketing Law Blog

MAY 13, 2023

May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Troia * Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v.

Law 90

Law Advertising Advertising False Advertising 90

43(B)log

OCTOBER 11, 2023

Thus, “not only are these not the classes of products or services that trademark law protects, but issuing motor vehicle license plates and tags cannot be considered commercial use, as it is a clear government activity.” False advertising: No Lexmark standing for want of proximate cause.

Licensing 49

Licensing False Advertising Advertising Advertising 49

Erik K Pelton

DECEMBER 20, 2022

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

43(B)log

SEPTEMBER 7, 2021

She allegedly falsely represented that she was authorized to deliver Londra’s “recording artist and songwriting services. Big Ligas sued for tortious interference and for false advertising and trademark infringement under the Lanham Act. False advertising: “That Ms.

False Advertising 59

False Advertising Fair Use Advertising Advertising 59

Technology & Marketing Law Blog

NOVEMBER 28, 2022

More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Troia. * Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. Allied Modular Building Systems, Inc. 2022 WL 4596646 (C.D. July 24, 2022). The CourtListener page. LoanStreet v.

Advertising 101

Advertising Advertising False Advertising Trademark 101

43(B)log

FEBRUARY 17, 2022

Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. ChromaDex’s only proof of injury was its excluded damages expert report, which simply assumed that all of Elysium’s sales would have gone to ChromaDex without the allegedly false advertising. “[T]here

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

OCTOBER 7, 2021

Comment: trademark law bounces rather casually between normative and empirical understandings of the reasonable consumer. These cases provide great evidence that false advertising law does so as well.] Why disregard the survey? The survey couldn’t change what reasonable consumers would understand.

False Advertising 45

False Advertising Advertising Advertising Trademark Law 45

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 80

Advertising Advertising False Advertising Trademark 80

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. Reyes & Adler v.

Advertising 84

Advertising Advertising False Advertising Trademark 84

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

Social Media 49

Social Media False Advertising Advertising Advertising 49

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 76

Trademark Advertising Advertising False Advertising 76

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

43(B)log

APRIL 17, 2023

The court dismissed most of Quincy’s claims (counterfeiting, trademark infringement, and false designation of origin) except for false advertising—a rare (and conceptually sound) approach that other, non-default cases could benefit from. But the unauthorized sale of a genuine product does not violate trademark law.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

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

Trademark 97

Trademark Advertising Advertising Litigation 97

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

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

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

The manufacturer can sue the seller for copying its shots; the manufacturer can sue for false advertising if non-official shots aren’t “accurate,” and freelancers love to sue over product shots they took and ones they think are too similar to the ones they took.]. Trademark owners will weaponize that ambiguity.

Trademark 135

Trademark False Advertising Advertising Advertising 135

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

Olartemoure Blog

FEBRUARY 8, 2023

It is commonly used in trademark law and derives its authority from the First Amendment of the U.S. The plaintiff was the performer Ginger Rogers against the producers and distributors of the film “Ginger and Fred” for creating a false impression of her involvement in the production. Constitution.

False Advertising 59

False Advertising Intellectual Property Trademark Trademark Law 59

43(B)log

FEBRUARY 15, 2022

24, 2021) A rare case finding no violation of the right of publicity or trademark law from an allegedly false endorsement based on lack of harm. Benefit to the defendant, the court says, is not itself harm to the plaintiff—see also this recent Note on trademark standing by my former student Lauren Bilow.

Advertising 52

Advertising Advertising Business Reporting 52

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

SEPTEMBER 23, 2021

Thus, Hepp’s statutory claim against Facebook is about the commercial effect on her intellectual property, not about protected speech. The majority ends with a not-credible declaration that its ruling doesn’t threaten free speech.

Intellectual Property 131

Intellectual Property Trademark Marketing Marketing 131

Technology & Marketing Law Blog

JUNE 29, 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 105

Trademark Advertising Advertising Settlement 105

Technology & Marketing Law Blog

SEPTEMBER 14, 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 97

Advertising Advertising Trademark Settlement 97

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

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

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

Ujoy Technology and Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd [Delhi High Court] This year the concept of transborder reputation in trademark law saw two important interpretations from the Delhi High Court. Bolt Technology v. First, in Toyota v. d) Other IP Developments 1.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. 3) double identity and advertising: note that in the US comparisons for house brands are often made on the bottle or package! (4) Some objections go to the weight of the evidence.

Trademark 72

Trademark Marketing Marketing Advertising 72

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