Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Ariix, LLC v. NutriSearch Corp.,

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Advertising Advertising Contracts Social Media 107

Trademark and Copyright Law Blog

APRIL 25, 2022

Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Advertising best practices and what not to say. CBD, hemp, and the 2018 Farm Bill. Neil Austin , Partner, Co-Chair, Advertising & Marketing Practice.

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Advertising Advertising Trademark Intellectual Property 40

IP Tech Blog

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

Advertising 57

Advertising Advertising Social Media Publishing 57

43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms. The actionable alleged misrepresentation is that defendant performed the relevant services.

False Advertising 83

False Advertising Advertising Advertising Copying 83

LexBlog IP

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

Advertising 52

Advertising Advertising Social Media Publishing 52

The TTABlog

JUNE 21, 2021

However, Barnard's proofs showed only that he advertised his services but not that he rendered the services. Section 45 of the Trademark Act states, in pertinent part, that a service mark is in use in commerce when "it is used or displayed in the sale or advertising of services and the services are rendered in commerce."

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Advertising Advertising Service Mark Branding 52

LexBlog IP

AUGUST 9, 2022

The 2018 passage of the Farm Bill removed hemp-deprived products, like CBD, from the Controlled Substances Act, leading to a flood of CBD products to the consumer marketplace that boast a wide variety of health and beauty claims, from relieved pain to lessened anxiety, among many others. Notably, the FDA isn’t unaware of these issues.

Advertising 52

Advertising Advertising Marketing Marketing 52

43(B)log

MARCH 9, 2022

False designation of origin/false advertising: Lasoff v. 2018), “rejected trademark infringement claims like Mr. Melwani’s, holding that ‘Amazon is permitted to use a trademarked search term to direct consumers to competing products, as long as the search results are clearly labeled.’” Amazon.com, Inc., App’x 400, 401 (9th Cir.

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False Advertising Advertising Advertising Branding 69

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

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False Advertising Advertising Advertising Privacy 59

The IPKat

SEPTEMBER 12, 2023

and Calvin Klein perfumes and sold them in their stores from December 2017 to October 2018. In February 2018, ALDI SÜD advertised the perfumes in their weekly promotional brochure for Valentine’s Day. Coty claimed that the presentation and advertising of the JOOP! 15(1) EUTMR. 15(2) EUTMR ).

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Advertising Advertising Branding Brands 120

The TTABlog

MARCH 12, 2024

The licensor allowed the registration to expire in February 2018. In March 2018, Abundance filed its Section 1(a) application to register the mark, claiming use since 2008. The subject registration issued in November 2018. Respondent was permitted to use the mark until December 2017. Emphasis supplied].

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Service Mark Registration Licensing Advertising 67

43(B)log

MAY 24, 2021

Mary Kate Fernandez, The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps, 66 Loy. A striking passage on host selling: This advertising practice, illegal during children’s television programming, is fundamentally unfair to child consumers.

Advertising 40

Advertising Advertising Television Designs 40

43(B)log

FEBRUARY 7, 2022

During parts of 2018 and 2019, defendants offered payments to their physicians to promote the supply program to facilities. Defendants’ counterclaim: Did Wound Care’s statements about the illegality of defendants’ program occur in commercial advertising or promotion?

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Advertising Advertising False Advertising Contracts 59

43(B)log

AUGUST 11, 2021

On Twitter, UpCodes claimed that their copies of building codes are “kept up-to-date with all the amendments integrated natively into the code,” and separately that they had integrated “all 973 amendments” to the New Jersey 2018 codes. UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y.

False Advertising 83

False Advertising Copying Advertising Advertising 83

TorrentFreak

DECEMBER 23, 2021

billion in losses to the industry but in April 2018 the site’s progress came to a juddering halt when the platform shut itself down. On June 2, 2021, he was sentenced to three years in prison and fines in excess of US$650,000, much of it representing a clawback of revenue generated by advertising.

Advertising 130

Advertising Advertising Copyright Infringement Copyright 130

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

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Advertising Advertising Settlement Contracts 64

Olartemoure Blog

DECEMBER 5, 2023

For those commenting on the FTC’s proposal, scenarios in which junk fees tend to arise include the following: Hotel and Short-Term Lodging Fees Hotels, online travel agencies, and vacation rental providers frequently exclude fees, such as hotel resort fees and vacation rental cleaning fees, from their advertised nightly rates.

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Advertising Advertising Business Television 105

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. In particular, Adler highlights that “from 2018-2021, there were 1,595 instances of callers mentioning ‘Jim Adler’ or ‘The Texas Hammer’ in the defendants’ call logs.”

Advertising 81

Advertising Advertising False Advertising Trademark 81

IP Watchdog

SEPTEMBER 28, 2021

In 2018, Hepp was informed by a coworker that a photo of her was being used online. The photo of Hepp was taken without her knowledge or consent and she never authorized the use of the image in any advertisements. The first post appeared on Facebook as an advertisement to a dating app.

Advertising 75

Advertising Advertising IP Law 75

IPilogue

AUGUST 24, 2021

Luxembourg’s National Commission for Data Protection (CNPD) penalized Amazon for their misuse of consumer data for advertisement. French privacy rights group La Quadrature du Net alleged in 2018 that Amazon manipulates customer data for commercial purposes vis-à-vis choosing what advertising information the customers gain exposure to.

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Privacy Advertising Advertising Marketing 106

Technology & Marketing Law Blog

FEBRUARY 16, 2022

They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying?

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IP Advertising Advertising Trademark Law 126

Plagiarism Today

MAY 4, 2022

The site launched in 2018 and, until recently, was receiving about 18 million visitors per month. However, 18 months ago, the site removed all advertising and sought to keep itself afloat with donations. Finally today, Andy Maxwell at Torrentfreak writes that the popular anime pirate site AnimeKisa.tv

Copyright Notice 192

Copyright Notice Plagiarism Licensing Privacy 192

TorrentFreak

JANUARY 8, 2022

In the summer of 2018, a report from anti-piracy company Irdeto examined the payment processing abilities of 400 pirate IPTV supplier sites. It found that the majority (76%) openly advertised their payment options with Visa, Mastercard and PayPal leading the way. Improvement Over 2018 But Not Enough, Says AAPA.

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Branding Brands Branding Due Diligence 133

43(B)log

OCTOBER 11, 2023

27, 2023) Interesting bench trial result that finds no proximate causation of plaintiff’s injury from defendant’s false advertising. CV 17-7539 FMO (GJSx), 2023 WL 6296900 (C.D. Despite finding the plaintiff’s expert’s testimony about sugar and alcohol levels in defendant’s kombucha “credible and compelling,” lack of harm doomed its case.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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???) TikTok bans.

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Law Social Media Advertising Advertising 102

IPilogue

NOVEMBER 17, 2022

A month later, the restaurant found an advertisement posted by Meng for the sale of the registration of the JU DIAN & Design Mark for $100,000. In a December 2018 amendment, the Act added section 18(1)(e) , which states that a trademark registration is invalid if the application was filed in bad faith. Beijing Judian refused.

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Trademark Registration Advertising Advertising 111

TorrentFreak

JUNE 15, 2023

. ‘Music Piracy Fuels Revenue’ Twitter’s revenue partly relies on advertising which, in turn, is boosted by additional views. According to the music companies, these advertisements are also clearly visible around infringing content. ” These suspensions are not always permanent, the labels say.

Copyright Infringement 132

Copyright Infringement Music Copyright Social Media 132

43(B)log

FEBRUARY 8, 2024

However, the advertised rates don’t include the “U.S. Music Royalty Fee in addition to the advertised and promised price.” “At Subway Franchisee Advertising Fund Trust, Ltd., 2018), a reasonable consumer is not “expected to look beyond misleading representations” in one part of an advertisement “to discover the truth.

Music 59

Music Contracts Advertising Advertising 59

BYU Copyright Blog

APRIL 1, 2024

Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos also provided large complimentary promotional posters for the school to advertise with.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Applicant GB's design patent served as some evidence of non-functionality, but was outweighed by GB's own advertising touting the design's utilitarian benefits.

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Design Patent Advertising Advertising Designs 89

TorrentFreak

NOVEMBER 23, 2021

Since 2018, Liang Yongping established companies (Wuhan Chain World Technology Co., In the same period, Liang Yongping collected membership/subscription fees (“donations”) while money was also generated through advertising and the sale of hard disks containing unauthorized movies and TV shows.

Television 139

Television Copyright Editing Copyright Infringement 139

TorrentFreak

MAY 4, 2022

AnimeKisa’s domain appeared late 2018 but it took many months before it gained traction. Whether that monthly target was ever reached or exceeded is unknown but in common with many similar platforms, advertising was later added to the site. AnimeKisa Removes Advertising. AnimeKisa – An Impractical Success Story.

Advertising 114

Advertising Advertising Branding Brands 114

The IPKat

JANUARY 5, 2023

over a TV and radio advertisement which the latter had commissioned on behalf of bottled water brand Brio Blu. Said advertisement featured actor Max Tortora dressed up as popular character Zorro. Hence, a new assessment will need to be conducted to determine if the advertisement at issue would satisfy the conditions above.

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Copyright Law Advertising Advertising 138

TorrentFreak

JANUARY 18, 2022

In order to finance their operations, millions of websites rely on advertising to generate revenue. For some readers, however, excessive or obtrusive advertising is something to be combatted, often through the use of adblocking tools. Axel Springer Claims Adblocking is Copyright Infringement.

Copyright Infringement 145

Copyright Infringement Copyright Publishing Copyright Law 145

TorrentFreak

AUGUST 10, 2022

Since 2018, Brazil’s Plano de Ação de Combate à Pirataria (Action Plan to Combat Piracy/PACP) has sought to counter the country’s piracy problems but with support from ABTA, the Brazilian Pay TV/Telecom Association (Associação Brasileira de Televisão por Assinatura), Ancine and Anatel want a rapid and streamlined ISP blocking system.

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Cinema Advertising Advertising Intellectual Property 127

Herbert Smith Freehills

NOVEMBER 7, 2021

In 2020, UJU Holding ranked the largest online marketing service provider in China in terms of gross billing generated from advertisements placed by general e-commerce platform advertisers on online short video platforms. billion in 2018 to RMB184.6 The online short video marketing market in China increased from RMB30.2

Advertising 52

Advertising Advertising Marketing Marketing 52

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

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Trademark Advertising Advertising Trademark Law 52