43(B)log

APRIL 17, 2023

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act. During times when Defendants “have failed to meet their commitments to Usana”—i.e.,

Advertising 52

Advertising Advertising Editing Litigation 52

TorrentFreak

MARCH 29, 2023

Pirate Manga Site B9Good.com Manga piracy site B9Good initially appeared in 2008 and established itself under B9DM branding. B9Good had been featured in an MPA submission to the USTR’s notorious markets report in 2019. The women were allegedly paid by B9Good’s operator to upload pirated content.

Reporting 101

Reporting Branding Brands Branding 101

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. The resources page features videos and comprehensive advice, covering areas from marketing to dealing with unexpected events.

Social Media 52

Social Media Advertising Advertising Branding 52

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Through a licensing agreement, Hilti also markets and sells the Firestop Box Insert based in part on that same patent. This is the ‘false advertising instead of likely confusion’ analysis I mentioned.] §43(a)(1)(B):

False Advertising 59

False Advertising Advertising Advertising Designs 59

LexBlog IP

JANUARY 6, 2022

Unlike other search engines, which sell targeted advertisements based on individual user profiles, DuckDuckGo does not track individual consumers. Instead, the search engine makes money by delivering advertisements based on keywords used in a specific search without tracking the user behind the query. This post was authored by C.

Privacy 40

Privacy Advertising Advertising Blogging 40

Technology & Marketing Law Blog

FEBRUARY 14, 2024

MySpace case from 2008 and its progeny (assuming the Doe case is still good law in the Fifth Circuit, which isn’t guaranteed ). Even if the new definition applied, the court questions if GMB was the one to “advertise and offer” the boat, as opposed to Chaves: it is Chaves who places the advertisement on GMB’s website.

Contracts 73

Contracts Advertising Advertising Privacy 73

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. eBay case from 2008. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. Apple appeared first on Technology & Marketing Law Blog. Apple, Inc. 2022 WL 4021776 (N.D.

False Advertising 112

False Advertising Privacy Publishing Advertising 112

TorrentFreak

MARCH 4, 2024

LibGen launched around 2008 as a digital version of the same concept. By making textbooks available to students for free, rightsholders are losing revenue, which leads to lower payments for authors and devalues the market as a whole, the publishers complain. $30

Publishing 98

Publishing Social Media Copyright Infringement Copyright 98

Technology & Marketing Law Blog

DECEMBER 11, 2021

As another example, when the search results provide the records associated with Mr. Abraham, “adjacent to the list of records containing [his] name, photograph, and likeness” is an advertisement promoting the subscription membership. FWIW, I raised this issue as a possible paper topic in 2008. Section 230. ” (Tautology alert).

Advertising 90

Advertising Advertising Social Media Blogging 90

Technology & Marketing Law Blog

JULY 9, 2022

. “the underlying communication created by a third-party, a Match.com user, is truly ‘the specific harmful material at issue,’ not the automatically generated advertisement sent by Match.” ” The court rebuffed the FTC’s attempt to distinguish Dyroff. ’”. . ” The FTC cited Anthony v. Elliot v.

Advertising 121

Advertising Advertising Publishing Blogging 121

Plagiarism Today

OCTOBER 26, 2021

Though an argument can be made that the company is already causing confusion by selling such a similar costume (Disney made this argument in 2008 when it sued and later settled with a costume company selling costumes similar to Disney characters), it would be considerably worse if they used the name Beetlejuice.

Trademark 250

Trademark Copyright Cease and Desist Copying 250

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 59

Social Media Marketing Marketing Advertising 59

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. Read more. . EU Commission and CMA focus on cooperation in the name of sustainability.

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. Read more. . EU Commission and CMA focus on cooperation in the name of sustainability.

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 6:08-cv-42-Orl-19GJK, 2008 WL 2704404 at *24 (M.D. July 8, 2008). Vimeo appeared first on Technology & Marketing Law Blog. See, e.g., E-Ventures Worldwide, LLC v. Google, Inc. ,

False Advertising 141

False Advertising Contracts Editing Advertising 141

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

According to Lifestyle Equities, BHPC products that were lawfully made, advertised, and distributed in the United States with the permission of the US rights owner are being marketed and sold by Amazon in the United Kingdom and the European Union, which is a kind of counterfeiting.

Trademark 59

Trademark Intellectual Property Branding Brands 59

The IPKat

JANUARY 5, 2022

Background of the case In 2008, Miele successfully registered a Community Design (‘CD’), consisting of a depiction of a vacuum cleaner bag, one of which is shown below. Being consumables, the cleaner bags are promoted independently on the market and sold at various locations. What is this component?

Designs 109

Designs Design Public Domain Advertising 109

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

According to Lifestyle Equities, BHPC products that were lawfully made, advertised, and distributed in the United States with the permission of the US rights owner are being marketed and sold by Amazon in the United Kingdom and the European Union, which is a kind of counterfeiting.

Trademark 52

Trademark Intellectual Property Branding Brands 52

IP and Legal Filings

FEBRUARY 16, 2023

What Is Non-Use Of Trademark Eventually trademarks serve as effective marketing tools for their owners. The court in this case held that ‘use’ does not necessarily mean and imply actual physical sale; even mere advertisement without having even the existence of goods can be said to be a ‘use’ of the mark. Co Pvt Ltd. M/s Kellog Co., [TRA/159/2004/TM/DEL]

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Well, this wraps up our Octobers’ sift.

Trademark 59

Trademark Publishing Journalism Copyright 59

TorrentFreak

JULY 2, 2023

NIT eventually came up with the ‘ GMTA System ‘ that, among other things, was able to replace traditional advertising posters with digital versions displayed on a plasma screen. 2008 Criminal Investigation While Gary enjoyed business success and his growing online reputation, he was suddenly introduced to the downsides.

Business 143

Business Government Technology Advertising 143

The IPKat

NOVEMBER 20, 2023

In his inaugural season, he finished runner-up; in 2008, he won his first title to become the then-youngest ever Formula 1 World Champion. In 2014, Lewis Hamilton was ranked ‘the most marketable athlete’. There is no doubt that, within racing motor sports, Lewis Hamilton is a famous person. Lewis Hamilton joined Formula 1 in 2007.

Art 105

Art Branding Brands Branding 105

IP and Legal Filings

JANUARY 10, 2023

These new technologies will lead to new behavioral changes and these new activities would power new markets that no one can predict at present. Class 35: – Section 35 signifies the virtual advertisements by the business and retail stores. Rockstar Videos, Inc, 2008 and TATA Sons V. IPR in Metaverse. In the case of E.S.S

Intellectual Property 59

Intellectual Property Invention Trademark Government 59

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. Sikkim stands as the only state with an online gambling statute, the Sikkim Online Gaming (Regulation) Act, 2008, and the Sikkim Online Gaming Rules, 2009.

Law 73

Law Licensing Government Advertising 73

Garrigues Blog

SEPTEMBER 29, 2021

Supreme Court Judgment no. 369/2009 of 21 May 2009 ruled in support of this theses, even if it did not implement the Spanish trademark regulation.

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

IP Whiteboard

NOVEMBER 18, 2020

In 2008, Sydney Cabs and Manly Cabs entered a Business Sale Agreement ( BSA ) which stated that Sydney Taxis would obtain certain telephone numbers of Manly Cabs at completion but did not describe the mechanism by which this was to occur ( Disputed Numbers ). Sydney Taxis operated a radio room and call centre for both Manly Cabs and RSL Cabs.

Branding 40

Branding Brands Branding Business 40

Technology & Marketing Law Blog

JUNE 26, 2023

Some possible reasons why: The 2008 en banc ruling functionally became dicta in 2012 when the Ninth Circuit held that Roommates.com never touched illegal content at all. ” Finally, Facebook argued that its tools were “neutral” because they worked the same across all advertisers, not just housing advertisers. .”

Advertising 97

Advertising Advertising Marketing Marketing 97

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. Is Amazon using the marks itself where third parties market their goods on its platform? The judge was very much in the former camp. But would a more forgiving approach be fairer?

Branding 73

Branding Brands Branding Litigation 73

IP Tech Blog

FEBRUARY 1, 2023

The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 48

Advertising Advertising Branding Brands 48

Trading Secrets

JUNE 3, 2022

2021), the defendant argued that the alleged trade secret—the exact dimensions of a patented spinal implant device for treating degenerative disc disease—was disclosed in a patent and marketing. 16, 2021), the plaintiff alleged that the defendant used the plaintiff’s manufacturer drawings to unfairly compete in the airplane parts market.

Law 59

Law Confidentiality Designs Design 59

LexBlog IP

FEBRUARY 1, 2023

The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 40

Advertising Advertising Branding Brands 40

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. A third-party is engaged to assess factors like product demand, market condition, and potential patent infringement. They were able to invest in IP protection, research and development, and advertising.

IP 40

IP Intellectual Property Branding Brands 40

Technology & Marketing Law Blog

JANUARY 23, 2024

Didion (2008) 160 Cal.App.4th Plaintiff visited the Mizzen and Main website on his mobile device, which advertised the company’s messaging program and offered a discount to customers who signed up for emails and texts. See Bruni v. — The other recent case that got my blood boiling was Derriman v.

Contracts 78

Contracts Blogging Advertising Advertising 78

Technology & Marketing Law Blog

OCTOBER 15, 2022

Smith, Internet Governance Through Site Shutdowns: The Impact of Shutting Down Two Major Commercial Sex Advertising Sites , being published in Management Science. A “key element of the rebound appears to be that the commercial sex market moved predominantly to offshore sites that could still reach U.S.-based based providers.”

Blogging 116

Blogging Advertising Advertising Marketing 116

43(B)log

FEBRUARY 21, 2022

In Re Folgers Coffee, Marketing Litig., However, consumers cannot make the quantity of cups advertised on the label if they use one tablespoon per cup. cannister of Folgers Classic Roast advertises that it makes up to 240 cups of coffee, which, according to the instructions, requires 240 tablespoons, or 1200 grams of ground coffee.

Advertising 59

Advertising Advertising False Advertising Business 59

Technology & Marketing Law Blog

MAY 2, 2024

The court says “Given Salesforce’s knowledge of the nature of Backpage’s business and the fact that Salesforce had access to content on Backpage’s platform, the Court may infer that Salesforce should have known that Plaintiffs were advertised.” ” That’s a pretty expansive inference, no?

Blogging 65

Blogging Advertising Advertising Publishing 65

Technology & Marketing Law Blog

APRIL 27, 2022

This particular lawsuit targets Craigslist even though Craigslist shut down its adult services category in 2010, eight years before FOSTA was enacted, and some of the ads in question are from 2008 or before. Craigslist appeared first on Technology & Marketing Law Blog. 230’s Immunity.

Blogging 104

Blogging Law Publishing Editing 104