IP Tech Blog

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. Several platforms urgently need to change their game mechanics to comply with new rules.

Advertising 67

Advertising Advertising Publishing Reporting 67

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

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

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

The TTABlog

JUNE 21, 2021

Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. However, Barnard's proofs showed only that he advertised his services but not that he rendered the services.

Advertising 52

Advertising Advertising Service Mark Branding 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

LexBlog IP

FEBRUARY 28, 2023

The regulators’ enhanced focus in this area is reflective of Australian consumers’ increasing demand for ethical and sustainable business practices, and business’ increasing marketing and advertising of their credentials in these areas in response.

Marketing 52

Marketing Marketing Business Branding 52

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 Illegal Piracy Market, Report by Digital Citizens Alliance and White Bullet Finds. billion annually through advertising. billion annually through advertising.

Advertising 246

Advertising Advertising Reporting Licensing 246

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

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

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. And the exclusion also withdrew coverage for all related forms of marketing. about your goods, products or services”).

Advertising 64

Advertising Advertising Settlement Contracts 64

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

Olartemoure Blog

DECEMBER 14, 2023

This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dominant market position.

Marketing 98

Marketing Marketing Advertising Advertising 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

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

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? However, the results are consistent with each other.

Trademark 78

Trademark Advertising Advertising False Advertising 78

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

TorrentFreak

MAY 26, 2022

For many image conscious consumer-orientated businesses, a key to commercial success lies in carefully calibrated branding and marketing. Thousands of pirate sites rely on advertising to generate revenue but entertainment companies are keen to highlight the downsides of dealing with them. That might be a problem.

Advertising 127

Advertising Advertising Branding Brands 127

IPilogue

NOVEMBER 18, 2022

The success of Ye and Adidas’ co-branding partnership demonstrates how cross-licensing IP, including industrial designs and trademarks, can be a strategic marketing scheme to tap into different markets or classes of consumers. Remedies for breach of such clauses include corrective advertising, damages, and contract termination.

Business 131

Business Contracts Branding Brands 131

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

43(B)log

FEBRUARY 7, 2022

Vohra Wound Physicians” is used to refer to their physician practice groups in marketing materials and in contracts with facilities. During parts of 2018 and 2019, defendants offered payments to their physicians to promote the supply program to facilities.

Advertising 59

Advertising Advertising False Advertising Contracts 59

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

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 231

Social Media Advertising Advertising Technology 231

TorrentFreak

JANUARY 19, 2024

Among them were uhuseries.com, owlserieshd.com, and ahaseries.com, relatively popular streaming platforms targeting the Thai market. ACE Partners With TrueVisions According to ACE, the Uhuseries.com network of sites had been running since 2019, attracting an average of 1.3 2) Responsive Design with VIP membership system.

Advertising 89

Advertising Advertising Intellectual Property Editing 89

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

TorrentFreak

OCTOBER 30, 2021

These overviews provide input for the USTR’s annual notorious markets overview, where sites such as The Pirate Bay, Fmovies and Uploaded have appeared as repeat offenders. Not everyone agrees that YouTube downloaders and domain registrars are piracy havens, and adding advertising companies is seen as a controversial step as well.

Advertising 123

Advertising Advertising Reporting Copyright Infringement 123

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

The TTABlog

MAY 9, 2024

Respondent claimed, however, that petitioner's prior use resulted in "minimal market penetration," asserted that the challenged registration should survive with a carve-out granting rights to Petitioner that are geographically limited to Jellico, Tennessee, and argued laches as an affirmative defense.

Registration 48

Registration Marketing Marketing Settlement 48

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 85

Litigation Contracts Advertising Advertising 85

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

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. 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. Uber Technol., 20-cv-2320 (PKC) (S.D.N.Y.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

The IPKat

FEBRUARY 17, 2023

The e-commerce platform Amazon offers an affiliate marketing programme called Amazon Associates. Background The case concerned affiliate marketing on www.schlafbook.de. Of interest was a ranking on the site in 2019 of the supposedly three best mattresses of that year. The website deals with sleep and mattresses.

Advertising 70

Advertising Advertising Business Designs 70

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 246

Social Media Advertising Advertising Technology 246

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

The IPKat

MARCH 24, 2023

In 2019, the revocation request was granted with respect to all three classes. Because under Paragraph 8 of the Drug Advertising Act (HWG), Gufic was not allowed to advertise its products in Germany, it could not demonstrate ‘use’ of the trademark to attract customers. This is especially so if advertising would be illegal.

Trademark 85

Trademark Advertising Advertising Trademark Law 85

IP Tech Blog

FEBRUARY 26, 2024

The UK’s Advertising Standards Authority ( ASA ) has banned two ads for breach of the rule prohibiting the use of gender stereotypes in advertising, which was introduced in 2019. The authors thank Zara Bhatti for her contributions to this post. The post Harmful gender stereotypes or a double standard?

Advertising 62

Advertising Advertising Social Media Branding 62

Technology & Marketing Law Blog

OCTOBER 15, 2022

Smith, Internet Governance Through Site Shutdowns: The Impact of Shutting Down Two Major Commercial Sex Advertising Sites , being published in Management Science. A “key element of the rebound appears to be that the commercial sex market moved predominantly to offshore sites that could still reach U.S.-based based providers.”

Blogging 116

Blogging Advertising Advertising Marketing 116