LexBlog IP

JANUARY 28, 2024

certainly had a disparate week in the world of advertising, with the high of sponsoring the AFC and NFC championship games and the low of an order finding that it had engaged in deceptive advertising. The order will be effective 60 days after service and will remain in effect for 20 years. Intuit, Inc.

Advertising 52

Advertising Advertising Cease and Desist Reporting 52

Above the Fold

JANUARY 28, 2024

certainly had a disparate week in the world of advertising, with the high of sponsoring the AFC and NFC championship games and the low of an order finding that it had engaged in deceptive advertising. The order will be effective 60 days after service and will remain in effect for 20 years. Intuit, Inc.

Advertising 52

Advertising Advertising Cease and Desist Marketing 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 88

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TorrentFreak

FEBRUARY 1, 2023

Every year, the Office of the United States Trade Representative ( USTR ) publishes a list of ‘notorious markets’ that facilitate online piracy and related intellectual property crimes. For example, we have seen hosting companies, advertisers, and social media platforms being added.

Marketing 120

Marketing Marketing Social Media Reporting 120

TorrentFreak

NOVEMBER 5, 2023

With more than a billion impressions per month and over 30,000 active advertisers, PropellerAds is a serious player in the online advertising industry. The Cyprus-based company works with advertisers and publishers from all over the world and while many are legitimate companies, Hollywood believes there are some bad apples too.

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Advertising Advertising Reporting Marketing 90

Olartemoure Blog

DECEMBER 14, 2023

This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dominant market position.

Marketing 98

Marketing Marketing Advertising Advertising 98

Olartemoure Blog

MAY 30, 2023

The Digital Markets Act is a groundbreaking law from the European Union that regulates the performance of large online platforms (designated as gatekeepers) in the digital economy to guarantee fair competition, which started applying on 2 May 2023. Being designated as a gatekeeper under the Digital Markets Act will bring some consequences.

Marketing 98

Marketing Marketing Designs Design 98

Above the Fold

FEBRUARY 11, 2024

What will be the most creative advertising tagline? Will any of your old favorite marketing campaigns be brought back? What strange new products/services will we learn about? How many advertising controversies will emerge? Can any one commercial eclipse the advertising power of Taylor Swift being in attendance?

Blogging 52

Blogging Advertising Advertising Trademark Law 52

Michael Geist

JUNE 15, 2023

While Heritage Minister Pablo Rodriguez claimed it would lead to increased choice (a claim he re-iterated this week in Banff), critics of the bill argued that the opposite was true , namely that the bill would likely lead to fewer services entering the Canadian market or streamers reducing content choices.

Marketing 98

Marketing Marketing Government Advertising 98

The TTABlog

OCTOBER 12, 2022

Refusal to register RESPONSIVEADS for advertising, marketing and promotional services and for marketing software. In re Responsiveads, Inc. 88453313 (September 30, 2022) [not precedential] (Opinion by Judge Melanye K. In re Natural Cravings Pet Treats LLC , Serial No.

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LexBlog IP

FEBRUARY 11, 2024

What will be the most creative advertising tagline? Will any of your old favorite marketing campaigns be brought back? What strange new products/services will we learn about? How many advertising controversies will emerge? Can any one commercial eclipse the advertising power of Taylor Swift being in attendance?

Blogging 52

Blogging Advertising Advertising Trademark Law 52

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. ” Marketing channel. Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.”

Advertising 84

Advertising Advertising False Advertising Trademark 84

TorrentFreak

OCTOBER 10, 2022

Just a few days ago we reported how ACE was instrumental in shutting down pirate streaming services in Latin America. Notorious Markets. This is apparent from the latest overview of ‘notorious markets’ that was just submitted to the US Trade Representative ( USTR ). Piracy as a Service. CC,IO,ME and.TO

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Reporting Marketing Marketing Advertising 136

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 answer? storing and shipping their products)?

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Advertising Advertising Marketing Marketing 143

The IPKat

FEBRUARY 27, 2023

In particular, the Board of Appeal took the view that the sign would be understood by the relevant public as an advertising slogan and not as an indication of the origin of the goods. It therefore also expressed a general and abstract business philosophy. The applicant appealed the decision to the GC.

Trademark 132

Trademark Advertising Advertising Marketing 132

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Governments constantly pressure Internet services’ editorial decisions.

Law 101

Law Social Media Advertising Advertising 101

Technology & Marketing Law Blog

NOVEMBER 30, 2022

Plaintiffs sufficiently allege conduct that encourages or assists infringement, specifically, that “Defendants continued to provide service to their subscribers despite knowledge that their subscribers were using the service to engage and facilitate massive piracy of Plaintiffs’ copyright protected Works.”

Copyright 125

Copyright Advertising Advertising Copyright Infringement 125

Technology & Marketing Law Blog

FEBRUARY 7, 2024

Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. Case Citation : Roland v. Letgo, Inc.

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Advertising Advertising Designs Design 94

Technology & Marketing Law Blog

AUGUST 24, 2021

This lawsuit alleges that Facebook is liable for Fair Housing Act discrimination purportedly enabled by its self-service advertising tools. The plaintiffs allege Facebook had a role in “creating, promoting use of, and profiting from paid advertisers’ use of the Targeting Ad tools.”

Advertising 134

Advertising Advertising Marketing Marketing 134

The IPKat

APRIL 8, 2022

What they have in common is the direct undertaking of those acts, that is – in the words of the CJEU – a comportement actif , which consists of affixing the sign, advertising under it, etc. To sum up: the distinction between different types of liability for IP infringements is still very much alive and well.

Law 138

Law Advertising Advertising Marketing 138

TorrentFreak

OCTOBER 19, 2022

Earlier this month, several prominent copyright holder groups sent their annual “notorious markets” recommendations to the U.S. Government uses these documents as input for its yearly review of notorious piracy markets, which aims to provide an overview of threats to various copyright industries. Trade Representative (USTR).

Marketing 125

Marketing Marketing Copyright Technology 125

43(B)log

AUGUST 16, 2021

11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts. This opinion considered only the marketing defendants.

False Advertising 72

False Advertising Advertising Advertising Contracts 72

43(B)log

JANUARY 17, 2024

Safelite provides windshield repair and replacement services, while Ultra Bond supplies proprietary bonding resin to repair windshield cracks. Safelite is the VGRR market leader: in 2016, it had 35.4% of the market; its closest competitor had just 3%. The vast majority of Safelite’s sales come from insurance reimbursement.

False Advertising 64

False Advertising Marketing Marketing Advertising 64

TorrentFreak

OCTOBER 30, 2021

These overviews provide input for the USTR’s annual notorious markets overview, where sites such as The Pirate Bay, Fmovies and Uploaded have appeared as repeat offenders. Over the past years, there has been a lot of debate about which sites and services should be included. The advertising outfit doesn’t stop there either.

Advertising 123

Advertising Advertising Reporting Copyright Infringement 123

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

In support of that conclusion, the court makes this murky statement: “courts in this Circuit have repeatedly held that a plaintiff may state a claim under the Lanham Act where the defendant (1) interfered with the plaintiff’s ability to offer its own commercial services, and/or (2) used the Internet.” That’s what gripers do.

False Advertising 97

False Advertising Advertising Advertising Trademark 97

The IPKat

APRIL 23, 2022

Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. Since May 2020, ambush marketing has been regulated in a comprehensive manner in Italy by Law No.

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Advertising Advertising Marketing Marketing 98

Technology & Marketing Law Blog

MARCH 6, 2024

He sued a print-on-demand service (Sunfrog) over alleged IP violations of his illustrations. If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels).

Copyright 98

Copyright Trademark Law Copyright Infringement Publishing 98

TorrentFreak

OCTOBER 26, 2022

Earlier this month, the RIAA shared its recommendations for the USTR’s annual review of overseas notorious markets. The music group reported well-known targets such as The Pirate Bay, Newalbumreleases, MP3Juices, RARBG, and RapidGator, plus other piracy-related sites and services. Operator Responds. The Deezer Connection.

Music 132

Music Copyright Infringement Copyright Branding 132

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. The print-on-demand service at issue is Pixels, who has appeared on this blog before.

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Artwork Trademark Publishing Marketing 95

43(B)log

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? The court denied Tundra’s motion to compel arbitration; the remaining statutory claims weren’t intricately intertwined with, nor dependent on, Faire’s service terms. Faire’s service terms prohibit users from disclosing their passwords to third parties. Tundra, Inc.,

False Advertising 59

False Advertising Advertising Advertising Branding 59

LexBlog IP

MARCH 1, 2023

It’s not every day that we get to announce new content created especially for advertising and marketing enthusiasts who just can’t get enough about legal issues in advertising and the latest from the Federal Trade Commission and the National Advertising Division.

Advertising 52

Advertising Advertising Marketing Marketing 52

The TTABlog

JANUARY 6, 2022

Applicant pointed to five existing third-party registrations for marks containing the word SUNSET in arguing that the word "SUNSET" is a weak formative].

Social Media 64

Social Media Advertising Advertising Music 64

TorrentFreak

NOVEMBER 15, 2023

Delivered via TV, radio and the internet, public service announcements enlighten the masses on topics seemingly so complex, they’re only fully understood by the few. Online gambling within South Korea is outlawed, and government control in the rest of the market effectively amounts to a lucrative monopoly.

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Advertising Advertising Reporting Government 102

IP and Legal Filings

JUNE 14, 2023

When used in a marketing context, the brand has two primary goals: first, to represent the company in public to create maximum awareness and recognition for the organization and its business proposition. Second, the brand is a basket that offers the promise to meet clients’ expectations for a certain quality of a product or service.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

TorrentFreak

JULY 9, 2022

The makers of films such as “I Feel Pretty” and “Dallas Buyers Club” accuse these services of turning a blind eye to piracy or actively promoting it. Several of these lawsuits have ended in settlements, where some VPNs services agreed to block notorious pirate sites or BitTorrent traffic on US-based servers.

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Advertising Advertising Copying Trademark 129

TorrentFreak

JANUARY 19, 2024

Among them were uhuseries.com, owlserieshd.com, and ahaseries.com, relatively popular streaming platforms targeting the Thai market. Another successful ACE and TrueVisions collaboration has resulted in the shutdown of two of Thailand’s most notorious illegal streaming services,” said ACE anti-piracy chief, Jan van Voorn.

Advertising 89

Advertising Advertising Intellectual Property Editing 89

Technology & Marketing Law Blog

NOVEMBER 20, 2022

Plaintiff argues that CDA immunity does not apply, “because Seamless actively created the profiles and advertising webpages giving rise to this suit.” For this reason, the undersigned agrees with the other district courts that have rejected CDA immunity for analogous services at the pleadings stage [cites to Kellman and Bonilla ].

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