LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

The TTABlog

JUNE 21, 2021

Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. However, Barnard's proofs showed only that he advertised his services but not that he rendered the services.

Advertising 52

Advertising Advertising Service Mark Branding 52

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

LexBlog IP

FEBRUARY 28, 2023

The regulators’ enhanced focus in this area is reflective of Australian consumers’ increasing demand for ethical and sustainable business practices, and business’ increasing marketing and advertising of their credentials in these areas in response.

Marketing 52

Marketing Marketing Business Branding 52

Plagiarism Today

AUGUST 12, 2021

Harrison/Erickson created the original costume in 1978 and licensed its use until 2019, when negotiations broke down. 3: Advertising Fuels $1.34 Billion Illegal Piracy Market, Report by Digital Citizens Alliance and White Bullet Finds. billion annually through advertising. billion annually through advertising.

Advertising 246

Advertising Advertising Reporting Licensing 246

LexBlog IP

DECEMBER 3, 2021

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Instead, it provides a useful framework to enhance businesses’ understanding of their obligations when conducting in-game advertising. It is worth noting that this Guidance has not amended the Codes.

Advertising 52

Advertising Advertising Publishing Government 52

TorrentFreak

FEBRUARY 29, 2024

In the United States, the formation of the Trustworthy Accountability Group (TAG) in 2015 saw advertisers and advertising agencies come together to clean up the system and prevent ad revenue from reaching pirate sites. still aims to defund pirate sites and protect advertisers from undesirable associations.

Advertising 98

Advertising Advertising Branding Brands 98

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. And the exclusion also withdrew coverage for all related forms of marketing. about your goods, products or services”).

Advertising 64

Advertising Advertising Settlement Contracts 64

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” 1117(a)(2), a successful false advertising plaintiff can recover the costs of any completed advertising that actually and reasonably responds to the defendant’s offending ads.’” Id.

False Advertising 45

False Advertising Advertising Advertising Copying 45

Olartemoure Blog

DECEMBER 14, 2023

This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dominant market position.

Marketing 98

Marketing Marketing Advertising Advertising 98

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. 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? However, the results are consistent with each other.

Trademark 78

Trademark Advertising Advertising False Advertising 78

IPilogue

NOVEMBER 18, 2022

The success of Ye and Adidas’ co-branding partnership demonstrates how cross-licensing IP, including industrial designs and trademarks, can be a strategic marketing scheme to tap into different markets or classes of consumers. Remedies for breach of such clauses include corrective advertising, damages, and contract termination.

Business 131

Business Contracts Branding Brands 131

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. Then, in Liapes v. Musk has bridged that gap. unless you are a Nazi or wannabe.

Law 102

Law Social Media Advertising Advertising 102

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

Law 52

Law Copyright Television Copyright Infringement 52

TorrentFreak

MAY 26, 2022

For many image conscious consumer-orientated businesses, a key to commercial success lies in carefully calibrated branding and marketing. Thousands of pirate sites rely on advertising to generate revenue but entertainment companies are keen to highlight the downsides of dealing with them. That might be a problem.

Advertising 128

Advertising Advertising Branding Brands 128

43(B)log

FEBRUARY 7, 2022

Vohra Wound Physicians” is used to refer to their physician practice groups in marketing materials and in contracts with facilities. During parts of 2018 and 2019, defendants offered payments to their physicians to promote the supply program to facilities.

Advertising 59

Advertising Advertising False Advertising Contracts 59

TorrentFreak

JANUARY 19, 2024

Among them were uhuseries.com, owlserieshd.com, and ahaseries.com, relatively popular streaming platforms targeting the Thai market. ACE Partners With TrueVisions According to ACE, the Uhuseries.com network of sites had been running since 2019, attracting an average of 1.3 2) Responsive Design with VIP membership system.

Advertising 90

Advertising Advertising Intellectual Property Editing 90

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

TorrentFreak

OCTOBER 30, 2021

These overviews provide input for the USTR’s annual notorious markets overview, where sites such as The Pirate Bay, Fmovies and Uploaded have appeared as repeat offenders. Not everyone agrees that YouTube downloaders and domain registrars are piracy havens, and adding advertising companies is seen as a controversial step as well.

Advertising 124

Advertising Advertising Reporting Copyright Infringement 124

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 85

Litigation Contracts Advertising Advertising 85

Trading Secrets

FEBRUARY 5, 2024

In the summer of 2019, while the parties were negotiating a distribution agreement, Aegis terminated its relationship with Life Spine, a decision Life Spine described as “abrupt.” Aegis would receive ProLift devices on loan in order to demonstrate them to prospective customers.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. Uber Technol., 20-cv-2320 (PKC) (S.D.N.Y.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

The IPKat

FEBRUARY 17, 2023

The e-commerce platform Amazon offers an affiliate marketing programme called Amazon Associates. Background The case concerned affiliate marketing on www.schlafbook.de. Of interest was a ranking on the site in 2019 of the supposedly three best mattresses of that year. The website deals with sleep and mattresses.

Advertising 70

Advertising Advertising Business Designs 70

LexBlog IP

FEBRUARY 5, 2024

In the summer of 2019, while the parties were negotiating a distribution agreement, Aegis terminated its relationship with Life Spine, a decision Life Spine described as “abrupt.” Aegis would receive ProLift devices on loan in order to demonstrate them to prospective customers.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

The IPKat

MARCH 24, 2023

In 2019, the revocation request was granted with respect to all three classes. Because under Paragraph 8 of the Drug Advertising Act (HWG), Gufic was not allowed to advertise its products in Germany, it could not demonstrate ‘use’ of the trademark to attract customers. This is especially so if advertising would be illegal.

Trademark 85

Trademark Advertising Advertising Trademark Law 85

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. In addition to rights of the author, German copyright law also recognises related rights.

Related Rights 52

Related Rights Law Copyright Copying 52

Technology & Marketing Law Blog

JANUARY 22, 2022

” Market Effect. “there is no danger that the Dubtown Video will usurp the market for which Watch Tower intends its works. 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). Other Blog Posts on 512(h). Maximized Living v.

Fair Use 129

Fair Use Copyright Infringement Marketing Marketing 129

LexBlog IP

MARCH 18, 2022

The Federal Trade Commission (FTC) has a long history of addressing issues involving cigarettes and tobacco, often in the advertising context. Is the goal here to have consumers talk about the topic of the day – e-cigarette marketing and youth uptake? There was also a dramatic shift in sales of flavored cartridges.

Reporting 52

Reporting Advertising Advertising Settlement 52

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

LexBlog IP

FEBRUARY 27, 2023

The recent announcement that the self-regulated Australian Association of National Advertisers’ ( AANA ) will be undertaking a review of the AANA Environmental Claims Code ( Environmental Code ) follows the growing community concern about the environment, increased sustainability claims and climate change.

Advertising 52

Advertising Advertising Intellectual Property Business 52

TorrentFreak

NOVEMBER 30, 2022

By recording the latest movies directly from the silver screen using concealed devices, ‘cammers’ fuel the illicit piracy market that thrives during the first few days of a film’s initial release. TGx is an open platform with an active and lively community, a relative rarity in today’s streaming-dominated market.

Cinema 126

Cinema Intellectual Property Copying Government 126

IPilogue

MARCH 6, 2023

In May 2019, Louboutin sued Eizo under the Unfair Competition Prevention Law, seeking a permanent injunction against Eiko’s production of red-soled high heels and damages of approximately CAD 43,500. The court also took issue with Louboutin’s market research. Eizo”), to shut down Eizo’s use of red soles on high-heeled shoes.

IP 59

IP Branding Brands Branding 59

BYU Copyright Blog

OCTOBER 17, 2022

In the Complaint, Bowers argues that the Defendants “took Plaintiff’s copyrighted Work without a proper license in order to nationally advertise, market, and promote its business activities across the Kansas City, Missouri area.” The use of the Work on the College's graphic design department website was allegedly discovered in 2019.Bowers

Graphic Design 52

Graphic Design Settlement Advertising Advertising 52

Technology & Marketing Law Blog

DECEMBER 31, 2021

2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). The post Twitter Can’t Quash a 512(h) Subpoena appeared first on Technology & Marketing Law Blog. Other Blog Posts on 512(h). Did a Court Eliminate 512(h) Subpoenas?–Maximized

Fair Use 110

Fair Use Blogging Marketing Marketing 110

43(B)log

MARCH 10, 2023

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. First, nominative fair use permits only the “truthful use of a mark.” Toyota, 610 F.3d 3d at 1177. Use of the mark with the words “compliant,” “legal,” and “meets.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

43(B)log

JUNE 14, 2022

May 27, 2022) Previously, the district court found that AB’s anti-Miller/Coors campaign was false advertising “to the extent it was designed to mislead consumers into believing corn syrup remained in Miller Lite and Coors Light products after the brewing process was completed.” USA, LLC v. Anheuser-Busch Cos.,

False Advertising 72

False Advertising Advertising Advertising Marketing 72