Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 103

Law Social Media Advertising Advertising 103

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents.

Registration 112

Registration Fair Use Copyright Designs 112

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The information was brought to the notice of RealReal by Chanel in 2018, who asked for substantial additional information in response.

Branding 52

Branding Brands Branding False Advertising 52

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The information was brought to the notice of RealReal by Chanel in 2018, who asked for substantial additional information in response.

False Advertising 52

False Advertising Branding Brands Branding 52

Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. EL’s friend Jane provided some financing to develop and test the prototype, and also gave EL marketing advice, but did not contribute directly to the technical development. His first prototype testing occurred in 2018 and continued up until the end of 2019.

Patent Law 77

Patent Law Law Patent Patent Application 77

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

OCTOBER 24, 2023

In 2018, in anticipation of a reunion tour, the three filed an application to register the service mark “JADE” for “Entertainment services in the nature of live musical performances” and related services. Reed objected, claiming to own “equal ownership and rights” to the Jade name and also claiming violation of her right of publicity.

False Advertising 59

False Advertising Ownership Service Mark Advertising 59

43(B)log

SEPTEMBER 11, 2023

It first expanded into Austin in 2018. Section 43(a) reaches more broadly; the court here applies Lexmark to both false advertising and trademark claims. Plaintiff also pointed to numerous calls it received from confused consumers as evidence that the callers assumed that it was the sole source of the advertising.

Advertising 69

Advertising Advertising Marketing Marketing 69

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” Whole Foods Market Service, Inc., ” * RVC Floor Decor, Ltd. Floor and Decor Outlets of America, Inc., 2021 WL 1163117 (E.D.N.Y.

IP 85

IP Social Media Fair Use Branding 85

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 59

Social Media Marketing Marketing Advertising 59

The IPKat

DECEMBER 19, 2022

In 2018, Agrarfrost GmbH & Co. Nonetheless, despite such common knowledge, it was apparent from the market study that was submitted by the Intervener that there were practically no products designed in an identical or similar manner by third parties during the relevant period.

Television 117

Television Advertising Advertising Designs 117

IP and Legal Filings

SEPTEMBER 2, 2021

Trademarks, industrial designs, and domain names are examples of IPs interrelated to multiple aspects of the Olympic games. This implies that the Treaty prevents the usage of the Olympic symbol on any goods, advertisements or websites that are unaccredited by the IOC. This Olympic torch was protected as an industrial design.

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 52

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. 2018) (cleaned up), or at least the test changes depending on the situation.

False Advertising 59

False Advertising Advertising Advertising Business 59

IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. 2] Novartis v.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

TorrentFreak

NOVEMBER 8, 2021

. “In the case of an April 2019 attack on a synagogue in San Diego, for example, the perpetrator allegedly both drew inspiration for the attack from 8chan forums and used the site to advertise his actions and garner more attention from likeminded users. Coincidentally, or perhaps not, the MPA is also a financial contributor to the ICLE.

Privacy 131

Privacy Law Copyright Copyright Infringement 131

Technology & Marketing Law Blog

MAY 27, 2022

Whoever that 1 defendant is in this case (my view: the advertisers on Backpage who uploaded the ads), it sure isn’t a downstream vendor like Salesforce. s trafficker would eventually place the advertisements trafficking G.G.), s trafficker would eventually place the advertisements trafficking G.G.),

Blogging 123

Blogging Publishing Advertising Advertising 123

LexBlog IP

MARCH 16, 2023

Over the years, the FTC has issued many 6(b) studies, ranging from the annual studies of cigarette and tobacco marketing to a 2021 study on internet service provider privacy issues to a 2018 study on mobile security issues. Second, the substance Two items were on the agenda today, and they both involve FTC 6(b) studies.

Social Media 52

Social Media Reporting Journalism Advertising 52

azrights

MAY 10, 2022

Compumark an industry leader in trademark research and protection reported in 2020 that trademark infringement is rising year on year with 85% of brands experiencing trademark infringement in the previous year, showing a steady upward trend from 81% in 2018 and 74% in 2017. Not understanding marketing. Business is hard.

Business 98

Business Branding Brands Branding 98

LexBlog IP

JULY 21, 2021

It outlines trends, data and legal rights pertaining to patents, trade marks, designs, plant breeder rights ( PBR ) and copyright. Design certifications remained generally stable (with a small decrease) in 2020. Class 35 Advertising (14 370) +3. Design Right Applications, Registrations and Certifications. Key players.

Reporting 52

Reporting IP Patent Application Registration 52

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. So too with its marketing communications to doctors and patients.

Advertising 59

Advertising Advertising Marketing Marketing 59

LexBlog IP

JANUARY 25, 2023

The DSA is a key development in the use of online services in the European Union (“ EU ”), with an impact on online services as significant as the one which the General Data Protection Regulation (“ GDPR ”) had upon the collection, use, transfer, and storage of data originating in the EU on 25 May 2018.

Social Media 52

Social Media Advertising Advertising Settlement 52

43(B)log

SEPTEMBER 1, 2021

Pennsylvania alleged, that in connection with the marketing, distribution, and sale of their products, certain defendants prepared and distributed material safety data sheets (MSDSs), which are documents used by manufacturers of hazardous materials to address OSHA hazard communication requirements. Commonwealth by Shapiro v.

Advertising 59

Advertising Advertising Litigation Designs 59

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Technology & Marketing Law Blog

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” Publisher/Speaker Claims.

Blogging 88

Blogging Social Media Editing Designs 88

Technology & Marketing Law Blog

DECEMBER 12, 2021

These “bad design” arguments to work around 230 have been rejected repeatedly. Based on the facts alleged, there is no reason to believe that even if Schmidt’s estranged husband had not purchased a gun from a person who posted an advertisement on the Armslist website, Schmidt would still be alive. Negligence.

Copyright Infringement 116

Copyright Infringement Publishing Designs Design 116

Technology & Marketing Law Blog

APRIL 27, 2022

There, faced with almost identical facts, the court held that craigslist was entitled to § 230 immunity because craigslist only acted as a publisher by providing subsections titled “adult services” or “erotic services” and by failing to verify the age of the person being advertised or the identity of the poster. 230’s Immunity.

Blogging 105

Blogging Law Publishing Editing 105

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

The IPKat

JANUARY 14, 2022

In 2019, after spotting a perfume product in China’s market highly similar to its classic N°5 perfume, Chanel took a ‘notarization-throughout purchase’ online and located the alleged infringing product shown below on the right. The side-by-side comparison captures several common features.

Law 142

Law Branding Brands Branding 142

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up.

Trademark 52

Trademark Branding Brands Branding 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. December 14, 2018. Biosimilar Approvals and Launches by Year.

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. It then received fast strack designation, which allowed it priority review, and filed an NDA for Valtoco in 2018; this was pending at the time of the operative complaint.

Designs 56

Designs Design Patent Prosecution Art 56

The IPKat

FEBRUARY 23, 2023

An appeal in 2018 failed to dodge this finding by trying to argue that the registration was a series of marks (see Volume 5 ). It also noted that offers for sale and advertising were ways of using a trade mark, and this is precisely what the trade mark owner has directed at EU consumers.

Registration 76

Registration Advertising Advertising Law 76

SpicyIP

FEBRUARY 13, 2023

Delhi High Court clarifies that for “lack of novelty” to be used as a defence against a Design infringement claim, the lack of novelty is to be seen as on the date of registration of design and not thereafter. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

43(B)log

OCTOBER 31, 2022

In 2018, CasperLabs asked Zamfir to collaborate on developing a new blockchain. He alleged that his work on Casper has brought him attention and material rewards. This wasn’t just from the prior relationship.

Registration 59

Registration Trademark Ownership Marketing 59

Technology & Marketing Law Blog

MAY 28, 2022

these features demonstrate that craigslist materially contributed to the advertisements L.H.’s Marriott appeared first on Technology & Marketing Law Blog. The plaintiff’s. According to L.H., s traffickers posted of her on the platform. The court says this is not enough to get around Section 230. For example, L.H.

Blogging 110

Blogging Publishing Confidentiality Editing 110

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The authors also look to lawmakers at the federal and state levels, who considered a variety of legislative proposals relating to biologics and biosimilars designed to improve patient access, encourage commercialization, and reduce costs. Biosimilar Regulatory Updates.

Settlement 40

Settlement Licensing Designs Design 40

Technology & Marketing Law Blog

JANUARY 18, 2022

trafficking when they enter into agreements with traffickers to share proceeds of advertisement revenue earned from child pornography videos posted to their websites, and actively employ tactics to make it difficult for law enforcement to locate traffickers. The complaint enumerates specific videos of the plaintiffs. Ruling #1: A.B.

Blogging 121

Blogging Reporting Publishing Law 121