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Special Report on

False Advertising and Trademark

false advertising and trademark special research report Photo by www.proskauer.com
"Any advertising or promotion that misrepresents the nature, characteristics, qualities or geographic origin of goods, services or commercial activities" ( , 15 U.S.C.A. § 1125(a)). To establish that an advertisement is false, a plaintiff must prove five things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; (3) the deception is also likely to affect the purchasing decisions of its audience; (4) the ...
or applied to the stump of a tree, or broadcast or used in the cut-stump treatment as a forestry herbicide. Initially patented and sold by Monsanto Company in the 1970s under the tradename Roundup , its U.S. patent expired in 2000. Glyphosate is the most used herbicide in the USA. 1 In the US, 5-8 million pounds [2.5 to 4 kilotonnes] are used every year on lawns and yards and 85–90 million pounds are used annually in US agriculture. 1 Glyphosate's mode of action is to inhibit an enzyme involved in the synthesis of the aromatic amino acids : tyrosine , tryptophan and phenylalanine . It is absorbed through foliage and ...
REVIEWS AND OPINIONS
The DMCA Safe Harbor Provision Is Stronger Than Ever | Current ...
Even as the economy continues to slowly recover from this recession, online sales are still booming, accounting for more than $200 billion over the past year. as the marketplace shifts from the sales counter to the desktop, counterfeiting, and software piracy has also shifted to the virtual world. For copyright and trademark owners, this ... market research, surveys and trends
Tiffany v. eBay, Revisited : IP Law Blog : California Intellectual ...
The United States Court of Appeals for the Second Circuit issued an opinion on April 1, 2010 that provides a compass for companies like eBay to navigate the murky waters of trademark infringement in the e-commerce marketplace. Tiffany & Co. v. eBay Inc., No. 08- 3947 (2d Cir. April 1, 2010) eBay has repeatedly made headlines for strategic growth, changing the online sales landscape since its inception in 1995. Through combinations with PayPal, Skype and others, eBay has dominated a variety of online industries. In 2009, eBay had approximately 100 million listings, and goods sold every second on the website equaled ... market research, surveys and trends

SURVEY RESULTS FOR
FALSE ADVERTISING AND TRADEMARK

Duets Blog : Survey Evidence
              VS.          Almost four months ago now, I blogged about the filing of the Gatorade v. Powerade false advertising and trademark dilution lawsuit, here . At the time, some called Gatorade's false advertising claims " dubious " and others chided Gatorade for biting Powerade's bait to file suit. Advertising Age has now reported about the recent court ruling addressing Gatorade's request for an emergency preliminary injunction, here . For those of you who have been looking for a copy of the ... industry trends, business articles and survey research
Commentary: Advertiser's guide to false advertising and how to ...
What is it?Advertisers who don't tell the truth about their products or their competitor's products often have to come up with more than I'm sorry, when they are caught. False advertising is, in essence, exactly what the name implies: the passing off of goods or services (yours or a competitor's) as something or someone's they are not. It is the usurpation of good will and sales by unfair means. False advertising is prohibited and actionable under federal law and by various state statutes which prohibit deceptive trade practices and unfair competition. The Federal Trade Commission, competitors and - in ... industry trends, business articles and survey research
RELATED NEWS
The DMCA Safe Harbor Provision Is Stronger Than Ever
Even as the economy continues to slowly recover from this recession, online sales are still booming, accounting for more than $200 billion over the past year. As the marketplace shifts from the sales counter to the desktop, counterfeiting, and software piracy has also shifted to the virtual world. For copyright and trademark owners, this creates a constant stream of newly evolved infringing activities to monitor. Although intellectual property owners have sought to hold online service providers liable for the infringing activities of their users, courts have repeatedly found them not liable so long as they adhere to the ... market trends, news research and surveys resources
Naked Cowboy Slaps Leather at Naked Cowgirl
      MANHATTAN (CN) - The Naked Cowboy, an underwear-clad, guitar-toting fixture in Times Square, has sued the Naked Cowgirl, claiming she is trying to "cheat the system" by performing on his beat in "virtually identical" costume - though she also wears a "brazier." "Each day she goes into Times Square, she is cheating a system that is supposed to protect intellectual property rights. This is not fair and is un-American," the Naked Cowboy says in his federal trademark complaint.      The Naked Cowboy, aka Robert John Burck, has become a ... market trends, news research and surveys resources

INFORMATION RESOURCES

AMERICAN BAR ASSOCIATION
Jun 11, 2010 ... Complaint alleging false advertising and trademark infringement under the Lanham Act and New. Jersey Consumer Fraud Act fled in the U.S. ... technology research, surveys study and trend statistics
Civil Jury Instructions
The trademark laws balance three often-conflicting goals: 1) protecting the public from being misled about the nature and source of goods and services, so that the consumer is not confused or misled in the market; 2) protecting the rights of a business to identify itself to the public and its reputation in offering goods and services to the public; and 3) protecting the public interest in fair competition in the market. The balance of these policy objectives vary from case to case, because they may often conflict. Accordingly, each case must be decided by examining its specific facts and circumstances, of which you are to judge. technology research, surveys study and trend statistics
Pop Goes The Trademark? Competitive Advertising on the Internet ...
The rights and obligations of online advertisers are uncertain in light of recent technological developments. There is not yet a consensus regarding the application of existing advertising law doctrines to the use of trademarks to trigger search result ads or �pop-up� ads on the Internet. However, the developing majority position will allow trademark-triggered ads that properly identify their source, and who�s content is not confusing to consumers. In addition, pending legislation may restrict or even outlaw adware. Introduction Internet Advertising: Technologies and Business Models Standards for FTC Review of Internet ...
REAL TIME
FALSE ADVERTISING AND TRADEMARK
  1. profile image IPLawToday Mal pros case against Manatt re Princess Diana/Franklin Mint trademark and false advertising claims will go forward. http://tiny.cc/metzg
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QUESTIONS AND ANSWERS
Google Answers: Legality of using your competitors name in direct ...
What is the legality of using your competitors name in advertising. If a competitor and my company are reselling the same product, can I say, "The widget is priced at $9.99. Our competitor, XYZ Corp, sells the same thing for $12.95. You save $2.96 if you buy from us instead of XYZ". So long as the products are identical (unlike, say, Tide compariing it's product to Wisk), can't I use that direct comparison so long as I have proof that they advertise at a higher price (catalog, flyers, price lists)... ? macecase-ga, Thanks for your question. The notion of "fair use" is well established in intellectual ...
Is Google fair
I having been doing this for the past 8 months with CTR of 30% + Top position and costs at around $0.01 - $0.02 a click. This Trademark keyword gets around 120,000 impressions worldwide each day, The past few months my clients Trademark has been targeted by at least 3 Chinese scam sites. Their adverts are 1 or more of the following - 1. False advertising. 2. Contain the variations of the trademark, 3. Incorrect URLs ( They actually put my clients URL as the display url. These means my legitimate, authorized advert will not show for THEIR TRADEMARK) 4 Multiple adverts for the same scam site. This then pushes my advert to position ...