Technology & Marketing Law Blog

JANUARY 29, 2022

With so many power players treating Section 230 as a political football (and a useful distraction from the ongoing coup attempt), it wasn’t clear Section 230 would survive into 2021. Section 230 had a better year in 2021, but that’s not saying much. Internet Brands ). Section 230 is clearly in trouble.

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LexBlog IP

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 billion in 2021. [1] 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. 2] Disclosures 101 for Social Media Influencers (ftc.gov). [3]

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SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. Here’s wishing all our readers a very happy, safe, and healthy new year! b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and.

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The TTABlog

APRIL 22, 2024

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). Hostess Brands, LLC v. million for the years ended December 31, 2022, 2021 and 2020 respectively.

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43(B)log

FEBRUARY 3, 2022

3d -, 2021 WL 4340670, No. 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.

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The TTABlog

JANUARY 6, 2022

Welch 2021. In re Sunset Songs, LLC , Serial No. 90114652 (January 4, 2022) (Opinion by Judge Linda A. Kuczma)[not precedential]. Applicant pointed to five existing third-party registrations for marks containing the word SUNSET in arguing that the word "SUNSET" is a weak formative]. Read comments and post your comment here. See any WYHAs?

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Technology & Marketing Law Blog

JANUARY 26, 2024

Restrictions on advertising vegan products as meat survives First Amendment challenge because the court accepts the state’s interpretation that it only applies to “misleading” marketing, which the court says is outside the First Amendment. Strain, No. 22-30236 (5th Cir. neither favorable nor unfavorable) opinions.

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IP and Legal Filings

AUGUST 4, 2022

In 2021, the global travel and tourism sector contributed over 5.8 The brands need to identify the Class under which they can register their trademark, and this is done through the NICE Classification adopted by India. This trademark was obtained with the objective of protecting and highlighting the distinctiveness of the brand.

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The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021. Julie Zerbo tells the rest of the story on The Fashion Law.

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Blogging IP Non-Fungible Tokens Cease and Desist 126

LexBlog IP

MARCH 7, 2022

TikTok, a video-sharing platform, has quickly become one of the most popular social media platforms to date. In fact, some statistics have shown that, in 2021, TikTok overtook Google as the year’s most popular domain. By: Noelle Henry. were copyright related. Choreography is another copyright issue faced by TikTok.

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LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. The following summarizes our 10 key takeaways from 2021. 4: Early Opioid Medication Litigation Rulings Favor Advertisers. Takeaway No. Takeaway No.

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LexBlog IP

OCTOBER 4, 2022

On October 3, 2022, the Securities and Exchange Commission announced charges against Kim Kardashian for violation of the anti-touting provision of the Securities Act, Section 17(b), specifically for “touting on social media a crypto asset security offered and sold by EthereumMax without disclosing the payment she received for the promotion.”

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Trading Secrets

MARCH 22, 2022

As part of Hayley Paige’s responsibilities for JLM, she was tasked with growing the “Hayley Paige” brand for the company, including “assisting with advertising programs.” 20 CV 10575-LTS-SLC, 2021 WL 827749, at *4 (S.D.N.Y. 2021 WL 827749, at *6. 2021 WL 827749, at *6. JLM Couture, Inc. Gutman , No. 4th at 789.

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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.” The new app then launched in January 2021.

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TorrentFreak

DECEMBER 24, 2021

In an injunction application dated December 2, 2021, Nintendo requested a website blocking order under section 97A of the Copyright, Designs and Patents Act 1988. It targeted six major ISPs (BT, EE, Plusnet, Sky, TalkTalk and Virgin Media) demanding that they block subscriber access to five domains carrying NSW2U and NSWROM branding.

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Herbert Smith Freehills

DECEMBER 8, 2022

Whereas they may restrict intra-brand competition or the ability to price differentially, they do not restrict inter-brand competition, where different products compete against each other, and it is therefore necessary to consider their anti-competitive effects on a case-by-case basis. Read more. . See here and here. .

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Herbert Smith Freehills

DECEMBER 8, 2022

Whereas they may restrict intra-brand competition or the ability to price differentially, they do not restrict inter-brand competition, where different products compete against each other, and it is therefore necessary to consider their anti-competitive effects on a case-by-case basis. Read more. . See here and here. .

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TorrentFreak

MAY 18, 2022

On the other, a good product coupled with brand awareness can lead to commercial success, at least until that profile attracts the wrong type of attention. As one of the most recognizable IPTV brands around, PrimeStreams appears to fall into the latter category. PrimeStreams Ignored Warning.

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43(B)log

AUGUST 17, 2021

18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. 2021), which considered all these claims except for false advertising. 2021), which considered all these claims except for false advertising.

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TorrentFreak

JANUARY 31, 2024

Russia-based trio Rapidgator (file-hosting), RuTracker (torrents) and VK, the largest social media platform in Russia, also maintain their spots. After an unexplained absence in 2021, YTS.mx The Pirate Bay is present once again, and the same is true for streaming giant Fmovies and academic research repository Sci-Hub.

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43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Several had appeared in magazines, advertising campaigns, television episodes, and films. Exotic Island Enters.,

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Dragons' Den

FEBRUARY 16, 2023

And so in December 2021, he launched an ‘in your pocket music promotions hub’. A trade mark might help to protect a brand name or logo. For example, trade secret protection might be considered to protect confidential information or know-how which has some commercial value.

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LexBlog IP

APRIL 13, 2022

According to the Complaint, in early 2021, Damon Dash, who co-owns the record label Roc-A-Fella Records, Inc. (“Roc-A-Fella”) 17] On November 11, 2021, a Twitter account named “@TarantinoNFTs” announced that the sale of the NFTs would occur in December 2021. [18]. Roc-A-Fella Records Inc. Miramax LLC v.

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IP Tech Blog

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. The Amended Complaint emphasizes the growing importance of NFTs in the fashion and brand markets, and accuses Rothschild of usurping opportunities that rightfully belong to the brand owner, Hermès. Brand owners have already begun to catch up.

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Technology & Marketing Law Blog

JULY 1, 2022

11, 2021): “a reasonable juror could conclude that the existence of a vast international conspiracy that is ignored by the government but proven by a spreadsheet on an internet blog is so inherently improbable that only a reckless man would believe it.” 10, 2021): “the complaint plausibly alleges that Trump Jr.’s

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IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. Their rights will be protected thanks to the metaverse brands’ trademarks. It might be more difficult than ever in the metaverse to police brands.

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IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. The complaint claims that artificial intelligence-created deepfakes of Anil Kapoor and his name-branded websites defraud customers. Rights are crucial in today’s competitive world of celebrities competing for fame and advertising.

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LexBlog IP

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. The Amended Complaint emphasizes the growing importance of NFTs in the fashion and brand markets, and accuses Rothschild of usurping opportunities that rightfully belong to the brand owner, Hermès. Brand owners have already begun to catch up.

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43(B)log

MARCH 18, 2022

4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country.

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LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira’s brand AMUL is internationally renowned and India’s largest food brand. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

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IIPRD

FEBRUARY 27, 2021

On 12 th February 2021, Taylor Swift re-released one of her most famous songs “Love Story” the reason being as Swift told Good Morning America last August was, “My contract says that starting November 2020 … I can record albums one through five all over again.”. IPR and Branding. “Music is art, and art is important and rare.

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The TTABlog

JUNE 10, 2021

In re GJ & AM, LLC , 2021 USPQ2d 617 (TTAB 2021) [precedential] (Opinion by Judge Marc A. 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. Welch 2021. In re Gould Paper Corp., 2d 1017, 5 USPQ2d 1110, 1112 (Fed.

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43(B)log

OCTOBER 4, 2021

slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

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The IPKat

JULY 18, 2021

Advertising Standards Authority (ASA) to regulate playlist curators Issue : Music playlist curators have an important role in the discovery and consumption of digital music and are influential in how creators are remunerated, but the extent of their paid-for activity is currently undisclosed. Slowly eats popcorn in gripped anticipation.!

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JIPL Online

APRIL 9, 2021

Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] ii] Existing copyright law is ineffective in its application to new forms of digital media. Put differently, is it fair for corporations to have their cake and eat it too? xv] See 35 U.S.C. §

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43(B)log

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. 11, 2021) Lucianne Walkowicz “has achieved a measure of celebrity as an astronomer,” and contended that defendants misappropriated distinctive aspects of their personal identity into a space-themed American Girl doll named Luciana Vega. Walkowicz v. 20-cv-374-jdp (W.D.

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43(B)log

SEPTEMBER 8, 2021

2021 WL 1321653, No. 22, 2021) The parties compete in the market for nutritional supplements. Defendants’ Teflon survey found that 88% of consumers understand “organic protein” to be a category of products rather than a brand name. Orgain, Inc. Northern Innovations Holding Corp., 8:18-cv-01253-JLS-ADS (C.D.

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