Technology & Marketing Law Blog

NOVEMBER 28, 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. 1-800 Contacts. * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

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Advertising Advertising False Advertising Trademark 106

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. 1-800 Contacts. * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

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Advertising Advertising Settlement Trademark 109

Technology & Marketing Law Blog

AUGUST 30, 2023

The litigants directly compete. Nurses who have used the plaintiff’s program in the past or who heard of it through word of mouth, for example, may search the trademarked name on Google and find the defendant’s website instead of the plaintiff’s website. ” Relatedness of goods. Mark similarity.

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Advertising Advertising False Advertising Trademark 90

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. 1-800 Contacts * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

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Advertising Advertising False Advertising Trademark 87

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. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

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Technology & Marketing Law Blog

JULY 25, 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. 1-800 Contacts. * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

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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. 1-800 Contacts. * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

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Trademark Advertising Advertising Settlement 84

Technology & Marketing Law Blog

AUGUST 17, 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. 1-800 Contacts. * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

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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. Kravitz An Update on PhoneDog v.

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The IP Law Blog

MARCH 2, 2021

When settlement discussions proved fruitless, Romag sued. 10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes. The Court found the argument intriguing but problematic.

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Intellectual Property Contracts Trademark Trademark Law 52

Technology & Marketing Law Blog

SEPTEMBER 9, 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. 1-800 Contacts. * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

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False Advertising Advertising Advertising Trademark 102

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. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

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Advertising Advertising False Advertising Trademark 110

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.

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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. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. LBF (& Vice-Versa). * Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v.

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Technology & Marketing Law Blog

MARCH 7, 2022

The one actually litigated in the case (these images come from the complaint) is here.) The legislative history indicated that 411(b) was one of “a number of changes to copyright and trademark law that will enhance the ability of intellectual property rights holders to enforce their rights.” b)(4)(i)(A) (2011).

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LexBlog IP

JULY 21, 2021

Second , it has been argued that the court merely espoused the settled principles of trademark law that ‘common’ names and phrases cannot be monopolized. The same assumption would also extend to other demi-gods, saints, prophets of all the religions taking the total ban tally to an astronomical figure. 17 U.S.C. §

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Intellectual Property Invention Trademark Copyright 52