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

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. It said this showed it had not copied the book.

Copyright 52

Copyright Copying Copyright Infringement Social Media 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 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 Television Copyright Infringement 52

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 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

TorrentFreak

NOVEMBER 30, 2022

Hollywood believes that these ‘cam’ copies cause significant damage to the cinema industry, an opinion shared by the UK’s Film Distributors’ Association. Sources confirm that the copies were traced back to two multi-screen cinemas, both of them in Liverpool, the location mentioned by PIPCU.

Cinema 125

Cinema Intellectual Property Copying Government 125

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

TorrentFreak

FEBRUARY 16, 2023

The site offered downloads and streams of roughly 12,000 pirated copies of movies and 26,000 TV shows. The true purpose of the site was obvious and its operators publicly advertised it as the best way to watch entertainment without paying. This free-for-all approach generated serious advertising revenues for the site.

Advertising 125

Advertising Advertising Copying Intellectual Property 125

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 78

Trademark Advertising Advertising False Advertising 78

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

TorrentFreak

MARCH 28, 2024

“Beginning in 2016 and continuing through 2019, Freemon sold illegally modified Fire TV Stick devices. This service originally operated as ‘Nitro TV’ between 2019 and 2021. These devices connect to a regular TV and allow customers to access unauthorized content.”

Copyright Infringement 97

Copyright Infringement Copyright Business Copyright Law 97

BYU Copyright Blog

OCTOBER 17, 2022

In the Complaint, Bowers argues that the Defendants “took Plaintiff’s copyrighted Work without a proper license in order to nationally advertise, market, and promote its business activities across the Kansas City, Missouri area.” The use of the Work on the College's graphic design department website was allegedly discovered in 2019.Bowers

Graphic Design 52

Graphic Design Settlement Advertising Advertising 52

The TTABlog

DECEMBER 6, 2021

2019 USPQ2d 460354 at *23. Dimarzio claimed use of the proposed mark since 1979, with millions of consumers observing its guitar pickups in videos, advertisements, and musical performances. Tool , 2019 USPQ2d 460354, at *25. The Board concluded that DiMarzio's advertising fell short of supporting its Section 2(f) claim.

Advertising 100

Advertising Advertising Marketing Marketing 100

IIPRD

MARCH 4, 2024

For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. Sri Sri Ganesh Productions, AIRONLINE 2019 DEL 1017. [2] 2] Novartis v. Cipla, I.A. 24863/2014. [3] 3] Starbucks Corporation v.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. State of T.N., Scripps Howard Broadcasting Co., 2007, I, no.

Privacy 94

Privacy Intellectual Property Law Intellectual Property Advertising 94

43(B)log

MARCH 10, 2023

An axe-throwing business owner testified that, in 2019, he and two other league members believed that WATL worked with Cold Steel to manufacture axes, based on advertisements on Cold Steel’s website. Use of the mark with the words “compliant,” “legal,” and “meets.

Fair Use 69

Fair Use False Advertising Social Media Advertising 69

The IPKat

JUNE 23, 2023

During Summer 2019, Mercredie became aware of the fall-winter 2019 advertising campaign, entitled #MajeMyDogandI, by ready-to-wear company Maje. As a result, Mercredie sent a cease-and-desist letter to the French brand on 16 September 2019. This said, the court turned its attention to analyzing the alleged infringement.

Copyright 95

Copyright Cease and Desist Copyright Infringement Publishing 95

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. The Indian press publication industry is investing in digital properties to capture the growth of revenue from digital advertising as the consumption pattern of the news is shifting to digital space. Analysis in Indian Context.

Publishing 105

Publishing Marketing Marketing Advertising 105

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

TorrentFreak

SEPTEMBER 22, 2023

Back in 2019, Japanese authorities arrested the operator of Mangamura, the leading manga piracy site at the time. The Tokyo District Court did previously fine two advertising companies for placing ads on Mangamura. — A copy of U.S. Mangamura Shutdown These enforcement efforts are intensifying but they are not new.

Publishing 106

Publishing Reporting IP Advertising 106

IP and Legal Filings

FEBRUARY 15, 2023

It has opened wide range of facilities for us like entertainment, education, advertisements, communication etc. Any user can easily copy, duplicate or access the data without the permission of the author and it is difficult to trace them back due to the issues of privacy and other matters. Kim cartoon and Ors. , Kim cartoon and Ors.,

Copyright Law 88

Copyright Law Copyright Law Social Media 88

TorrentFreak

JUNE 7, 2023

Back in 2019, Japanese authorities arrested the operator of Mangamura, one of the leading manga pirate sites at the time. The Tokyo District Court did previously fine two advertising companies for placing ads on Mangamura. These enforcement efforts are intensifying but they are not new.

Publishing 102

Publishing Advertising Advertising Copying 102

Copyright Lately

JANUARY 29, 2024

In 2019, the U.S. provides a remedy against “[a]ny person who uses a deceased personality’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent.”

Registration 93

Registration Television Advertising Advertising 93

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. Monster Energy Co.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

TorrentFreak

OCTOBER 10, 2022

Since at least 2019 , Italian authorities have targeted Telegram channels linked to illicit IPTV services and movie and TV show piracy , but protection of literary works is becoming increasingly common. The regulator said that Telegram and WhatsApp groups were mass distributing PDF copies of newspapers and periodicals on a daily basis.

Advertising 126

Advertising Advertising Cinema Copyright Infringement 126

TorrentFreak

AUGUST 14, 2023

Lux Vide Sues File-Hosting Platform Easybytez In a complaint filed at a Michigan district court in August 2019, Lux Vide (Lux Vide Finanziaria Per Iniziative Audiovisive e Telematiche S.p.A.) Lux Vide has also recently emerged from an extended copyright lawsuit, one that predates the coronavirus pandemic. District Judge Robert J.

Television 97

Television Reporting Advertising Advertising 97

43(B)log

AUGUST 18, 2022

12, 2022) Many FDA-related false advertising claims about pharmaceuticals are preempted because of the special role FDA plays in regulating them, but not all, as this case explains, applying Pom Wonderful to the pharmaceutical context. Relatedly, this wasn’t an attempt to enforce the FDCA directly, but a false advertising claim.

False Advertising 59

False Advertising Law Advertising Advertising 59

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AKF sued LCF etc. AT&T Mobility, LLC, 710 F.3d

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Secure Distribution is a means of distributing digital content using encrypted codes which prohibit copying and limits the number of devices a product can be accessed from.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. 2019 WL 3555509 (D. 634 F.Supp.2d

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

LexBlog IP

SEPTEMBER 22, 2022

Johnson Enterprises bought a copy of the P&P game, sent samples to a Chinese manufacturer, and began selling an almost identical version of P&P’s game that it called “Tailgating Pros White Connect 4” in October 2017.

Copying 52

Copying Marketing Marketing Advertising 52

The TTABlog

JUNE 5, 2023

and is strong evidence of Applicant’s intent to copy and create an association with Opposer’s mark." Opposer has continuously advertised and sold beverages under the mark PEPSI-COLA since 1898. Opposer has continuously advertised and sold beverages under the mark PEPSI-COLA since 1898. PepsiCo, Inc.

Branding 52

Branding Brands Branding Advertising 52

IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. sought an interim injunction against Hindustan Coco-Cola for infringement of their copyright on ‘Yeh Dil Maange More’ which was used by Hindustan Coco-Cola as ‘Kyo Dil Maange No More’ in their advertisement.

Copyright Law 81

Copyright Law Copyright Law Copyright Infringement 81

Intellectual Property Office Blog

JULY 29, 2021

As ITV2’s most successful show of all time, it’s no surprise that it attracts such huge sponsors and advertisers to invest. Molly Mae rose to fame following 2019’s season where she came in second place with her now long-term boyfriend Tommy Fury. million viewers back in 2020. Take Molly Mae Hague as an example.

IP 85

IP Branding Brands Branding 85

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.” Downloads declined after a 2015 peak. Significantly favored Peloton.

Marketing 59

Marketing Marketing Trademark Branding 59

Technology & Marketing Law Blog

MAY 13, 2024

As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. s Terms of Service (“ToS”) when it created a new account in 2019. However, scraping generally means “extracting data from a website and copying it into a structured format, allowing for data manipulation or analysis.”

Blogging 94

Blogging Contracts Cease and Desist Social Media 94