The TTABlog

JUNE 21, 2021

However, Barnard's proofs showed only that he advertised his services but not that he rendered the services. Here Opposer Barnard relied on his alleged common law service mark rights, claiming that he had used the mark prior to applicant's filing date (its constructive first use date) of March 26, 2019. James Barnard v.

Advertising 52

Advertising Advertising Service Mark Branding 52

LexBlog IP

DECEMBER 3, 2021

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Instead, it provides a useful framework to enhance businesses’ understanding of their obligations when conducting in-game advertising. It is worth noting that this Guidance has not amended the Codes.

Advertising 52

Advertising Advertising Publishing Government 52

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.” Champion v. Moda Operandi, Inc., 3d -, 2021 WL 4340670, No.

Advertising 64

Advertising Advertising Designs Design 64

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

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.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

TorrentFreak

FEBRUARY 29, 2024

In the United States, the formation of the Trustworthy Accountability Group (TAG) in 2015 saw advertisers and advertising agencies come together to clean up the system and prevent ad revenue from reaching pirate sites. still aims to defund pirate sites and protect advertisers from undesirable associations.

Advertising 97

Advertising Advertising Branding Brands 97

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

43(B)log

SEPTEMBER 3, 2021

“Plaintiffs purchased Ikon ski passes for the 2019-20 ski season but, due to the COVID-19 pandemic, Defendants closed their ski resorts on March 15, 2020.” Defendants declined to refund their money. That was sufficient.

Contracts 59

Contracts Advertising Advertising Licensing 59

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” 1117(a)(2), a successful false advertising plaintiff can recover the costs of any completed advertising that actually and reasonably responds to the defendant’s offending ads.’” Id.

False Advertising 45

False Advertising Advertising Advertising Copying 45

Plagiarism Today

AUGUST 12, 2021

Harrison/Erickson created the original costume in 1978 and licensed its use until 2019, when negotiations broke down. 3: Advertising Fuels $1.34 billion annually through advertising. billion annually through advertising. Billion Illegal Piracy Market, Report by Digital Citizens Alliance and White Bullet Finds.

Advertising 246

Advertising Advertising Reporting Licensing 246

43(B)log

OCTOBER 9, 2023

million consent judgment, which defendants touted in a press release and advertised on Zinus’s website even after the court vacated the stipulated judgment. Courts have generally harmonized the Lanham Act with the Patent Act by requiring bad faith before claims about patent infringement can constitute false advertising.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

Law 52

Law Copyright Copyright Infringement Television 52

TorrentFreak

DECEMBER 22, 2023

Between 2019 and 2020, the man illegally streamed content owned by Canal+ which attracted 1.495 million visits, the broadcaster claimed. Arriving at an amount just over €7,177,000, the broadcaster tacked moral damages on top and demanded all advertising revenue generated by the man during the 2019-2020 period; roughly €29,900, give or take.

Advertising 89

Advertising Advertising Copyright 89

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?

Advertising 59

Advertising Advertising False Advertising Contracts 59

Plagiarism Today

AUGUST 2, 2022

In addition to the copyright issues, which includes verbatim dialog included in the songs, Netflix alleges that the duo used Bridgerton trademarks improperly in advertising the show. Peloton was notably sued in March 2019 by a group of music publishers. 2: Peloton Sued for ‘Outrageous’ Use Of Cypress Hill Songs.

Music 196

Music Copyright Infringement Licensing Advertising 196

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. So the burden falls to Princeton to show that its exclusion is valid.” Princeton Excess & Surplus Lines Ins.

Advertising 64

Advertising Advertising Settlement Contracts 64

TorrentFreak

JANUARY 10, 2024

TV Report on the Arrests According to the authorities, 30-year-old Tuan sought to buy source code for the sites back in 2019. The aim was to launch services that would distribute movies to the public, without permission from rightsholders, for the purpose of generating illegal profits from advertising.

Advertising 90

Advertising Advertising Reporting Copying 90

TorrentFreak

MAY 26, 2022

Thousands of pirate sites rely on advertising to generate revenue but entertainment companies are keen to highlight the downsides of dealing with them. The general message is that advertising on illegal platforms not only fuels piracy but also supplies a reputation boost due to association with legitimate companies.

Advertising 127

Advertising Advertising Branding Brands 127

TorrentFreak

JANUARY 19, 2024

ACE Partners With TrueVisions According to ACE, the Uhuseries.com network of sites had been running since 2019, attracting an average of 1.3 With a more-is-always-better approach towards intrusive, suspect advertising, the finished product on the right shows what can be achieved if site owners are prepared to put in the time and effort.

Advertising 89

Advertising Advertising Intellectual Property Settlement 89

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 77

Trademark Advertising Advertising False Advertising 77

IP Law 360

OCTOBER 10, 2023

Supreme Court on Tuesday refused to review a California appellate court's finding that the makers of the 2019 film "Once Upon a Time … in Hollywood" did not infringe the trademark rights of the late actor Christopher Jones when his name and persona were used without permission in advertising scenes.

Advertising 40

Advertising Advertising Trademark 40

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. In addition to rights of the author, German copyright law also recognises related rights.

Related Rights 52

Related Rights Law Copyright Copying 52

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 84

Litigation Contracts Advertising Advertising 84

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.

Law 102

Law Social Media Advertising Advertising 102

Kluwer Copyright Blog

AUGUST 25, 2023

The case of Evans v John Lewis Plc & Anor [2023] EWHC 766 (IPEC) is a copyright infringement claim in which the IPEC (a specialist IP court in the UK) was asked to decide whether John Lewis’s 2019 Christmas advert and an associated book infringed the copyright in a children’s book.

Copyright 52

Copyright Copying Copyright Infringement Social Media 52

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.

Copyright 138

Copyright Law Advertising Advertising 138

SpicyIP

NOVEMBER 2, 2021

We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. As per the Dynamic Trade Marks Utilities , 334,633 applications filed in the year 2019 reached the examination stage.

Reporting 126

Reporting Trademark Advertising Advertising 126

TorrentFreak

OCTOBER 30, 2021

Not everyone agrees that YouTube downloaders and domain registrars are piracy havens, and adding advertising companies is seen as a controversial step as well. They include advertising company PopAds , which is described as follows: PopAds and PopCash are ad networks owned by Tomksoft in Poland but incorporated in Costa Rica.

Advertising 123

Advertising Advertising Reporting Copyright Infringement 123

IPilogue

NOVEMBER 18, 2022

These clauses should address the potential for “tarnishment, loss of goodwill or reduction in brand value that may stem from reputational damage experienced by either party” ( World Trademark Review, 2019 ). Remedies for breach of such clauses include corrective advertising, damages, and contract termination.

Business 131

Business Contracts Branding Brands 131

Trading Secrets

FEBRUARY 5, 2024

In the summer of 2019, while the parties were negotiating a distribution agreement, Aegis terminated its relationship with Life Spine, a decision Life Spine described as “abrupt.” Aegis would receive ProLift devices on loan in order to demonstrate them to prospective customers.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

LexBlog IP

FEBRUARY 5, 2024

In the summer of 2019, while the parties were negotiating a distribution agreement, Aegis terminated its relationship with Life Spine, a decision Life Spine described as “abrupt.” Aegis would receive ProLift devices on loan in order to demonstrate them to prospective customers.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

Plagiarism Today

AUGUST 10, 2022

In 2019, a local court ordered the nation’s internet service providers to block access to the Mega file sharing service. Under the system, rightsholders, advertisers and technology partners will work together to block access to pirate websites, ideally within 48 hours (if it follows Portugal’s system).

Cinema 187

Cinema Copyright Infringement Plagiarism Licensing 187

43(B)log

SEPTEMBER 7, 2021

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. But in 2019, Uber Technology allegedly began preparatory steps to enter the advertising business.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

Above the Fold

AUGUST 31, 2022

The FTC’s complaint alleges that before 2019, Electrowarmth used U.S.-made made textiles and moved their production to China, while still advertising that their mattress pads were “Made in USA”, “Made in the USA since 1939,” and “made-in-America products.”. made textiles for their mattress pads.

Advertising 52

Advertising Advertising Branding Brands 52

TorrentFreak

JULY 6, 2022

The MPA says that in order for commercial-scale pirates (such as IPTV providers & streaming platforms) to operate, they need access to legitimate services such as online hosting, advertising, payment processing and e-commerce platforms. With more traffic than Hulu, HBO Go and Sky, that was a very big deal.

Due Diligence 132

Due Diligence Business Advertising Advertising 132