Technology & Marketing Law Blog

DECEMBER 19, 2021

1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. Luxy appeared first on Technology & Marketing Law Blog.

Advertising 106

Advertising Advertising Settlement Trademark 106

Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v.

Advertising 105

Advertising Advertising Settlement Trademark 105

Technology & Marketing Law Blog

JANUARY 8, 2024

That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Trademark 78

Trademark Advertising Advertising False Advertising 78

Technology & Marketing Law Blog

AUGUST 17, 2021

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. What are “marketing rights”??? 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. –Adler v McNeil appeared first on Technology & Marketing Law Blog.

Advertising 81

Advertising Advertising False Advertising Trademark 81

Technology & Marketing Law Blog

MARCH 13, 2022

1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. Groupon appeared first on Technology & Marketing Law Blog.

Trademark 79

Trademark Advertising Advertising Settlement 79

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

So by the time the court says “the parties are vying for users in the same ‘market,'” you know that the judge has lost the thread. How can Troia vie for a “market” when the court already said he “is not offering a good or service”??? .” So why wasn’t that dispositive?

False Advertising 97

False Advertising Advertising Advertising Trademark 97

Technology & Marketing Law Blog

JANUARY 24, 2024

If anything, the Second Circuit musings give the parties more to fight over, rather than providing enough clarity to estimate the Coase Theorem entitlement and facilitate a settlement. I’d love to see an accounting of the time and money the parties have spent on this litigation. Case citation : JLM Couture, Inc. Christou v.

Social Media 79

Social Media Ownership Designs Design 79

Technology & Marketing Law Blog

MAY 22, 2023

Nor can it be said to show that Defendants’ marketing strategy made confusion likely. 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.

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. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v.

Trademark 106

Trademark Advertising Advertising Blogging 106

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Marketing channels. The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. ” Every sex worker just took massive umbrage at the judge’s condescending stereotypes about the role of online marketing in their financial and safety decisions.

Advertising 98

Advertising Advertising Trademark Settlement 98

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” The one actually litigated in the case (these images come from the complaint) is here.) Factual and Procedural Background. 3d 1194 , 1196 (9th Cir. b)(4)(i)(A) (2011).

Registration 76

Registration Blogging Copyright Designs 76

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 Second , it has been argued that the court merely espoused the settled principles of trademark law that ‘common’ names and phrases cannot be monopolized.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52