Above the Fold

JULY 3, 2023

Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act.

Social Media 52

Social Media Advertising Advertising Editing 52

43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. The parties compete in the market for adjustable air mattresses and related products. Examples included the use of terms such as “Sleep 55% Off Number Beds” and “Comfort Air Beds on Sale” in online advertisements.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

APRIL 29, 2024

23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. Hetronic terminated its licensing and distribution agreements with Abitron, but Abitron continued to sell Hetronic-branded remotes without Hetronic’s authorization.

Advertising 59

Advertising Advertising Trademark Branding 59

The TTABlog

JANUARY 6, 2022

Applicant argued that BIO is conceptually weak for supplements, and the term HEALTH (by way of a dictionary definition) is merely descriptive of supplements and also conceptually weak."] In re Sunset Songs, LLC , Serial No. 90114652 (January 4, 2022) (Opinion by Judge Linda A. Kuczma)[not precedential].

Social Media 62

Social Media Advertising Advertising Music 62

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The court says there can’t be MULTIPLE instances of INITIAL interest confusion: By definition, initial interest confusion is “confusion that creates initial customer interest.” Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 79

Trademark Advertising Advertising False Advertising 79

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

MARCH 29, 2024

22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. The Stop & Shop Wipes, which vary in fragrance and style, are all marketed and sold with bold, prominent font labeling them as “flushable” on the front of the packaging.

Law 59

Law Advertising Advertising Branding 59

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

IP and Legal Filings

SEPTEMBER 14, 2023

This has led to consumers opting for brands that pledge their duty to contributing towards environmental protection by means of minimalism and sustainability. In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”.

Branding 79

Branding Brands Branding Trademark 79

LexBlog IP

APRIL 10, 2023

Recently, the owner of a restaurant concept entered into what it thought was a routine trademark license agreement with a licensee to operate a “Rooh” branded Indian restaurant in Chicago. Specifically, it noted that “other franchise related claims all use similar definitions of what constitutes a franchise.”

Licensing 52

Licensing Trademark Business Advertising 52

43(B)log

AUGUST 9, 2021

The policies covered disparagement of people or products in ads, defined in the Policies as “a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters.” And it definitely didn’t disparage Kona consumers.

Advertising 59

Advertising Advertising Publishing Branding 59

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Role definitions can render certain interpretations “irrational.” A: yes, you could definitely find problems there—restrictive terms, deplatforming, refusal to deal on nondiscriminatory basis. legit competition on the merits.

Law 119

Law Branding Brands Branding 119

IP Tech Blog

APRIL 17, 2023

This will enhance the chances of a brand to obtain a certain degree of well-known status recognition. The definition of the boundaries between concepts like “well-known,” “certain,” and “high reputation” are important. For example, by “geographical scope” of the advertising it is not meant worldwide but, rather, China-wide.

Trademark Law 57

Trademark Law Trademark Law Branding 57

LexBlog IP

APRIL 17, 2023

This will enhance the chances of a brand to obtain a certain degree of well-known status recognition. The definition of the boundaries between concepts like “well-known,” “certain,” and “high reputation” are important. The same applies to the definition of relevant public.

Trademark Law 52

Trademark Law Trademark Law Branding 52

IP and Legal Filings

NOVEMBER 23, 2023

Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999.

Intellectual Property 97

Intellectual Property Privacy Branding Brands 97

43(B)log

SEPTEMBER 7, 2021

Wakefern operates approximately 353 supermarkets under various brands such as ShopRite and Fairway Market across several states, and has a registration for ShopRite. Marchese formed defendant Family Markets for the stated purpose of carrying out a retail supermarket business.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”). Ad tech helps advertisers do exactly that.

Advertising 52

Advertising Advertising Branding Brands 52

Technology & Marketing Law Blog

DECEMBER 30, 2023

This appears to be a SAD Scheme case involving Squishmallows, a stuffed animals brand. The brand owner, Kelly Toys, sued 90 e-commerce merchants in a sealed complaint and got a TRO. Definitely no motion to dismiss; and now the rightsowner gets the chance to hunt in discovery for smoking guns. This is an unusual move.

Branding 73

Branding Brands Branding Business 73

43(B)log

AUGUST 20, 2021

24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” “Non-GMO,” and “No Genetically Engineered Ingredients”; KIND sought to exclude expert reports. In re KIND LLC “Healthy and All Natural” Litig., 2021 WL 1132147, Nos.

False Advertising 45

False Advertising Advertising Advertising Litigation 45

Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses.

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses.

Social Media 52

Social Media Branding Brands Branding 52

Traverse Legal Blog

FEBRUARY 18, 2021

This consumer class action concerns deceptive and unfair business practices by Total Life Changes in the advertisement and sale of its raspberry-flavored Iaso® Instant Tea (its “Raspberry Tea”). Total Life Changes’ tea products are branded through national marketing and advertising campaigns.

Advertising 84

Advertising Advertising Business Branding 84

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” The court also found “Ms.

Social Media 99

Social Media Ownership Branding Brands 99

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

IP and Legal Filings

SEPTEMBER 8, 2023

As per the Trademarks Act 1999 , the definition of trademark explicitly conveys that only the graphical representation of the marks and the element of in comparability i.e After undergoing through all these processes one can generate their product in the market.

Trademark 52

Trademark Registration Marketing Marketing 52

LexBlog IP

SEPTEMBER 14, 2022

Securities and Exchange Commission Allison Herren Lee observed that “climate risks and sustainability are critical issues for the investing public and our capital markets.” In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims. sustainable). million in penalties.

Marketing 52

Marketing Marketing Advertising Advertising 52

IP and Legal Filings

NOVEMBER 27, 2022

With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up. With the fast-growing media and entertainment sector, the era of digital advertisement for the products branding and selling have also stepped up.

Trademark 52

Trademark Branding Brands Branding 52

TorrentFreak

MARCH 10, 2022

Indeed, we report way more than they do but according to van Voorn, the North American market is being hit hard. Possibly as a result, mid-2020 Watchsomuch was advertising on Twitter that its.org domain wasn’t the only option for accessing the platform. From: TF , for the latest news on copyright battles, piracy and more.

Cease and Desist 93

Cease and Desist Reporting Advertising Advertising 93

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Court can’t seem to figure out how to handle that duality between pure information and brand value.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . The Rift Over Web3. What is web3, anyway?

Ownership 116

Ownership IP Non-Fungible Tokens Technology 116

TorrentFreak

DECEMBER 31, 2023

As is often the case, others have tried to hijack or take over the RARBG brand in the months that followed, but none come close to the original. While watching pirate IPTV streams in the UK is definitely unauthorized, the suggestion that offenders will be prosecuted and jailed en masse , is a bit much. Police car stream trackers?

Copyright 106

Copyright Reporting Branding Brands 106

43(B)log

JUNE 24, 2022

PTO very occasionally recognizes this—weave pattern for Bottega Veneta, looked at the definition of the mark and said no one would notice the millimeter width of the weave. A membership group might not have brand value (Happy Valley PTA example) v signaling I can afford LV, which does depend on brand value).

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

Technology & Marketing Law Blog

JULY 1, 2022

25, 2022): “the publicly available online blogs at issue in this case are within the broad definition of ‘news media’ as used in” the False Claims Act. * Advertising. PetaPixel : “Woman Sues McDonald’s After Burger Ad Photo Made Her Break Lent” * Is it better to feature cats or dogs in advertising?

Blogging 91

Blogging Social Media Government Advertising 91

43(B)log

FEBRUARY 28, 2022

24, 2022) Plaintiffs brought the usual California claims in this putative class action challenging use of the term “Health-Ade” to market kombucha-inspired beverages, including Health-Ade Kombucha, Health-Ade Plus, Health-Ade Booch Pop, Health-Ade pop, and Health-Ade Mixers. The dictionary definitions did not dispel that.

Marketing 59

Marketing Marketing Law Branding 59

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. The definition clause under Sec. For instance, in Titan Industries Ltd.

Branding 98

Branding Brands Branding Personality Rights 98

43(B)log

FEBRUARY 18, 2022

Definition should be broader than sale/transportation of goods in commerce. Company claimed to revive an abandoned mark, which allowed them to use marketing materials from the original company and used the original model numbers: leads to a lot of deception. A: False advertising context: FTC/state AGs. A: not opposed to AGs!

Trademark 59

Trademark False Advertising Fair Use Branding 59

IP and Legal Filings

JULY 5, 2023

A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market. Examples of service categorization classes include: Advertisement, business administration, business management, and office functions are all part of Class 35. Avoid well-known brands.

Trademark 59

Trademark Registration Branding Brands 59