LexBlog IP

JULY 10, 2023

Can I Use a Competitor’s Name in Advertising? by Founders Legal Some of the most memorable advertising campaigns in history involve the comparative use of competing trademarks. Compatibility Assurances If your product serves as an accessory to another company’s product, you can advertise that compatibility.

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LexBlog IP

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

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Advertising Advertising Blogging Branding 52

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. W-22-CV-00777-ADA-DTG (W.D.

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False Advertising Advertising Advertising Patent 59

IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

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Fair Use Advertising Advertising Branding 85

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone.

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Olartemoure Blog

FEBRUARY 10, 2024

the Super Bowl moves billions of dollars, mainly through advertising. The National Football League (NFL) , organizers of the event, have created and grown the brand of the Super Bowl to what it is today. Arguably the most important sports event in the U.S.A., THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”.

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Cease and Desist Trademark Advertising Advertising 105

IP Tech Blog

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. The posts referred to the CBD product helping individuals with anxiety and insomnia and contained discount codes.

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Social Media Advertising Advertising Branding 57

LexBlog IP

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. The posts referred to the CBD product helping individuals with anxiety and insomnia and contained discount codes.

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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.

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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.

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azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Protecting brand identifiers is the way to avoid the possibility of consumer confusion as to the source or origin of a brand.

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43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! We are fiercely protective of the Crocs brand and our iconic DNA. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. The parties compete in the shoe market. Trial was scheduled for 2022 (!),

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False Advertising Advertising Advertising Branding 59

LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. The KHSAA has owned the trademark for “Sweet Sixteen” since 1951, and it has been used to refer to the high school basketball tournament in Kentucky.

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Branding Brands Branding Cease and Desist 40

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

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Branding Brands Branding False Advertising 59

The IPKat

SEPTEMBER 12, 2023

Owners of luxury trade marks have a strong interest in building and preserving the luxury and prestigious aura around their brands. It sells the perfumes under these brands through a selective distribution system. In February 2018, ALDI SÜD advertised the perfumes in their weekly promotional brochure for Valentine’s Day.

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The IPKat

DECEMBER 22, 2022

In particular, this may be the case where an online marketplace displays its own logo on the advertisements of third-party sellers and it carries out the storage and shipping of the third party goods in question. For example, how is the operator displaying its advertisements (e.g., The press release is here (French only).

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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.

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IP Tech Blog

NOVEMBER 30, 2022

They “chose ‘Punchbowl’ because that is the nickname the Secret Service uses to refer to the U.S. Punchbowl argued, as a threshold matter, that the Rogers analysis had no application because First Amendment protections do “not extend to ‘the brand name of [a] commercial enterprise.’” The logo depicts an overturned U.S.

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Branding Brands Branding Fair Use 57

IP and Legal Filings

JUNE 14, 2023

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. A company’s brand on the other hand only exists intangibly, in the minds of the public. This resulted in the creation of brand names and, eventually, trademark protection for brands.

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43(B)log

MARCH 29, 2024

The asterisk following “dermatitis” referred to this statement: “*the most common allergy in infancy. 2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) Although Gerber referred to the qualified health claim determination in its ads, it didn’t use any of the approved versions.

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False Advertising Advertising Advertising Reporting 104

IP Law 360

APRIL 25, 2023

by using its "Polar Pop" brand to refer to drinks in online advertising and marketing outside the convenience stores, according to a federal lawsuit. Circle K is breaking a decade-and-a-half-old deal with Massachusetts-based seltzer company Polar Corp.

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Advertising Advertising Branding Brands 40

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. First, only 94 of those references were “actual leads processed by Quintessa from its competitive bidding campaign (the campaign that bids on the Adler Marks).” Adler PC v.

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Advertising Advertising False Advertising Trademark 81

IP Tech Blog

FEBRUARY 8, 2022

This may be done via “ statements, symbols, emblems, logos, graphics, colours and product brand names ” as noted on the Government’s Green Claims Campaign site. Advertising Regulator’s Rulings on Green Claims. They have recently sanctioned two alternative milk companies: Alpro and Oatly, in accordance with their Advertising Codes.

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TorrentFreak

OCTOBER 26, 2022

The RIAA also carved out a brand new category this year, labeled AI Based Extractors/Mixers. Most of the sites branded as notorious markets by the RIAA remain quiet but Songmastr, Acapella-extractor and Remove-Vocals, which are all operated by the same person, sent a rebuttal to the USTR which was published this week.

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Music Copyright Infringement Copyright Branding 133

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

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Copyright Advertising Advertising Trademark 109

The IPKat

JANUARY 5, 2023

over a TV and radio advertisement which the latter had commissioned on behalf of bottled water brand Brio Blu. Said advertisement featured actor Max Tortora dressed up as popular character Zorro. Hence, a new assessment will need to be conducted to determine if the advertisement at issue would satisfy the conditions above.

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LexBlog IP

NOVEMBER 30, 2022

They “chose ‘Punchbowl’ because that is the nickname the Secret Service uses to refer to the U.S. ” Punchbowl argued, as a threshold matter, that the Rogers analysis had no application because First Amendment protections do “not extend to ‘the brand name of [a] commercial enterprise.’”

Branding 52

Branding Brands Branding Fair Use 52

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair moved to dismiss the false advertising and unfair competition claims.

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IP Tech Blog

FEBRUARY 13, 2023

At the end of January, the CMA announced that it is investigating FMCG for the use of green claims in labelling, advertising and marketing material. In particular, the CMA is concerned with “ broad eco-statements “, misleading claims about the recyclability of a product and brands labelling themselves as “ sustainable.”

Business 57

Business Advertising Advertising Blogging 57

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

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Marketing Marketing Social Media Personality Rights 40

Patently-O

DECEMBER 7, 2023

In GSK, the patentee provided additional evidence beyond the skinny label, such as communications to the doctors in the form of advertising or promotional materials, etc. The court also held that for contributory infringement under § 271(c), substantial noninfringing uses refer to uses not covered by the asserted patents.

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The IPKat

DECEMBER 27, 2021

In addition, the notion of ‘counterfeit’ was taken to refer to “ items that look identical to a genuine product with or without the official branding/logo, but are not made by the brand and may be of lower quality, for example, a handbag of identical design to a “Chanel” with or without the Chanel logo.”

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LexBlog IP

FEBRUARY 13, 2023

At the end of January, the CMA announced that it is investigating FMCG for the use of green claims in labelling, advertising and marketing material. In particular, the CMA is concerned with “ broad eco-statements “, misleading claims about the recyclability of a product and brands labelling themselves as “ sustainable.”

Business 52

Business Advertising Advertising Blogging 52

TorrentFreak

JULY 20, 2022

When a lawsuit directly attacks a site’s ability to operate using specific domains or branding, for example, the ‘hydra effect’ comes into play. When pirates or their links appear in one place, they can quickly reappear in another. Another term referencing a similar problem relates to piracy platforms.

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The TTABlog

JULY 15, 2022

the specimen must contain a reference to the services and the mark must be used on the specimen to identify the services and their source." Nothing in the specimens created a nexus with or referred to the recited services. Nothing in the sync license refers to THIS IS FOR MY GIRLS brand musical composition services for others.

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Erik K Pelton

JULY 31, 2020

It could sometimes include a business card if it references the service. Say you’re a realtor or an attorney and the business card makes some reference to the actual nature of the work, as well as the trademark of the brand name that would generally be acceptable. It could include a brochure.

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The IPKat

SEPTEMBER 12, 2022

Well, NO… but… According to the Collins English Dictionary , a slogan is “ a short phrase that is easy to remember ”, and is “ used in advertisements… who want people to remember what they are saying or selling ”. The invitation conveyed could also refer to a variety of five different types or flavours sold in one pack.

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