43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

False Advertising 99

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IPilogue

AUGUST 19, 2021

From the thrilling gold-medal finish of the women’s soccer team to Andre De Grasse becoming the first sprinter to bring home gold since 1996, there was no shortage of exciting moments for Canadians at Tokyo 2020. Penny Oleksiak made history as the country’s most decorated Olympian of all time. Another odd result is that certain marks (e.g.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

43(B)log

FEBRUARY 26, 2024

Lawmakers in New York City and New York State banned the sale of unfinished frames and receivers in 2020 and 2022, respectively. The advertising bit: Defendants allegedly misled New York customers into “believing that unfinished frames and receivers are legal workarounds to New York’s gun control laws, as well as federal law.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Ariix, LLC v. NutriSearch Corp., Employment.

Advertising 107

Advertising Advertising Contracts Social Media 107

43(B)log

DECEMBER 10, 2021

This allowed McCormick to advertise what seemed like an attractive lower price and charge more. Thus, for disgorgement of profits, a plaintiff need only show the defendant’s “sales of the allegedly falsely advertised products,” after which the burden shifts to the defendant to prove “any costs or deductions.” The court disagreed.

False Advertising 90

False Advertising Advertising Advertising Law 90

IP Intelligence

JULY 15, 2021

While the details of any particular case will imbue certain factors with more importance than others, more often than not, copyright plaintiffs are quick to note (and criticize) when defendants are for-profit entities and when the contested material is posted on a website that contains advertising – e.g., online news sites and social media.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

The IPKat

JULY 7, 2021

Late in May, a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws. you are not one of us! [An you are not one of us!*

Advertising 57

Advertising Advertising Branding Brands 57

IP Tech Blog

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

Advertising 57

Advertising Advertising Social Media Publishing 57

LexBlog IP

JULY 15, 2021

While the details of any particular case will imbue certain factors with more importance than others, more often than not, copyright plaintiffs are quick to note (and criticize) when defendants are for-profit entities and when the contested material is posted on a website that contains advertising – e.g., online news sites and social media.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. SoClean has submitted a de novo application for its latest product, which is under review.

Advertising 59

Advertising Advertising Marketing Marketing 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. Below, we review these notable developments and more from 2020. Biosimilar Approvals and Launches in 2020.

Settlement 52

Settlement Litigation Marketing Marketing 52

43(B)log

FEBRUARY 16, 2023

7, 2023) Navatar sued for state and federal false advertising, as well as commercial defamation, injurious falsehoods, unfair competition. Navatar Group, Inc. DealCloud, Inc., 2023 WL 1797266, No. 21-cv-1255 (SHS) (S.D.N.Y. The court dismissed the Lanham Act claim and declined to exercise subject matter jurisdiction over the remaining claims.

Advertising 59

Advertising Advertising False Advertising Marketing 59

IP Tech Blog

JULY 21, 2023

Last month, oil giant, Shell, was caught out again by UK regulator – the Advertising Standards Authority (“ ASA “) – for breaching its rules against making misleading environmental claims. Updated ASA guidance on environmental claims Earlier this year, the ASA updated its guidance on environmental claims in advertising.

Advertising 52

Advertising Advertising Business Blogging 52

IPilogue

MARCH 22, 2023

included a privacy statement that went through a few iterations (emphasis on alteration added in the complaint): Up to Dec 2020: “Rest assured—any information provided in this questionnaire will stay private between you and your counselor.” million – to customers whose health data was compromised.

Advertising 40

Advertising Advertising Privacy Settlement 40

43(B)log

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” But “[n]ot all commercial speech is promotional.” Prager Univ.

Advertising 64

Advertising Advertising False Advertising Copyright 64

DuetsBlog

OCTOBER 5, 2020

In case you missed it, here is my Trademark Nominative Fair Use of Another’s Logo post from March, leading up to the 2020 AIPLA Annual Spring Meeting. The post 2020 Midwest IP Institute in the Books appeared first on DuetsBlog ®.

Fair Use 59

Fair Use IP Trademark False Advertising 59

LexBlog IP

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

Advertising 52

Advertising Advertising Social Media Publishing 52

43(B)log

SEPTEMBER 13, 2021

2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. Lanham Act claim: Was this commercial advertising or promotion? C21-312 TSZ, 2021 WL 3930694 (W.D.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

LexBlog IP

JULY 21, 2023

Last month, oil giant, Shell, was caught out again by UK regulator – the Advertising Standards Authority (“ ASA “) – for breaching its rules against making misleading environmental claims. The ASA banned Shell from publishing the ad again. million households use 100% renewable electricity from Shell.

Advertising 52

Advertising Advertising Business Publishing 52

DuetsBlog

JUNE 15, 2020

Well, each of the three are called to mind in Rapala’s 2020 billboard ad campaign. Given the 2020 collection shown above, if you were Chuck Norris, WWCND ? The post Rapala Billboard Ad Collection for 2020 appeared first on DuetsBlog ®. Obi-Wan Kenobi , Chuck Norris , and a Walleye Sandwich have what in common?

Registering Trademarks 52

Registering Trademarks Trademark Branding Brands 52

43(B)log

DECEMBER 7, 2021

1, 2021) De Cortes, an 84-year old woman, worked for defendants/predecessors from 2003-2020 in their real estate business. In 2020, De Cortes obtained a Florida real estate sales associate license and asked if she could serve as a real estate agent for BIR. Defendants represent 170 owners of units in the Four Ambassadors.

Advertising 59

Advertising Advertising Confidentiality Business 59

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.” Champion v. Moda Operandi, Inc., 3d -, 2021 WL 4340670, No.

Advertising 64

Advertising Advertising Designs Design 64

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

43(B)log

NOVEMBER 19, 2021

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. Vacasa LLC, No. 6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. In Grubbs v. Sheakley Grp., 3d 785 (6th Cir.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

SEPTEMBER 9, 2021

2020 WL 9210739, No. 6, 2020) From the deepest depths of backlog: Tocmail alleged that Microsoft’s deceptive promotions of its cyber-security service, Safe Links, constituted false advertising and contributory false advertising. This wasn’t enough to state a claim for contributory false advertising. “[T]he

False Advertising 45

False Advertising Advertising Advertising IP 45

43(B)log

FEBRUARY 21, 2022

They plausibly alleged, with examples, lots of horsepower claims, and plausibly alleged that an ordinary person would understand these representations to mean that a treadmill’s in-home continuous horsepower matched the “CHP” value advertised.

Advertising 59

Advertising Advertising Contracts Law 59

43(B)log

FEBRUARY 9, 2022

In August 2020, Krikor discovered that Sports Mall had posted at least six of her photographs on its website and advertised the depicted items for sale on its site…. This alleged chutzpah triggered the false advertising element of the case. “[T]he False advertising under the Lanham Act: The court identified two theories. (1)

False Advertising 59

False Advertising Advertising Advertising Copyright 59

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

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. VFB alleged trademark infringement, and that the Vampiro Cocktail label’s claims that it is made from 100% agave and with grapefruit were false advertising that would tarnish and dilute VFB’s marks.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

43(B)log

OCTOBER 6, 2021

17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. The court says the usual not-good things about false advertising’s relationship to antitrust, unfortunately: Deceptive speech usually doesn’t violate antitrust laws. 17-md-2785-DDC-TJJ (D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Olartemoure Blog

DECEMBER 14, 2023

Between 2020 and 2023, in the U.S., In October 2020, the Department of Justice and eleven state attorneys general jointly filed a lawsuit against Google, aiming to curb the company’s monopolistic control in the search engines and search advertising markets. approximately seven lawsuits were filed against Big Tech.

Marketing 98

Marketing Marketing Advertising Advertising 98

43(B)log

MAY 24, 2021

Mary Kate Fernandez, The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps, 66 Loy. A striking passage on host selling: This advertising practice, illegal during children’s television programming, is fundamentally unfair to child consumers.

Advertising 40

Advertising Advertising Television Designs 40

43(B)log

SEPTEMBER 3, 2021

Plaintiffs purchased Ikon ski passes for the 2019-20 ski season but, due to the COVID-19 pandemic, Defendants closed their ski resorts on March 15, 2020.” 2020) and its progeny, everything but the CLRA claim for damages should be dismissed because these equitable claims were only available if legal claims failed. 3d 834 (9th Cir.

Contracts 59

Contracts Advertising Advertising Licensing 59

TorrentFreak

DECEMBER 22, 2023

Between 2019 and 2020, the man illegally streamed content owned by Canal+ which attracted 1.495 million visits, the broadcaster claimed. Arriving at an amount just over €7,177,000, the broadcaster tacked moral damages on top and demanded all advertising revenue generated by the man during the 2019-2020 period; roughly €29,900, give or take.

Advertising 89

Advertising Advertising Copyright 89

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce. 16, 2020) ( [link] ). [7]

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Trademark Registration Intellectual Property Litigation 40