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

LexBlog IP

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Social media platforms.

Branding 52

Branding Brands Branding Social Media 52

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 86

Trademark Social Media Advertising Advertising 86

Above the Fold

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. Key takeaways include: Endorsements should make obvious the existence of material connection with brand.

Social Media 52

Social Media Branding Brands Branding 52

Corsearch

APRIL 19, 2023

With Gen Z ambivalent on the cost of counterfeiting to legitimate brands – and often actively seeking fakes out – how can brands educate consumers about their societal harms? Typically defined as people born between 1997 and 2012, Gen Z are seen by many brands as the number one audience to connect with online.

Branding 40

Branding Brands Branding Social Media 40

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products. While Ye’s company, Mascotte Holdings Inc.

Business 131

Business Contracts Branding Brands 131

LexBlog IP

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. Key takeaways include: Endorsements should make obvious the existence of material connection with brand.

Social Media 52

Social Media Branding Brands Branding 52

TorrentFreak

JANUARY 24, 2023

When BBB fans aren’t glued to their TVs waiting for the drama to unfold, many can be found on social media, usually speculating about what comes next, based on what they’ve just seen. For example, there is an impact on the attractiveness of audiovisual products for the advertising market,” it reads.

Reporting 130

Reporting Social Media Advertising Advertising 130

The TTABlog

APRIL 22, 2024

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). Hostess Brands, LLC v. million for the years ended December 31, 2022, 2021 and 2020 respectively.

Branding 44

Branding Brands Branding Social Media 44

The TTABlog

JANUARY 6, 2022

87627828 (January 3, 2022) [not precedential] (Opinion by Judge Christopher Larkin). 88933368 (January 4, 2022) [not precedential] (Opinion by Judge Jonathan Hudis). 90114652 (January 4, 2022) (Opinion by Judge Linda A. Here are the first three TTAB decisions of the new year in appeals from Section 2(d) refusals. No hints today.

Social Media 62

Social Media Advertising Advertising Music 62

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

JANUARY 26, 2024

Restrictions on advertising vegan products as meat survives First Amendment challenge because the court accepts the state’s interpretation that it only applies to “misleading” marketing, which the court says is outside the First Amendment. Strain, No. 22-30236 (5th Cir. In re Arthur J. 3d 573 (N.D. Houston v.

Social Media 73

Social Media Privacy Advertising Advertising 73

43(B)log

MAY 2, 2022

WGACA, LLC, 2022 WL 902931, No. 28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Chanel, Inc. 2253 (LLS) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

NOVEMBER 28, 2022

2022 WL 17218077, No. 2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. Thus, Monster argued that the survey only tested responses to Bang cans and labels, rather than the entirety of Vital’s advertisements. Monster Energy Co.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Trading Secrets

MARCH 22, 2022

2022), the Second Circuit held that JLM Couture’s non-compete was enforceable through New York’s oft-overlooked “uniqueness” exception. While the contract was originally to run through 2016, the parties extended the agreement through August 1, 2022. Cohen , 173 F.3d 3d 63 (2d Cir. In JLM Couture, Inc. Gutman , 24 F.4th 4th 785 (2d Cir.

Social Media 59

Social Media Contracts Confidentiality Business 59

43(B)log

APRIL 26, 2022

2022 WL 1028024, No. Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States. MaxRelief USA, Inc.,

Television 72

Television Social Media Advertising Advertising 72

IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. If such content is not taken down within the prescribed time, the social media intermediaries would be liable for the same. 2] CS (COMM) 819 of 2022. [3] 893 of 2002 (Del) (India). [2]

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

LexBlog IP

OCTOBER 4, 2022

On October 3, 2022, the Securities and Exchange Commission announced charges against Kim Kardashian for violation of the anti-touting provision of the Securities Act, Section 17(b), specifically for “touting on social media a crypto asset security offered and sold by EthereumMax without disclosing the payment she received for the promotion.”

Social Media 52

Social Media Intellectual Property Business Registration 52

IP Tech Blog

JANUARY 23, 2023

The Advertising Standards Authority (“ ASA ”) has issued its first ruling under the new rules that prohibit gambling ads with “ strong appeal ” to under-18s, providing a useful example as to how the new rules will be applied. together with the “ Ladbrokes ” brand in the image box.

Advertising 62

Advertising Advertising Social Media Marketing 62

TorrentFreak

OCTOBER 8, 2022

Still fresh after obtaining a judgment worth more than half a billion dollars against an IPTV seller in May, DISH quickly filed a new lawsuit against the alleged operators of PrimeStreams, one of the most recognizable brands in the market. The complaint alleges that through his KTV brand, Everly was one such reseller.

Cease and Desist 89

Cease and Desist Branding Brands Branding 89

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Ultimately, the California enforcers reached a financial settlement with the clothing brand that includes injunctive terms governing future conduct. Takeaway No.

Social Media 52

Social Media Privacy Advertising Advertising 52

The IPKat

JANUARY 2, 2022

The well-known company was sued in a California federal court last year for using photos Schroeder took of Sumida posing next to a Volvo S60 as part of a "global advertising campaign" on Instagram without her permission. Julie Zerbo tells the rest of the story on The Fashion Law.

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

43(B)log

FEBRUARY 18, 2022

Traditional advertising can change firsthand consumer impressions, both pre and post experience—telling consumers coffee isn’t bitter makes their impressions of bitterness change, etc. If it’s cheaper to compete on subjective brand characteristics than on other metrics of quality, then producers will do that.

Copyright 69

Copyright Business Branding Brands 69

The IPKat

JUNE 13, 2022

Despite the uncertainty around the long-term success of NFTs, we have certainly seen a “land grab” from brands filing trade marks, including ITV (for LOVE ISLAND), Heineken and even The Empire State Building [Katpost with details from Becky Knott here ].

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

LexBlog IP

JANUARY 23, 2023

The Advertising Standards Authority (“ ASA ”) has issued its first ruling under the new rules that prohibit gambling ads with “ strong appeal ” to under-18s, providing a useful example as to how the new rules will be applied. ” together with the “ Ladbrokes ” brand in the image box.

Advertising 52

Advertising Advertising Social Media Marketing 52

LexBlog IP

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

The IPKat

FEBRUARY 5, 2023

And – let's be honest - most of us are quite entertained: we allow ourselves to be dazzled by luxury and a whiff of a desire to live the good and easy life that is presented by the main characters on various social media as a tangible dream. While it might not be a fight to the death, it surely is interesting reading.

Marketing 94

Marketing Marketing IP Music 94

Technology & Marketing Law Blog

JULY 1, 2022

Phung , 2022 WL 950261 (D.N.J. March 30, 2022). “In 2022 WL 612455 (D. March 2, 2022). Republic of Pakistan, 2022 WL 74218 (D. 7, 2022): “ Twitter is a private corporation and therefore unable to violate an individual’s First Amendment right to free speech.” June 22, 2022).

Blogging 91

Blogging Social Media Government Advertising 91

Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. Ramkumar Jewellers (2012), the defendant copied the plaintiff’s advertisement picture containing a popular artistic pose of Amitabh Bachchan and Jaya Bachchan.

Branding 98

Branding Brands Branding Personality Rights 98

LexBlog IP

APRIL 13, 2022

The parties submitted a joint discovery plan on February 10, 2022. On February 9, 2022, Rothschild file a motion to dismiss the Complaint, arguing that he had “every right to make and sell art that depict branded products.” On March 2, 2022, Hermès filed an Amended Complaint. A trial is set to begin February 28, 2023.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. Their rights will be protected thanks to the metaverse brands’ trademarks. It might be more difficult than ever in the metaverse to police brands.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

TorrentFreak

DECEMBER 26, 2022

Five years ago , several of the world’s largest entertainment industry companies teamed up to create a brand new anti-piracy coalition. A major event in 2022 saw Qatari media company beIN join the coalition and with it, a new focus area for ACE – live sports streaming protection. all over the globe.

Cease and Desist 130

Cease and Desist Government Confidentiality Settlement 130

43(B)log

JANUARY 5, 2024

2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength.

Branding 59

Branding Brands Branding Marketing 59

TorrentFreak

APRIL 8, 2022

Submissions for the 2022 report include detailed input from the Motion Picture Association, the trade industry group for the major Hollywood studios and Netflix. According to the MPA, content stored on these sites is also made available via apps, social media, forums, blogs and email. The ‘Piracy Problem’ Summary.

Social Media 130

Social Media Reporting Publishing Advertising 130

43(B)log

MARCH 18, 2022

Broidy, 2022 WL 793029, No. 4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country. Mosafer Inc.

Law 59

Law False Advertising Social Media Branding 59