Technology & Marketing Law Blog

JANUARY 8, 2024

The court doesn’t define what it means by a metatag or establish that “metatags” were the technical mechanism that associated the rival’s products with the trademark owner’s trademark. the rival included ad copy telling consumers they were buying the trademark owner’s items when they weren’t.

Trademark 78

Trademark Advertising Advertising False Advertising 78

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. The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” ” Adler sued for trademark and related claims. OK, I guess.

Advertising 105

Advertising Advertising Trademark Settlement 105

Fish & Richardson Trademark & Copyright Thoughts

MARCH 31, 2021

.” In the article, Betty talks about the potential impact of widespread 5G rollouts on global patent litigation, how clients are addressing SEP and FRAND issues, and where she sees these trends going in the future. CCBJ: The next major wave of global patent litigation is expected to focus on 5G.

Journalism 40

Journalism Business Litigation Intellectual Property 40

SpicyIP

AUGUST 20, 2023

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. Before co-founding Ira Law, he was part of another law firm for 7 years and then an associate at the chambers of Mr. Amit Sibal. The Court holds that the use of keywords to identify customers is not per se deceitful.

Advertising 97

Advertising Advertising Trademark Branding 97

LexBlog IP

DECEMBER 3, 2021

There are a number of companies and law firms that are able to harness software and manpower to scour the internet on behalf of brand owners, but those routes can be cost-prohibitive for some. The counterfeit website went so far as to include the same physical address and business license information for the investment firm.

Branding 52

Branding Brands Branding Intellectual Property 52

Kashishipr

OCTOBER 20, 2021

In 2002, the Federal Trade Commission, after an extensive inquiry, found out that over 75% of applications by generic pharmaceutical manufacturers were in some way or other involved in litigation initiated by the original patent holders. There are some nations, such as Australia and India, which have anti-evergreening laws in place.

Patent 105

Patent Intellectual Property Inventor Government 105

The TTABlog

APRIL 11, 2022

Spagnuolo & Associates, P.C. The cited registered mark, on the other hand, gives the impression of a law firm practicing automotive law." The Board found the services to be overlapping and therefore legally identical. But how about the marks? How do you think this came out? Read comments and post your comment here.

Registration 54

Registration Designs Design Law 54

43(B)log

JULY 3, 2023

Its cancellation petition for Zenú has been suspended during this litigation. Under Article 17 of the IAC, Industria needed to show, relevantly, that Latinfood’s interfering mark “may lead to error or confusion in the mind of the consumer” with respect to Industria’s commercial name. But the third statement was literally false.

False Advertising 59

False Advertising Advertising Advertising Registration 59

azrights

MARCH 10, 2022

When I started in business in 2004, I traded as Azrights Solicitors, a regulated law firm. Generally, the owners of regulated law firms have to pay 6 times their final annual premium if they close their business or die. I feel really sorry for the owners of regulated law firms. It wasn’t my ambition to grow a big business.

Business 52

Business Branding Brands Branding 52

LexBlog IP

APRIL 25, 2023

The court’s opinion offers guidance for employers facing confidential data breaches and hiring employees from competing firms. Failure to do so could result in costly and time-consuming litigation. Jacob Pritt is an associate in Jones Walker’s Labor & Employment Practice Group in New Orleans.

Confidentiality 40

Confidentiality Litigation Marketing Marketing 40

43(B)log

FEBRUARY 16, 2024

Second, the Lexmark court says, 43(a) has a proximate cause requirement: a plaintiff suing under § [43](a) ordinarily must show economic or reputational injury flowing directly from the deception wrought by the defendant’s advertising; and that that occurs when deception of consumers causes them to withhold trade from the plaintiff.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

APRIL 27, 2022

PG&E developed concerns about the fire risk associated with the -3 and -10 covers, fearing that if electrical equipment caught fire, the covers could cause a wildfire by melting and dripping on the ground below. However, the consulting firm excaped liability for failure to show that it was involved in the falsity.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

Plagiarism Today

AUGUST 11, 2021

According to the app tracking firms App Annie and SensorTower, Shein’s app even surpassed Amazon in the terms of downloads and has helped propel the company to a $15 billion valuation. That, in turn, is why fast fashion can be so similar to other designers’ works, become so popular and yet be so relatively free of litigation.

Plagiarism 263

Plagiarism Designs Design Copying 263

43(B)log

FEBRUARY 22, 2021

Peter Lee, UC Davis School of Law Autonomy, Copyright, and the Structure of Creative Production Theory of the firm would suggest more consolidation within the firm in creative industries than exists. Derek Miller: Historically, where does © affect the firm? Every year there are disputes, but never any litigation.

Copyright 40

Copyright Art Copying Editing 40

The IP Law Blog

MARCH 2, 2021

3, January/February 2021, by the American Bar Association. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. litigation in U.S.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

43(B)log

NOVEMBER 27, 2023

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. Along with state consumer protection claims, MK alleged that DNP was engaged in the unlawful practice of law under Illinois law. That wasn’t enough.

False Advertising 49

False Advertising Advertising Advertising Contracts 49

43(B)log

FEBRUARY 23, 2024

Leading case on distinctiveness, where Australian High Court lowered the distinctiveness bar—until it reached the high court, it was being litigated by a construction partner. So in litigation, no one says “the Office has done this 20 times before.” They function for the Amazon system but not in the minds of consumers.

Registration 59

Registration Branding Brands Branding 59

Erik K Pelton

JULY 28, 2020

Small businesses in general don’t have an association or a stable of lawyers to work on comments to proposals like these. For small businesses, the investment in trademark clearance and registration is even more important and more valuable, to guard them against the risks and expenses of trademark disputes and litigation.

Trademark 130

Trademark Business Social Media Reporting 130

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. Future immersive experiences will revolutionise the digital world, and the Metaverse firms are leading the way. According to Mr. Arun Jaitley v.

Trademark 84

Trademark Non-Fungible Tokens Branding Brands 84

43(B)log

AUGUST 11, 2022

Trademarks Trademark Free Riders Mike Grynberg Due to technical issues I was late to this but the basic argument is that plaintiffs often also free ride on the industry as a whole or other features of a product, along with the efforts of the public/associations that the public makes, and then try to appropriate the entire value to themselves.

IP 72

IP Copying Marketing Marketing 72

43(B)log

FEBRUARY 28, 2022

“At all times, Healthvana’s customers have not included end users of software or the Healthvana app, but rather governmental entities, healthcare firms, medical officers, laboratories, and employers.” Telebrands markets and sells “As Seen on TV” consumer household products via websites, phone numbers, and big box retailers.

False Advertising 64

False Advertising Marketing Marketing Branding 64

Technology & Marketing Law Blog

MARCH 28, 2022

The state’s false claim has several benefits to its litigation posture, including: The state can claim the law only affects “Big Tech,” even though the law likely reaches dozens or hundreds of other services who are never regarded as “Big Tech.” 20 is a non-partisan bill that protects consumer welfare.”

Social Media 105

Social Media Publishing Law Blogging 105

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Prior attempts to measure tarnishment: Buccafusco et al 2016 focused on porn parodies, found burnishing except among very conservative consumers. Asked consumers to rate and pick among Reese’s and Snickers. Possibly related to internet adoption.

Trademark 72

Trademark Copyright Branding Brands 72

Patently-O

APRIL 27, 2024

As an example, the American Bar Association (ABA) Model Rule 5.6(a) 1023, 1023-1035 (2010) (increases the number of patents, number of firm starts, and employment). The rule also cites separate finding that “the value of patents, relative to the assets of the firm, increases by about 31% when non-compete enforceability decreases.”

Patent 67

Patent Confidentiality Business Marketing 67

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

Despite this uncertainty, the judge flatly asserted: “The plaintiff trade associations represent all the Platforms covered by HB 20.” at 1737, and it is they—not the government—who seek to defend viewpoint-based censorship in this litigation.” ” How does the judge know that? It’s almost certainly false.

Social Media 137

Social Media Publishing Law Blogging 137