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 102

Law Social Media Advertising Advertising 102

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 71

IP Advertising Advertising Copyright 71

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 87

Fair Use Licensing Copyright Marketing 87

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 73

Law Licensing Government Advertising 73

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

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

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 112

Contracts Advertising Advertising Confidentiality 112

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

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 86

Intellectual Property Cinema Marketing Marketing 86

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 84

Government Marketing Marketing Advertising 84

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

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

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 124

False Advertising Marketing Marketing Advertising 124

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

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.

Copyright 235

Copyright Trademark Cease and Desist Copying 235

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

Copyright Lately

AUGUST 14, 2023

Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market).

Fair Use 87

Fair Use Social Media Licensing Marketing 87

The TTABlog

AUGUST 30, 2023

Opposer claimed to own a family of MONSTER-formative marks, but it failed to prove the existence of a family of MONSTER marks prior to SS Vape’s July 2016 date of first use. That both parties market and sell their products through the Internet is unpersuasive. SS Vape Brands, Inc. Opposition No.

Designs 57

Designs Design Branding Brands 57

Technology & Marketing Law Blog

JUNE 18, 2023

In 2016, Malwarebytes classified Enigma’s software as “malicious,” a “threat,” and a “potentially unwanted program” (or PUP), because the programs allegedly were “scareware.” Malwarebytes appeared first on Technology & Marketing Law Blog. Bleeping Computer.

Blogging 86

Blogging False Advertising Litigation Marketing 86

TorrentFreak

APRIL 6, 2022

From a few early steps in 2016/2017 and more recently in 2022 , services are being dynamically blocked and many individuals have been arrested for broadcasting or selling access to the league’s games without permission. LaLiga Strikes Again. Top-tier Spanish football league LaLiga is now tackling live streaming piracy on all fronts.

Social Media 118

Social Media Television Intellectual Property Technology 118

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 128

Social Media Advertising Advertising Designs 128

43(B)log

FEBRUARY 21, 2024

Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” million lines of code,” or about 1,500 lines per day.

Marketing 59

Marketing Marketing Trademark Branding 59

LexBlog IP

MAY 3, 2023

The proposed Directive also regulates so-called environmental labels and their schemes, such as the EU Ecolabel and its national equivalents, awarded to products and/or services that are produced and marketed with a reduced environmental impact. 3] Court of Gorizia, order of 25 November 2021 (Alcantara S.p.A

Advertising 52

Advertising Advertising Marketing Marketing 52

43(B)log

DECEMBER 22, 2023

As far as the Court can tell, … PIRG does no work addressing false or misleading labeling for bed sheets, textiles more generally, or even false advertising as a category. So what was the problem? The cy pres doctrine simply allows for a distribution that achieves those benefits indirectly.”

False Advertising 59

False Advertising Advertising Advertising Settlement 59

TorrentFreak

DECEMBER 31, 2023

Operating from 2016 until 2018, the Flawless IPTV service served over 50,000 UK households while generating millions in revenue by selling cheap subscriptions. This resulted in hours of primetime pirate advertising. marketing the brand to a massive TV audience of millions.

Copyright 104

Copyright Reporting Branding Brands 104

43(B)log

AUGUST 31, 2021

The 2016 label references the “coastal hills” of Oregon as an “ideal region to grow” this type of wine. Marketing materials related to the 2016 version designate the same three valleys as “Regions of Origin,” and describes them as “premiere growing regions along Oregon’s coast.” the 2017 reads “ACAMPO, CA • CONTAINS SULFITES.”

Graphic Design 56

Graphic Design Government Designs Design 56

The TTABlog

JUNE 10, 2021

Ghiorse , 119 USPQ2d 1178, 1187 (TTAB 2016). The sales figures were modest and were not placed in context (market share), and the advertising figures lacked information as to the extent of exposure. Royal Crown , 127 USPQ2d at 1047 (quoting Steelbuilding.com , 75 USPQ2d at 1424); see also Nazon v. The Board was not impressed.

Advertising 52

Advertising Advertising Social Media Marketing 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. 2016); Nat’l Numismatic Certification, LLC v. This opinion tacks on more ideas: false advertising, deceptive trade practices, tortious interference, and “claims sounding in contract or tort.”

False Advertising 141

False Advertising Contracts Editing Advertising 141