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. Then, in Liapes v. seriously, are you still posting THERE???)

Law 102

Law Social Media Advertising Advertising 102

IP Tech Blog

OCTOBER 20, 2021

As discussed in a previous blog post, the UK’s Advertising Standards Authority (ASA) has emphasised that prize draws must comply with provisions of its CAP Code. Failing which one risks being in breach of the rules, which can ultimately lead to criminal prosecution for failure to comply with consumer protection, gambling and advertising laws.

Advertising 57

Advertising Advertising Social Media Branding 57

The IPKat

SEPTEMBER 27, 2023

Earlier, before the movie started, you watched an advertisement for a soft drink, presented by none other than Marilyn Monroe and James Dean. Protection is against unauthorized commercial use, such as in advertising. The lights dim, and the film rolls. Bruce Lee enters the frame, encountering a young Sylvester Stallone as Rocky.

Personality Rights 129

Personality Rights Advertising Advertising Publishing 129

TorrentFreak

MAY 24, 2022

When YouTube first got off the ground in 2005, most of its users would’ve been oblivious to how closely copyright law would govern their online activities moving forward. Seventeen years later, with billions of internet users now both consumers and creators of content, people are becoming more educated.

Editing 137

Editing Copyright Television Copyright Law 137

LexBlog IP

MAY 3, 2023

Currently in Italy there are no specific legislations on environmental claims, so they are regulated by the general provisions of the Consumer Code on unfair commercial practices, those of the Civil Code on unfair competition, as well as the regulations on misleading advertising.

Advertising 52

Advertising Advertising Marketing Marketing 52

43(B)log

MAY 16, 2022

Nor did it err in its false advertising analysis, which requires likely deception of reasonable consumers. In addition, “amendment would have also been futile given the non-commercial nature of Doe’s activities.” In the Ninth Circuit, “infringement claims are subject to a commercial use requirement.” Bosley Med. Kremer, 403 F.3d

False Advertising 72

False Advertising Advertising Advertising Trademark Law 72

LexBlog IP

OCTOBER 20, 2021

As discussed in a previous blog post, the UK’s Advertising Standards Authority (ASA) has emphasised that prize draws must comply with provisions of its CAP Code. Squire Patton Boggs specialises in advising on advertising and marketing law. Legal advice should always be obtained however.

Social Media 52

Social Media Advertising Advertising Branding 52

The IPKat

FEBRUARY 17, 2023

7(2) of Directive 2005/29/EC ). It arranged the contents of the website at its own discretion and used the website to earn commissions by placing advertising on them. The Supreme Court distinguished an affiliate from an advertising agency. He objected to the ranking of the “best mattresses of 2019” on www.schlafbook.de

Advertising 70

Advertising Advertising Business Designs 70

Delaware Intellectual Property Litigation Blog

SEPTEMBER 25, 2021

[and that] Plaintiff did no corrective advertising.” 2005) for courts to consider when deciding whether to grant disgorgement damages in a trademark infringement action. Thus, the Court granted the motion with respect to actual damages. Renosky , 399 F.3d 3d 168, 175 (3d Cir.

Trademark 66

Trademark Advertising Advertising Copying 66

Biswajit Sarkar Copyright Blog

SEPTEMBER 16, 2021

Unfair advertising: Incorrect pricing, fake endorsements, false statements, etc. UK: The regulations namely, Unfair Commercial Practice Directive, 2005 and the Consumer Protection from Unfair Trading Regulations, 2008 include a general prohibition of unfair commercial practices.

Intellectual Property 40

Intellectual Property Advertising Advertising Trademark 40

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The defendant has used the plaintiff’s song in an advertisement without the plaintiff's consent. The company was ordered to pay Ojo, ₦20 million (US$44 448) in damages.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Technology & Marketing Law Blog

JUNE 2, 2022

Tattoo Advertising/Human Billboards. Also, see Q2 of my 2005 contracts law exam and the sample answer. ” That sends the issue to the jury. Nature of the Work. It’s a creative photo, but it was published. Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v. Warner Bros.

Copyright 142

Copyright Social Media Fair Use Licensing 142

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Technology & Marketing Law Blog

OCTOBER 25, 2023

Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. WWE 2K Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v. Warner Bros.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

43(B)log

MAY 2, 2022

The injunctive relief does what this xkcd cartoon mocks: Alt text: Blatantly banking on customers not understanding that it's like a Hollywood studio advertising that their new movie was 'watched by Roger Ebert'. The settlement included a fund of up to $8 million; unclaimed money would be returned to defendants. million. (If

Settlement 118

Settlement Advertising Advertising Marketing 118

IPilogue

AUGUST 4, 2022

The applicant, Beijing Judian Restaurant Co (“Judian”), has operated restaurants in Vancouver and Richmond since 2018, along with numerous well-known ( served over 5,750,000 customers between 2011 and 2019 ) restaurants in China since 2005.

Trademark 115

Trademark Registration Designs Design 115

Technology & Marketing Law Blog

OCTOBER 6, 2022

Tattoo Advertising/Human Billboards. Also, see Q2 of my 2005 contracts law exam and the sample answer. Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v. Copyright and Tattoos: Hangover II Injunction Denied, But the Copyright Owner Got Some Good News Too–Whitmill v. Warner Bros.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

IP and Legal Filings

FEBRUARY 26, 2024

Today, the prevalence of such activities can be seen in online rummy advertisements on social media and the 2013 IPL match-fixing scandal. Advertisements for these games are allowed as long as they are not indecent or immoral. 3] United Kingdom Gambling Act, 2005. [4] 6] Sikkim Regulation of Gambling (Amendment) Act, 2005. [7]

Law 72

Law Licensing Government Advertising 72

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. Aside from generating more than 4.6

Copying 96

Copying Social Media Copyright Copyright Law 96

LexBlog IP

SEPTEMBER 25, 2021

As to actual damages, the record was undisputed that “Plaintiff has no actual knowledge of damages resulting from Defendants’ conduct, Plaintiff is not seeking lost sales, lost market share, or lost goodwill, [and that] Plaintiff did no corrective advertising.” ” Id. Renosky , 399 F.3d 3d 168, 175 (3d Cir.

Trademark 52

Trademark Advertising Advertising Copying 52

TorrentFreak

MAY 25, 2022

When major movie studios, record labels, and other copyright holders sued peer-to-peer file-sharing companies Grokster and Streamcast, little did they know their case would end in a landmark 2005 ruling by the Supreme Court. In a nutshell, the plaintiffs in MGM v.

Copyright Infringement 128

Copyright Infringement Copyright Law Copyright Technology 128

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. in computer engineering from Pennsylvania State University in 2005. She received her J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

Technology & Marketing Law Blog

MARCH 9, 2024

As I wrote in 2005 in the Joffe post: Regulatory efforts to carve up marketing on a per-technology basis have failed. “Plaintiff argues to grant Stratics immunity would be akin to granting a newspaper immunity for publishing defamatory advertisements in hardcopy form because those advertisements were submitted via an online webportal.”

Blogging 89

Blogging Publishing Technology Marketing 89

The IPKat

APRIL 26, 2023

Further, an incorrect date could constitute misleading advertising under Art. 6 of Directive 2005/29/EC. Thus, it is a statement made by a third party who usually does not have any connection to the parties of the design dispute. Such seller does not have any apparent interest in indicating an incorrect ‘Date First Available’.

Designs 76

Designs Design Art Intellectual Property 76

LexBlog IP

OCTOBER 28, 2021

Amendments to several existing pieces of EU consumer protection legislation, including the Unfair Contract Terms (Directive 93/13/EEC), Price Indications (Directive 98/6/EC), Unfair Commercial Practices (Directive 2005/29/EC) and Consumer Rights (Directive (2011/83/EU). Key changes explored in more detail.

Social Media 52

Social Media Business Contracts Advertising 52

The TTABlog

DECEMBER 21, 2021

Nor did respondent have advertising material or seek FDA approval. Moreover, in the two-year period 2003-2005, respondent's principal cause 27 intent-to-use applications for various marks for condoms, despite admittedly not knowing the legal meaning of "intent to use."

Registration 53

Registration Contracts Advertising Advertising 53

43(B)log

JANUARY 16, 2023

Plaintiffs filed this complaint in federal court pursuant to the Class Action Fairness Act of 2005, They alleged violations of multiple state consumer fraud and deceptive business practice laws; unjust enrichment; and breach of warranty. And “The Taste You Love” and “Gooey, Cheesy Goodness” were “textbook puffery.”

Advertising 59

Advertising Advertising False Advertising Litigation 59

SpicyIP

FEBRUARY 9, 2023

Access to these court proceedings can also be construed as a part of Section 4 of the RTI Act, 2005 since the judiciary can be deemed as a ‘public authority’.

Copyright 136

Copyright Government Law Editing 136

The IPKat

SEPTEMBER 24, 2021

Background In July 2001, an EU trade mark application was filed for the word sign ‘Vita’ for certain Class 9 goods, and later registered in September 2005. Let’s see what happened. How it begins.

Marketing 57

Marketing Marketing Ownership Advertising 57

The TTABlog

AUGUST 2, 2021

distributor in 2005 and was still in that role when Mr. Shen filed the underlying trademark application in 2015 in his own name, the application being signed by Mr. Shen's attorney. Although ACIGI did pay for most of the advertising, that is not surprising when the manufacturer "is based in Japan and has little experience with the U.S.

Registration 52

Registration Ownership Licensing Trademark 52

Shades of Gray

NOVEMBER 2, 2016

10] It concluded that a case under the Lanham Act is “exceptional” if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had no defense yet persisted in the trademark infringement or false advertising for which it was being sued, in order to impose costs on its opponent. [11].

Trademark 52

Trademark False Advertising Litigation Copyright 52

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts first appeared on this blog on February 9, 2005, my second day of blogging. This is the correct way to analyze the mark similarity factor in competitive keyword advertising cases, though many courts have not taken this approach. More Posts About Keyword Advertising. WhenU (2d Cir. Keyword Ads. Proximity of goods.

Trademark 106

Trademark Advertising Advertising Settlement 106

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” ” * RVC Floor Decor, Ltd. Floor and Decor Outlets of America, Inc., 2021 WL 1163117 (E.D.N.Y. March 18, 2021).

IP 85

IP Social Media Fair Use Branding 85

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. The court held that puffery in advertisements is allowed as long as the assertions made are reasonable. DRS Logistics (P.) and Ors. , Dabur India Ltd.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

IP and Legal Filings

JANUARY 22, 2024

Then there is ‘TIER Model’, which proposes that what should be controlled is not the content posted, but the way or the means through which the content or work of the creator is posted, and the way in which it is advertised. With this, the culture of research, teaching, gaining knowledge has also shifted to the contents available online.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

43(B)log

APRIL 12, 2024

The court explains: Ashford University was founded in 2005, when Zovio, which had never offered any degree programs, purchased a small campus-based religious university located in Iowa. Zovio needed this university’s accreditation because only students attending accredited institutions are eligible for federal financial aid.

False Advertising 59

False Advertising Law Reporting Marketing 59

IIPRD

FEBRUARY 23, 2021

In 2005 a US-based pharmaceutical company engaged in the production of ophthalmic pharmaceuticals, pledged 32 pharmaceutical patents as collateral at the Bank of New York and raised around US$ 6 million for clinical trials and future applications for their new products.

IP 40

IP Intellectual Property Branding Brands 40