The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." The Board took judicial notice of definitions of the words "marketing," "consulting," and "managing." As to the third ground, the Board agreed with Examining Attorney Darryl M.

Marketing 70

Marketing Marketing Social Media Advertising 70

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

Advertising 64

Advertising Advertising Settlement Contracts 64

LexBlog IP

JANUARY 9, 2023

In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary supplements. So pay attention, marketers of foods and over-the-counter drugs and device manufacturers.

Advertising 52

Advertising Advertising Marketing Marketing 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

JANUARY 12, 2024

10, 2024) Plaintiffs alleged that advertising Evian as “carbon neutral” violated the consumer protection statutes of New York, Massachusetts, and California, and constituted breach of express and implied warranties, unjust enrichment, and fraud. Danone Waters, 2024 WL 112843, No. 8717 (NSR) (S.D.N.Y.

Marketing 69

Marketing Marketing Advertising Advertising 69

43(B)log

SEPTEMBER 30, 2021

We are definitely not there yet. This was true even though plaintiff alleged that there is a competing vanilla soymilk product on the market with a similar price point that obtains its vanilla flavor exclusively from the vanilla plant. Such an inference is just too far a reach.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

The TTABlog

APRIL 19, 2024

In support, Eureka submitted third-party website excepts and online dictionary and encyclopedia definitions for woolwax and lanolin. In sum, there is no evidence regarding the impact or extent of the advertising or marketing efforts.

Advertising 57

Advertising Advertising Registration Marketing 57

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 78

Trademark Advertising Advertising False Advertising 78

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

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 72

IP Advertising Advertising Copyright 72

Above the Fold

APRIL 27, 2022

After the recent passage of Earth Day, companies released a number of advertisements promoting sustainable initiatives, earth-friendly products, and eco-conscious production methods. Greenwashing is “when a company purports to be environmentally conscious for marketing purposes but actually isn’t making any notable sustainability efforts.” [1]

Advertising 52

Advertising Advertising Marketing Marketing 52

TorrentFreak

MAY 25, 2023

European Union Criticized For Complexity For the last two years, the European Commission has expended significant resources on two new pieces of legislation known as the Digital Markets Act (DMA) and the Digital Services Act (DSA).

Intellectual Property 124

Intellectual Property Social Media Reporting IP 124

IP and Legal Filings

JULY 17, 2023

Introduction ABU DHABI GLOBAL MARKET lodged an appeal against the rejection of its trademark registration application contending that the rejection by the Trade Marks Registry was unfounded both in fact and in law, while the respondent centered their objections around the use of a geographical name and the lack of distinctiveness.

Marketing 52

Marketing Marketing Trademark Invention 52

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

LexBlog IP

APRIL 10, 2023

In its motion to dismiss, the licensor argued that the grant of the right to open a restaurant using the “Rooh” trademark and business concept did not meet the definition of franchise under the CFIL or any other franchise laws claimed by the licensee to be violated.

Licensing 52

Licensing Trademark Business Advertising 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. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark 84

Trademark Social Media Advertising Advertising 84

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

SEPTEMBER 27, 2021

13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to false advertising cases—look at the reasons this false advertising claim fails. AFC sued MedHelp for Lanham Act false advertising. And it was also ambiguous whether “Birmingham” meant with or without its suburbs.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

APRIL 29, 2024

products and to market them at U.S. The relevant conduct is use of a trademark “in commerce” “in connection with any goods or services,” specifically “the sale, offering for sale, distribution, or advertising,” in a manner “likely to cause confusion.” Only resale would trigger Justice Jackson’s definition of “use.” tradeshows.

Advertising 59

Advertising Advertising Trademark Branding 59

LexBlog IP

DECEMBER 22, 2022

As we head into 2023, advertisers, publishers, ad tech companies and others involved in the digital advertising ecosystem are facing significant challenges when it comes to data. As with much of the terminology used in this space, the definition of “clean room” may depend on whom you ask. What Is a Clean Room?

Privacy 52

Privacy Advertising Advertising Publishing 52

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94

Copying False Advertising Social Media Advertising 94

LexBlog IP

JANUARY 25, 2024

This month’s issue of Ping® highlights some trends in digital advertising. However, the Illinois law is unique in that it provides for a broad definition of “commercial purpose,” which includes any use that is “primarily intended for commercial advantage or monetary gain.”

Law 59

Law Advertising Advertising Marketing 59

LexBlog IP

APRIL 27, 2022

After the recent passage of Earth Day, companies released a number of advertisements promoting sustainable initiatives, earth-friendly products, and eco-conscious production methods. 3) how marketers can qualify their claims to avoid deceiving consumers. [3]. Notably, the “Green Guides are not agency rules or regulations. .”

Advertising 52

Advertising Advertising Marketing Marketing 52

Michael Geist

OCTOBER 4, 2022

Indeed, critics will rightly note the market distortion it creates for private entities who stand to lose further advertising-related revenues to the CBC, while supporters should be concerned that the bill undermines the CBC’s claim to a public interest role and makes an ad-free version of the service even less likely.

Advertising 93

Advertising Advertising Television Government 93

43(B)log

MAY 2, 2022

This is important because the proposed settlement of this class action against manufacturers/distributors of Neuriva brain-health-promotion products requires only small changes in marketing claims. This is despite the fact that the underlying complaint alleges that the products do not provide any actual tangible benefits. million. (If

Settlement 118

Settlement Advertising Advertising Marketing 118

43(B)log

MARCH 20, 2023

WatsonSeal Marketing LLC v. WatsonSeal Marketing sued for false advertising under the Lanham Act, tortious interference with business relations under Alabama law, and unjust enrichment under Alabama law, but, having kicked out the Lanham Act claims, the court didn’t proceed any further with the state claims.

False Advertising 60

False Advertising Advertising Advertising Marketing 60

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. This judge is vexed by the definition of volitional conduct. And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations.

Copyright 99

Copyright Trademark Law Publishing Copyright Infringement 99

43(B)log

OCTOBER 9, 2023

2, 2023) The parties compete in the market for amalgam capture devices, which remove fillings (or pieces thereof) from dental office wastewater. Plaintiff alleged that Stoma falsely advertised that its Capt-all device, which fits onto the end of a high volume evacuator valve, is an amalgam separator and EPA compliant.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

Blogging 86

Blogging False Advertising Litigation Marketing 86

43(B)log

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” Although this wasn’t a two-player market, the evidence (including trade organization membership and Albion’s own offers to distributors) suggested that Newborn and Albion were direct competitors.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

JUNE 15, 2022

19, 2022) The parties compete in the market for energy drinks. VPX (Vital) makes BANG, which now contains creatyl-l-leucine (CLL), “a novel ingredient marketed under the trademark ‘Super Creatine.’ … Defendants claim that CLL is more stable and more bioavailable than other forms of creatine.”

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Technology & Marketing Law Blog

MARCH 9, 2024

The court is engaging in a standard analysis of technological definitions, which frequently age poorly as the technology evolves. See more possibly related blog posts on the incoherence of definitions of various electronic media). Stratics Networks appeared first on Technology & Marketing Law Blog.

Blogging 89

Blogging Publishing Technology Marketing 89

Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Books and Academic Articles.

Editing 88

Editing Social Media Blogging Advertising 88

43(B)log

SEPTEMBER 26, 2022

Demetres challenged Zillow’s use of Advertising Agents (real estate agents) and “Zestimates.” The complaint didn’t identify specific advertising statements that would plausibly misrepresent what the Zestimates were, “or even a particular home estimate produced by the Zestimate tool that allegedly conflicts with the real market value.”

Government 59

Government Law Advertising Advertising 59

Technology & Marketing Law Blog

FEBRUARY 14, 2024

But this fact does not turn a conduit website like GMB into a livery… GMB simply provided a platform for Petitioner Chaves (the livery) to perform the tasks of advertising his boat rental, negotiating a rate, renting his own vessel, and earning a rental fee. portion of the total rental fee. LEXIS 23688 (S.D.

Contracts 73

Contracts Advertising Advertising Privacy 73

Michael Geist

SEPTEMBER 21, 2022

The series starts with posts that examine some of the specifics in the bill, including problematic definitions for making available news, news businesses, and even the definition of news itself. Yet even this definition may be over-broad. What if the only news content reproduced is a sentence or two from the article?

Government 95

Government Journalism Advertising Advertising 95

IP Tech Blog

APRIL 17, 2023

This provision harmonizes the concept of well-known with other, already existing definitions of a “lesser” degree of notoriety, like those of “certain reputation” or “high reputation” that were already codified in relation to defenses and claims in opposition and invalidation proceedings. The same applies to the definition of relevant public.

Trademark Law 57

Trademark Law Trademark Law Branding 57