Trademark Infringement is a sticky subject online. Our first blog talked about Twitter and trademark infringement and today I want to address trademark infringement in relation to affiliate marketing

Affiliate Marketing is a process that rewards a blog or website for every customer that is brought to the company (the affiliate) that blog or website is promoting. The goal of the affiliate marketer is to bring visitors to the affiliate’s website in efforts to sell the affiliate’s products or services. Affiliate marketers will try numerous things in efforts to market these products or services in efforts to make money. In the past there have been lawsuits brought against marketers like this due to improper claims they were making about a product or service, who endorsed it, and if it worked. 

In August, a complaint like this was filed against not only the affiliate marketers but the affiliate as well. The claim is that the affiliate should be monitoring any and every marketing vehicle and message that is used in relation to its product.Continue Reading Affiliate Marketing

              VS.          powerade-ad-ion4.jpg

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 court’s interesting 54-page decision, it is available, here.

As you will see, the Court’s opening paragraph telegraphed its critical view of Gatorade’s claims:

This is a case about an advertising battle between two major consumer products companies over one company’s comparison of its beverage to human sweat. That company advertises its beverage by promoting its inclusion of certain electrolytes contained in sweat, and its competitor wants it to stop.

In short, G got an F in the courtroom. First, G failed to prove that any of the challenged statements were false or establish it was entitled to the requested emergency injunctive relief while the case works its way toward trial. Second, U.S. District Judge John G. Koeltl also found “frivolous” certain of G’s arguments relating to alleged irreparable harm. Last, G appeared to frustrate the Court by ignoring it made similar advertising statements about its own Gatorade Endurance Formula product, as late as a week before filing suit against Powerade. The “pot calling the kettle black” never plays well in the courtroom. I wonder who is doing the sweating now.Continue Reading G gets an F in the Courtroom: The Gatorade v. Powerade Case