IPilogue

NOVEMBER 18, 2022

This includes at least eight US design patents filed by Adidas in 2016 that claim the ornamental design of the Yeezy sneakers. Remedies for breach of such clauses include corrective advertising, damages, and contract termination. A licensing agreement between Mascotte and Adidas exists for the “Yeezy” trademarks.

Business 131

Business Contracts Branding Brands 131

43(B)log

JUNE 17, 2022

InterNACHI argued that ASHI’s tagline constituted Lanham Act false advertising because it portrays ASHI’s entire membership as being educated, tested, verified, and certified, even though its membership includes so-called “novice” inspectors who have yet to complete training or become certified.

False Advertising 56

False Advertising Advertising Advertising Marketing 56

43(B)log

SEPTEMBER 20, 2021

In 2016, the CDC and the FDA began investigating reported instances of illnesses related to Listeria and soon determined that the strains were “closely related to strains” of Listeria detected in vegetables processed at CRF’s facility. Lanham Act claim: The recall was not “commercial advertising or promotion.” 3d 723 (6th Cir.

Advertising 56

Advertising Advertising Business Reporting 56

43(B)log

JANUARY 3, 2024

I’m only going to discuss the false association/false advertising bits; as to the latter, state law provides more protection than federal because of the “commercial advertising or promotion” requirement for Lanham Act false advertising. The false association/coordinate state law claims survived. Ankura Consulting Grp.,

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. and many markets globally.” “So

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

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. Musk has bridged that gap. unless you are a Nazi or wannabe.

Law 103

Law Social Media Advertising Advertising 103

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

False Advertising 45

False Advertising Advertising Advertising Patent 45

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

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” Philpot sued in 2020 over the 2016 IJR publication, i.e., after the 3 year statute of limitations that no one seems to care about post-Petrella. (In ” Market Effect. Larry Philpot is a repeat copyright plaintiff.

Fair Use 88

Fair Use Licensing Copyright Marketing 88

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

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. During the Victorian British Rule, horse betting was also introduced in India.

Law 70

Law Licensing Government Advertising 70

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

The IPKat

MARCH 25, 2024

On 27 June 2016, BIW filed another application for EU trade mark no. In 2020, New Yorker Marketing & Media International GmbH (‘New Yorker’) filed invalidity applications against BIW’s trade marks, alleging that they lacked distinctiveness and were descriptive at the filing date ( Art. Both trade marks were registered.

Music 107

Music Cinema Designs Design 107

Technology & Marketing Law Blog

MARCH 29, 2022

She played the game virtually every day from 2016-19–over 10,000 hours worth–and spent over $9,000 on in-game transactions. Forge of Empires appeared first on Technology & Marketing Law Blog. This lawsuit involves the freemium videogame “ Forge of Empires.” March 28, 2022).

Contracts 113

Contracts Advertising Advertising Confidentiality 113

TorrentFreak

OCTOBER 25, 2023

The suggestion that broadcasters were taken by complete surprise underestimates their market awareness, but whether most expected the initial hors d’oeuvre to be immediately followed by a perpetual all-you-can eat TV banquet, seems at least somewhat improbable. ’ as reported by local media.

Reporting 91

Reporting Copyright Infringement Copyright Business 91

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

Copyright 109

Copyright Advertising Advertising Trademark 109

43(B)log

OCTOBER 4, 2021

22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” Change over time in likelihood of confusion, not change over time in market share, is the key.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

TorrentFreak

NOVEMBER 14, 2022

So-called ‘fully-loaded’ Android boxes were openly sold on eBay, Amazon, and other online platforms, while local markets, car boot sales, and dedicated retail units offered a same-day service. New Marketing Strategy Changed Nothing. This prompted a marketing review at DroidSticks. Powell Was Raided in June 2016.

Intellectual Property 87

Intellectual Property Cinema Marketing Marketing 87

Above the Fold

MAY 25, 2022

billion in 2016, to 4.2 Beyond traditional advertisements, companies leverage “influencers” – from the micro-influencer to the Kardashians to showcase their products. The scope and reasonableness of the program depends largely on the potential risks for consumer harm, based on the product or service being advertised.

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. Jain had approximately $25 million in Central Valley sales in 2016. Jain is Netafim’s largest competitor.

False Advertising 59

False Advertising Advertising Advertising Blogging 59

Herbert Smith Freehills

DECEMBER 13, 2021

HK), AI-based mobile app developer and mobile advertising platform services provider Newborn Town Inc (09911.HK), HK), online marketing solutions provider Netjoy Holdings Limited (02131.HK), HK), and online marketing solutions provider UJU Holding Limited (01948.HK). billion in 2016 to 3.0 75%???. ????????????????53.2%?????????2016??5????2020??30?????2025???40.1%?????????????163??.

Marketing 52

Marketing Marketing Business Technology 52

TorrentFreak

AUGUST 24, 2023

government, leading to the platform making annual appearances in the USTR’s ‘notorious markets’ list. The site was sued in the United States in 2016 and emerged on the wrong end of a $210,000 judgment , yet appeared entirely unaffected. One of the claimed benefits of Fmovies is that advertising is kept to a minimum.

Government 85

Government Marketing Marketing Advertising 85

The IPKat

JUNE 11, 2022

However, upon further examination, it appears that the outcome was to be expected, given that revocation proceedings were based on a lack of genuine use of the mark between 2011 and 2016. from 14 October 2011 to 13 October 2016). Trying to follow Apple's words of wisdom.

Advertising 97

Advertising Advertising Reporting Branding 97

TorrentFreak

MAY 23, 2023

If the best ideas are always the simplest, in 2016 software developer Elias Saba hit the jackpot. Released on the Amazon Appstore in November 2016, Saba’s ‘Downloader’ app offered users just two things; an empty URL field and a download button. ISPs to block the sites after all.

Copyright 145

Copyright Copyright Infringement Copying Marketing 145

IPilogue

SEPTEMBER 29, 2021

Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. In fact, nearly all creations by Andy Warhol are derivatives of existing images—celebrity photos, advertisements, magazine illustrations, etc.—to

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. For example, in 2016, the NCAA filed a lawsuit against a company that was using the phrase “April Madness” to promote its own events.

Branding 40

Branding Brands Branding Cease and Desist 40

43(B)log

MAY 19, 2023

Natera’s advertising touted “fewer false positives and fewer false negatives” and offered patients the ability to “[d]iscover more about your baby’s health.” In 2016, Natera acknowledged the results of a published study which found that Panorama had an 18% PPV for DiGeorge syndrome, a rare genetic condition.

Advertising 52

Advertising Advertising False Advertising Law 52

LexBlog IP

MAY 25, 2022

billion in 2016, to 4.2 Beyond traditional advertisements, companies leverage “influencers” – from the micro-influencer to the Kardashians to showcase their products. The scope and reasonableness of the program depends largely on the potential risks for consumer harm, based on the product or service being advertised.

Social Media 52

Social Media Branding Brands Branding 52

TorrentFreak

MARCH 10, 2022

Indeed, we report way more than they do but according to van Voorn, the North American market is being hit hard. Possibly as a result, mid-2020 Watchsomuch was advertising on Twitter that its.org domain wasn’t the only option for accessing the platform. So how do these agreements work?

Cease and Desist 94

Cease and Desist Reporting Advertising Advertising 94

Garrigues Blog

FEBRUARY 5, 2024

Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS. 2 of Madrid dismissed the lawsuit ( Judgment 87/2016, March 15 ). The Commercial Court No.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. This primarily includes three groups of people: Those who sell costume elements on sites such as Etsy, those that use costumes in advertising or promotion and those that operated haunted attractions.

Trademark 246

Trademark Copyright Cease and Desist Copying 246

43(B)log

SEPTEMBER 21, 2023

But they are “part of [Starbucks’s] ‘Refresher’ line of beverages, marketed as fruit-based beverages.” The following marketing images allegedly show that “the presence of fruit in the Products is central to the Products’ identity.” 3d 958, 965 (9th Cir.

Advertising 64

Advertising Advertising Marketing Marketing 64

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Alkutkar joined Bumble in 2016. Bumble appeared first on Technology & Marketing Law Blog. Bumble successfully redirects the case to arbitration based on its TOS. Bumble, Inc.

False Advertising 125

False Advertising Marketing Marketing Advertising 125

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

IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. 3) Examination of the application- Per the Trademarks Act 2016, the government authorities issue an examiner.

Trademark 75

Trademark Service Mark Registration Registering Trademarks 75