43(B)log

DECEMBER 1, 2022

8:22-cv-827-JVS-KESx, 2022 WL 17328411 (C.D. The parties compete in the market for audio products, specifically multichannel amplifiers, and sell online, including on Amazon. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Santos Elecs. Outlaw Audio, LLC, No. Prager Univ. Google LLC, 951 F.3d

Advertising 64

Advertising Advertising False Advertising Copyright 64

Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. 1125, for its statement in marketing its VeriCall solution that VeriCall will “increase 10% IVR Containment Rate.”

False Advertising 68

False Advertising Advertising Advertising Law 68

TorrentFreak

MAY 14, 2022

On the flip side, today’s interconnected world has the ability to transform leaks into powerful advertising and hype, keeping message boards and social media alive with discussion of exciting new products, at zero cost to official marketing teams. First Images of ‘Valorant Mobile’ Appear.

Copying 99

Copying Social Media Copyright Copyright Law 99

43(B)log

FEBRUARY 21, 2024

Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” Downloads declined after a 2015 peak. But a jury could find bona fide use.

Marketing 59

Marketing Marketing Trademark Branding 59

BYU Copyright Blog

FEBRUARY 14, 2022

On January 25, 2022, Panoramic Stock Images, LTD ("Panoramic") filed a lawsuit against Washington University in St. its complaint, Panoramic accuses Wash U of copying "Panoramic’s copyrighted Work in order to advertise, market and promote its business activities."

Copying 101

Copying Advertising Advertising Business 101

43(B)log

JANUARY 19, 2022

2022 WL 141561, No. 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. Facebook, Inc., 20-CV-08570-LHK (N.D. That time has come for Facebook.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

43(B)log

AUGUST 22, 2022

3d -, 2022 WL 3453395, S260736 (Cal. 18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. Not all marketing of artistic works is noncommercial speech. The First Amendment has long coexisted with no-fault false advertising laws. Sony Music Entertainment, P.3d

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Likewise, essential facilities doctrine, edging toward common carrier—firms that control essential/important bottleneck for market participation can be required to give access. What are you going to do instead, advertise on Bing?

Law 119

Law Branding Brands Branding 119

LexBlog IP

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. A copy of the Memorandum Opinion is attached. Next Caller, Inc. Civil Action No. 18-172-MN (D.Del.

False Advertising 52

False Advertising Advertising Advertising Law 52

Technology & Marketing Law Blog

NOVEMBER 30, 2022

Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? I guess RCN can better manage its copyright liability exposure by advertising that it provides shitty connections.

Copyright 127

Copyright Advertising Advertising Copyright Infringement 127

TorrentFreak

AUGUST 12, 2022

Having spent billions on development and marketing over decades, companies like Microsoft dominate important sections of the software market. The defendants are described as prolific distributors of “black market access devices”, aka activation keys and tokens for Microsoft software.

Copying 104

Copying Licensing Marketing Marketing 104

43(B)log

DECEMBER 16, 2022

Roup, 2022 WL 17670418, No. 12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Tracy Anderson Mind & Body, LLC v.

Marketing 59

Marketing Marketing False Advertising Contracts 59

IPilogue

DECEMBER 15, 2022

Vogue’s publishers have sued rappers Drake and 21 Savage for unauthorized use of Vogue’s trademarks and false representations in marketing their newest album, “Her Loss”. On November 17, 2022, Drake and 21 Savage agreed to this preliminary injunction and also agreed to stop using Vogue trademarks for their album promotion.

Social Media 105

Social Media False Advertising Copying Trademark 105

Technology & Marketing Law Blog

MAY 18, 2022

PeopleConnect, 2022 WL 888300 (W.D. March 25, 2022). As alleged in the Amended Complaint, the Classmates’ website uses his image to advertise a paid subscription to its services in at least two ways.” The advertisements at issue that Classmates created are not intertwined with otherwise protected speech.”

Advertising 84

Advertising Advertising Blogging Copying 84

The TTABlog

DECEMBER 13, 2022

December 8, 2022). The court began with the issue of functionality, finding that "[u]tility patents disclose, and some claim, the features of TBL's applied-for design, and TBL's own advertising touts the functional benefits the features." Welch 2022. TBL Licensing, LLC v. Vidal , Civil Case No. l:21CV681 (E.D.

Designs 96

Designs Design Advertising Advertising 96

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 124

Cinema Intellectual Property Copying Government 124

SpicyIP

JANUARY 27, 2023

Glenmark made out the case that in September 2022 it had received reports of counterfeit Telma and Telma-AM products being sold in Delhi markets. The plaintiff emphasized that the defendant had copied the trade mark, trade dress, and get up of the genuine products.

Marketing 111

Marketing Marketing Reporting Advertising 111

TorrentFreak

APRIL 7, 2024

Several of these services have been listed in the USTR’s overview of notorious piracy markets. After uploading a copy of TPB-AFK to the system, near-instantly it found over 2,000 matches across the dozen platforms. Whether it missed any links is unknown, of course. Put more bluntly; it’s an upload filter.

Copying 91

Copying Copyright Infringement Fair Use Social Media 91

The IP Law Blog

SEPTEMBER 22, 2022

On August 24, 2022, the Ninth Circuit issued its opinion in P and P Imports, LLC v. It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. The Ninth Circuit first recognized that “proof of copying strongly supports an inference of secondary meaning.”

Copying 98

Copying Marketing Marketing Advertising 98

Technology & Marketing Law Blog

DECEMBER 27, 2023

It would be as if an image within a newspaper advertisement were not commercially used until a customer paid their quarter, unlocked the newsrack, opened the paper, began reading, opened the page containing the relevant circular, and saw it. Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.”

IP 73

IP Advertising Advertising Copyright 73

Technology & Marketing Law Blog

JUNE 29, 2022

This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. ” (I think this conclusion was true many years before 2022). Keyword Ads.

Trademark 107

Trademark Advertising Advertising Blogging 107

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

JUNE 2, 2022

“Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” Market Effect. “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” May 31, 2022). Amount Used.

Copyright 143

Copyright Social Media Fair Use Licensing 143

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

BYU Copyright Blog

OCTOBER 17, 2022

On October 13, 2022 photographer Eric Bowers ("Bowers") filed a lawsuit against Johnson County Community College (the "College") claiming that the College used his photograph of the "One Light" building in Kansas City (the "Work") without permission. The Work found on the Plaintiff’s website today displays a similar mark.

Graphic Design 52

Graphic Design Settlement Advertising Advertising 52

Technology & Marketing Law Blog

JUNE 11, 2022

March 21, 2022). RCN Telecom Services, LLC , 2022 WL 1291388 (D. April 29, 2022). It also clearly had the right and ability to control the display of the Subject Images—its own employees published the infringing articles—and it received a financial benefit from them in the form of paid advertising. * March 9, 2022).

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

azrights

NOVEMBER 3, 2021

You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising. Enforcement of your rights prevents market confusion. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

TorrentFreak

FEBRUARY 24, 2023

After thriving in what was once a localized traditional market, Japanese comics known as ‘manga’ took the world by storm. Publishers and authors could only watch as their work fueled a huge but unlicensed black market. When users search for the term ‘海賊版’ (English: pirated version/pirate copy) Yahoo!

Publishing 119

Publishing Advertising Advertising Music 119

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” 4th 1067 (Fed.

False Advertising 59

False Advertising Advertising Advertising Registration 59

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. Expensive to show it by surveys; most show it by circumstantial evidence of advertising and sales. Legally: Falwell v. Current answer: yes.

Copyright 69

Copyright Business Branding Brands 69

Technology & Marketing Law Blog

MAY 13, 2024

As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. However, scraping generally means “extracting data from a website and copying it into a structured format, allowing for data manipulation or analysis.” 2022) (hereinafter “hiQ 2022 Circuit opinion”); see also hiQ Labs, Inc.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 92

Blogging Social Media Television Fair Use 92

TorrentFreak

MAY 23, 2023

The companies claim that this feature violates an injunction the TV companies obtained from a New York court in 2022. While Downloader users happily searched Google and navigated to files displayed on a TV , bigger players in the software market were still playing catch up. ISPs to block the sites after all.

Copyright 144

Copyright Copyright Infringement Copying Marketing 144

TorrentFreak

JULY 6, 2023

Over the last 18 months, various ideas and proposals have leaned toward limiting or even nullifying Western entertainment companies’ intellectual property rights in response to their withdrawal from the Russian market. 46-FZ of March 8, 2022. There is a single economic goal here – to make money from advertising on the site.”

Intellectual Property 110

Intellectual Property Cinema Reporting Licensing 110

BYU Copyright Blog

JULY 25, 2023

The incident in question pertains to a series of photographs taken by Messerschmidt at the La Guardia Airport on June 17, 2022. and infringed on Messerschmidt's rights to the photographs when they allegedly copied and displayed the photographs on their website. Rural Telephone Service Co. as the foundation for his claim.

Intellectual Property 52

Intellectual Property Ownership Copyright Copyright Infringement 52

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

43(B)log

DECEMBER 26, 2022

8:21-cv-02121-JVS (ADSx), 2022 WL 17887590 (C.D. 28, 2022) Brick and mortar infringement still exists, and this opinion considers both copyright and trademark claims. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AK Futures LLC v. LCF Labs Inc., AKF sued LCF etc.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59