JD Supra Law

SEPTEMBER 30, 2022

Just as sponsored content dominates social media, so too will advertising blanket the metaverse. As affirmed at the 2022 National Advertising Division (NAD) Annual Conference, the traditional. The metaverse virtual world is a shiny new sandbox for brands to play in. By: Katten Muchin Rosenman LLP

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Erik K Pelton

DECEMBER 20, 2022

Here are the biggest trademark stories of 2022 that we have been following at EMP&A. The application was initially approved and published for opposition in June 2022. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. © 2022 Erik M.

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LexBlog IP

NOVEMBER 7, 2022

Seyfarth Shaw is a Law Master Sponsor for the 2022 ANA Masters of Advertising Law Conference, the biggest advertising, marketing, and promotion law conference in the nation. Seyfarth’s topics include: Advertising Litigation Developments. On Thursday, November 10 at 11:05 a.m. On Wednesday, November 9 at 5:15 p.m.

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Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. 2022 WL 4596646 (C.D. July 24, 2022). More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Case citation : Porta-Fab Corporation v.

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Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. As the court says later, “it seems unlikely that an Internet user who reads defendant’s advertisements would believe that they belong to or are endorsed by plaintiffs.”

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43(B)log

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? The screenshot was “commercial advertising or promotion.” The allegation that hundreds of brands have been targeted by Tundra’s false advertising “supports an inference Tundra’s misrepresentations have the tendency to deceive a substantial segment of Faire’s audience.”

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43(B)log

NOVEMBER 23, 2022

SA-22-CV-00096-XR, 2022 WL 17086368 (W.D. 18, 2022) Lexmark provides standing to a purchaser because the harms it alleged are “commercial” harms. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived. AHBP LLC v.

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IP and Legal Filings

MARCH 15, 2023

The company aims at highlighting the qualities of the products through advertisements which thereafter becomes an advertisement campaign which build the market identity of the product. The advertisements require a lot of brainstorming in highlighting the distinctive characteristics of the product and build its uniqueness.

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43(B)log

FEBRUARY 26, 2024

Lawmakers in New York City and New York State banned the sale of unfinished frames and receivers in 2020 and 2022, respectively. The advertising bit: Defendants allegedly misled New York customers into “believing that unfinished frames and receivers are legal workarounds to New York’s gun control laws, as well as federal law.”

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Technology & Marketing Law Blog

AUGUST 29, 2022

That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. Nevertheless, as the semester has already started at Santa Clara Law, I’ll do my rundown of my 2022 outputs-to-date anyway. Regulation of Political Advertising (2022 Edition).

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The IPKat

APRIL 23, 2022

Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. 16 of 11 March 2020 ('Law-Decree No. 16/2020'), converted with amendments, by Law No. 31 of 8 May 2020 ('Law No.

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43(B)log

DECEMBER 12, 2022

2022 WL 5245633, No. 6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. In re Windstream Holdings, Inc., 21-CV-4552 (CS) (S.D.N.Y.

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LexBlog IP

SEPTEMBER 30, 2022

On August 23, 2022, the Federal Trade Commission announced it will continue to seek additional public comment on how children are increasingly being affected by digital advertising and marketing messages “that may blur the line between ads and entertainment.” And that question is even more acute when it comes to children.

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43(B)log

JUNE 22, 2022

2022 WL 2205263, -- F. 22, 2022) Held: A warranty is not “commercial advertising or promotion” under the Lanham Act. Plaintiffs sued for breach of contract under Tennessee common law and false advertising in violation of the Lanham Act. (OK, Plateau Casualty Ins. Securranty, Inc., 3d --, No. 2:22-cv-00007 (M.D.

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43(B)log

MARCH 16, 2023

Despite Romag , the court declines to award disgorgement or fees in this false advertising case. A jury found that Harbor Breeze proved all elements of liability for false advertising but awarded $0 in damages and profits. And they used the phrase “Feel the Harbor Breezes” in a pay-per-click advertisement on Google.

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TorrentFreak

MARCH 18, 2023

458 Investigations, 449 Sites/Services Removed Published this week, BREIN’s annual report for 2022 covers enforcement actions carried out on behalf of rightsholders across most sectors, including movies, TV shows, music, games, and publishing. At the end of 2022, 196 proxies and mirrors were also blocked by IP address and/or DNS.

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IP and Legal Filings

SEPTEMBER 21, 2022

The Karnataka High Court in one of their recent judgement in matter of Hubballi Dharwad Advertisers Association (R) v. The issue that is being discussed hear is about the conflict between the advertisement tax and the Good Service Tax and whether the implementation of both taxes lead to the problem of Double taxation. State of U.P [3]

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43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). IDT removed its “Made in USA” advertising in the first 8 months of 2022, and its on-line sales increased during that time period. There’s more, including public disputes on Craigslist.

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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. In April, CAP announced a tightening of these rules , which will come into effect on 1 October 2022.

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43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

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43(B)log

JANUARY 6, 2022

4 th , 2022 WL 39839, No. 5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy. Evanston Ins.

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43(B)log

AUGUST 5, 2022

CV-21-00228-TUC-SHR, 2022 WL 3098042 (D. 4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?

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JD Supra Law

SEPTEMBER 9, 2022

On February 15, 2022, the Georgia Supreme Court held that the sale of one’s trade name in a keyword advertising service is not the theft of another’s trade name. 305, 2022 Ga. Lexis 29, 2022 WL451876 (Ga. Lexis 29, 2022 WL451876 (Ga. In Edible IP, LLC v. Google, LLC, 313 Ga. By: Dunlap Bennett & Ludwig PLLC

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43(B)log

OCTOBER 11, 2022

1:21-cv-10688-IT, 2022 WL 4626918 (D. 30, 2022) Plaintiff, d/b/a Logan Car Service, has offered limousine and transportation services primarily in the Greater Boston area since the 2000s and uses logancarservice.com to do so. Boston Carriage, Inc. Boston Suburban Coach, Inc., Boston Suburban is a competitor.

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43(B)log

APRIL 29, 2022

2022 WL 1203742, No. 22, 2022) Part of a larger dispute; the National Association of Realtors (NAR) counterclaimed against REX for false advertising in violation of the Lanham Act. However, NAR didn’t allege that any consumers or brokers have withheld trade from NAR as a result of the advertisements. Zillow, Inc.,

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43(B)log

APRIL 26, 2022

2022 WL 912890, No. Meta’s Ads Manager displays a “Potential Reach” for an ad after advertisers select their targeting and placement criteria; the default for people in the United States aged 18 and up was over 200 million people, revised as demographic targeting criteria are selected. DZ Reserve v. Meta Platforms, Inc.,

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LexBlog IP

AUGUST 31, 2022

The Children’s Advertising Review Unit (“CARU”), a BBB National Programs unit that monitors child targeted advertising, issued a compliance warning making clear it intends to enforce its advertising guidelines as equally in augmented and virtual reality (“AR/VR”) as it would in the real world.

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43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J.

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The IPKat

DECEMBER 13, 2022

This Africa IP Highlights 2022 is the result of collaboration between myself and Doreen Adoma Agyei and Clarisse Mideva. In August , Nigeria’s National Assembly passed the Bill for an Act to Repeal the Copyright Act, Cap C28 LFN, 2004 and enact a New Copyright Act 2022. Interested readers can find the Africa IP Highlights 2021, here.

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JD Supra Law

MAY 16, 2022

When the Tenth Circuit Court of Appeals recently evaluated these words used to promote a bakery's bread, it deemed the tagline not actionable as false advertising and merely opinion. But could a competitor sue under the Lanham Act if those "local" goods are actually shipped over from a neighboring state? A lack of "verifiable factual.

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LexBlog IP

JUNE 7, 2022

The Federal Trade Commission (“FTC”) approved a request for public comment related to updating its Guides Concerning the Use of Endorsements and Testimonials in Advertising. These updates were released in May 2022. text: ‘Advertisements’, }, creative: {. __ATA.cmd.push(function() {. reportAd: {.

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43(B)log

DECEMBER 26, 2022

3d 444, 2022 WL 16640767, 2022 N.Y. 3, 2022) The trial court found Image liable for false advertising of an unapproved medical procedure (removing fat cells and reinjecting them elsewhere in the patient’s body). Image Plastic Surgery, LLC , N.Y.S.3d 3d -, 210 A.D.3d 06181 (App.

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43(B)log

AUGUST 22, 2022

3d -, 2022 WL 3453395, S260736 (Cal. 18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. The First Amendment has long coexisted with no-fault false advertising laws. citing both UCL and Lanham Act claims, including false advertising claims.] “The

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JD Supra Law

DECEMBER 29, 2022

Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's potential liability for advertisements for counterfeit goods offered on its platform.

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43(B)log

MARCH 9, 2022

4th -, 2022 WL 664918, No. 7, 2022) Plaintiffs sued defendants for violating § 1125(a). A jury found that defendants had engaged in materially false or misleading advertising about the parties’ competing whale-watching-cruise business in violation of the Lanham Act, but the jury awarded $0 in actual damages. “The

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43(B)log

JANUARY 23, 2023

8:22-cv-827-JVS-KESx, 2022 WL 18396275 (C.D. 12, 2022) Reconsidering its previous decision as to the Lanham Act claim , the court granted a preliminary injunction against counterclaim defendant Santos dba OSD. Santos Elecs. Outlaw Audio, LLC, No. Injury requires evidence of causality and consumer deception.

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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. In April, CAP announced a tightening of these rules , which will come into effect on 1 October 2022.

Advertising 52

Advertising Advertising Social Media Publishing 52