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]

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Above the Fold

DECEMBER 30, 2022

The Federal Trade Commission (FTC) announced earlier this month that it is seeking public comments on potential updates to its “Guides for the Use of Environmental Marketing Claims” (“Guides,” also known as “Green Guides”).

Marketing 52

Marketing Marketing Advertising Advertising 52

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. The FTC issued its first Green Guide in 1992, which it subsequently revised in 1996, 1998, and 2012. [2]

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Advertising Advertising Marketing Marketing 52

43(B)log

OCTOBER 1, 2021

Whole Foods Market Service, Inc., Whole Foods began purchasing small quantities of basil from them and selling the product in Whole Foods Market stores in the San Diego area in 2007. False advertising: Plaintiffs didn’t plausibly plead a false or misleading statement in a commercial advertisement or promotion.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. Starting in 2012, Uber Inc. Uber Technol.,

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

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False Advertising Advertising Advertising Social Media 59

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

LexBlog IP

DECEMBER 30, 2022

The Federal Trade Commission (FTC) announced earlier this month that it is seeking public comments on potential updates to its “Guides for the Use of Environmental Marketing Claims” (“Guides,” also known as “Green Guides”).

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Marketing Marketing Advertising Advertising 40

LexBlog IP

SEPTEMBER 14, 2022

Securities and Exchange Commission Allison Herren Lee observed that “climate risks and sustainability are critical issues for the investing public and our capital markets.” In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims. sustainable). million in penalties.

Marketing 52

Marketing Marketing Advertising Advertising 52

TorrentFreak

APRIL 10, 2024

A similar but broader effort failed in 2012 but twelve years is a very long time; in the tech and internet world, it’s almost forever. ” As stories go, it’s as compelling as a synopsis accompanying a good film on Netflix which promises and then delivers, exactly as advertised. Avatar: The Way of Water surging past $2.3

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Television Business Reporting Law 103

TorrentFreak

NOVEMBER 17, 2022

Police say that they uncovered a network, operating through various companies, that had been fraudulently commercializing video content since 2012. Police say that than 95 resellers represented the service in Spain, UK, Malta, Portugal, Cyprus, and Greece.

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Television Reporting Advertising Advertising 95

43(B)log

MARCH 25, 2024

These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge.

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Advertising Advertising Social Media Government 64

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. WGACA, LLC, 2022 WL 902931, No. 2253 (LLS) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark. Introduction. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand.

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Trademark Advertising Advertising Registration 54

43(B)log

FEBRUARY 21, 2022

Although Kroger claimed that it was no longer using “ ‘Produced in the USA’ language in connection with any beef advertisements,” the court pointed out that it saw promotional stickers saying that in the store, and thus “understood” Kroger’s statement to mean only that the logos were no longer in mailings or other out-of-store ads.

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Advertising Advertising False Advertising Government 59

IP and Legal Filings

SEPTEMBER 2, 2021

This implies that the Treaty prevents the usage of the Olympic symbol on any goods, advertisements or websites that are unaccredited by the IOC. The marketing partners for the Olympic games are granted exclusive rights to use the mascots as well as the slogans related to it for marketing purposes.

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 52

43(B)log

NOVEMBER 28, 2022

Marketing, Sales Practices & Prods. 23, 2022) Manufacturers lose an opportunity to create a circuit split on whether overpaying for a product that generally has a defect, which defect did not manifest for the class plaintiffs but plausibly reduced the value of the product, provides standing for a false advertising monetary relief claim.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

TorrentFreak

JULY 11, 2022

For example, another recent target – Mixdrop.co – loads with no issues and the same holds true for ThePirateBay.org, the BPI’s first ever blocking target a decade ago in 2012. It’s hard to draw firm conclusions but this tends to suggest that EE doesn’t view site blocking as an exciting marketing opportunity.

Music 129

Music Publishing Ownership Marketing 129

43(B)log

NOVEMBER 11, 2022

8, 2022) Plaintiffs claimed that Huggies Snug and Dry diapers were falsely advertised as safe/not harsh for babies, but their son developed “severe and persistent rashes, lesions, blistering, and what appeared to be chemical burns on his skin” under the diaper. Kimberly-Clark Corp., 2:21-cv-01519-DAD-KJN, 2022 WL 16804522 (E.D.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

TorrentFreak

FEBRUARY 15, 2022

With around 90% of the search market, Google is regularly criticized by rightsholders for allowing infringing content to appear in its search results. It has removed billions of reported infringing links and since 2012 has been downranking pirate sites, something that hit torrent portals particularly hard.

Social Media 103

Social Media Publishing Copyright Law Copyright 103

Velocity of Content

OCTOBER 4, 2022

Unfortunately, much of what has been written about OA from the funder perspective looks at the journal market as comprised exclusively of two binary revenue inputs: APCs and institutional (academic) subscriptions. Corporations do not subscribe because they want to pay money; they subscribe because they rely on the content. Refining “Open”.

Journalism 98

Journalism Publishing Licensing Copying 98

IP and Legal Filings

JANUARY 2, 2024

Financial intermediaries like banks and stock markets provided loans and facilitated share capital inflow and trading. However, start-ups often start with high costs and limited revenue, making it difficult for them to mobilize capital from traditional channels like the stock market or financial institutions. 100 Crores.

Business 80

Business Reporting Marketing Marketing 80

IP and Legal Filings

NOVEMBER 11, 2021

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Firstly, trademarks help distinguish one product from another in the market. Lastly, trademarks are pivotal for commercial purposes such as sales and advertisements.

Trademark 83

Trademark Cease and Desist Branding Brands 83

Patently-O

JULY 17, 2022

Once a brand drug is no longer patented, the fact that some of the drug’s uses remain patented “will not foreclose marketing a generic drug for other unpatented [uses].” Caraco (2012). So Teva carved out that use and came to market with its “skinny” label. It played by the rules, exactly as Congress intended. Prost in dissent.

Branding 60

Branding Brands Branding Marketing 60

Art Law Journal

OCTOBER 29, 2021

As if completing a project isn’t difficult enough, many artists find themselves seriously stuck when they begin establishing their initial market or when looking to increase their art’s value over time. In 2012, when Borbay first established the guide, he had been working full-time as an artist for three years. Borbay.com.

Artwork 52

Artwork Art Business Marketing 52

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

JUNE 16, 2022

After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.” 22, 2022) Plaintiffs used Omaze’s website to “donate” money to various charities and be entered for chances to win prizes. The court granted the motion to dismiss in part.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 59 Murray Enterprises, Inc.,

Social Media 59

Social Media False Advertising Advertising Advertising 59

DuetsBlog

JUNE 15, 2020

Rapala: Happy Fishing on Mother’s Day (2012). Rapala’s “More Hits Than Google” Billboard Update (Photo Included) (2009). Good Bye Google, Hello Whudjagiddumon? Rapala Taunts a Monster? Rapala Billboard Ads Continue to Engage (2013). Eat More Walleye? Top Ten Questions About Rapala Minnocchio (2015).

Registering Trademarks 52

Registering Trademarks Trademark Branding Brands 52

Kashishipr

JUNE 9, 2021

The services are advertised on the idea that customers can store the files for offline usage, and that is a unique selling point of the service, and it thus is not incidental. Although customers may have easy and legal access to music than before, how true is it in India? The uncertainty about the substantive provision remains. Conclusion.

Music 98

Music Licensing Television Copyright Infringement 98

SpicyIP

NOVEMBER 8, 2023

In an October 2012 post, Kruttika Vijay highlighted the Supreme Court’s concerns over the lack of transparency in clinical trials in India. Only then does Google need to take action against the advertisement and not otherwise. We must think through these and more solutions and do so sooner rather than later.

Trademark 59

Trademark Publishing Journalism Copyright 59

JIPL Online

FEBRUARY 26, 2021

xxxiv] Justice Breyer was arguing that any “generic.com” mark will be eligible for trademark registration if they financially invest into advertising over some time which then, the consumer will be able to identify the mark with the source in consumer surveys. 1013, 1015-1016 (2012). xxix] Robert C. Bird & Joel H. xxx] Dominic A.

Trademark 98

Trademark Registration Trademark Law Advertising 98

Intepat

MAY 16, 2023

Ramkumar Jewellers (2012), the defendant copied the plaintiff’s advertisement picture containing a popular artistic pose of Amitabh Bachchan and Jaya Bachchan. Even though it was a marketing ploy for Puma’s Black Friday sales, this could be a substantial violation of publicity rights if it was not carried out with consent.

Branding 98

Branding Brands Branding Personality Rights 98

Corsearch

APRIL 19, 2023

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. For all brands and marketers, the purpose driven element is critical. Gone are the days of consumers relying on official company websites and advertising to make purchasing decisions.

Branding 40

Branding Brands Branding Social Media 40

Trading Secrets

JUNE 22, 2022

Conscious of the environment, evolving technology and the communities we work in, this new venture allows me to incorporate what I have learned from where I have been, while considering where the market and our world is headed.” Maas (2012) 208 Cal.App.4th 4) There is a fine line between “solicit” and “advertisement.”

Ownership 98

Ownership Business Contracts Law 98

43(B)log

FEBRUARY 16, 2024

Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked.” Tam and Brunetti, striking down various bars on registration.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

NOVEMBER 8, 2022

When Mahindra launched the XUV700 with autonomous driving features in India last year, there was a huge uproar in the Indian car market. In conclusion, a specifically tailored act suitable for the incubation of autonomous vehicles into the Indian market has to be enacted keeping in mind various Indian scenarios. 1423 (2012).,

Privacy 52

Privacy Technology Government Designs 52