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

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.

Advertising 98

Advertising Advertising Marketing Marketing 98

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.

Reporting 84

Reporting Advertising Advertising Settlement 84

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.

Marketing 52

Marketing Marketing Advertising Advertising 52

IP Tech Blog

NOVEMBER 28, 2022

Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report , published in March 2021 by another regulator, the Advertising Standards Authority (ASA), which found that a staggering 65% of the advertisements it monitored in September 2020 were not properly disclosed as ‘paid for’ content. Content creators.

Branding 52

Branding Brands Branding Social Media 52

43(B)log

MARCH 9, 2022

2022 WL 670919, NO. 7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” His marks are enrolled in Amazon Brand Registry, and Royal Silk Direct maintains an authorized Royal Silk “storefront” on Amazon.com. False designation of origin/false advertising: Lasoff v. Amazon.com, Inc.,

False Advertising 69

False Advertising Advertising Advertising Branding 69

LexBlog IP

NOVEMBER 28, 2022

Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report , published in March 2021 by another regulator, the Advertising Standards Authority (ASA), which found that a staggering 65% of the advertisements it monitored in September 2020 were not properly disclosed as ‘paid for’ content.

Branding 52

Branding Brands Branding Social Media 52

The IPKat

DECEMBER 14, 2022

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2022 – the result of collaboration between myself and Doreen Adoma Agyei and Clarisse Mideva. Today, it’s all about trade marks. The filmmaker claimed that he registered the expression as a trade mark.

IP 82

IP Registration Advertising Advertising 82

43(B)log

AUGUST 25, 2022

16-5073, 2022 WL 3588024 (E.D. 22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Above the Fold

OCTOBER 31, 2022

On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged false advertising. Therefore, the plaintiffs’ claims will move forward, with an initial case management conference scheduled for November 2, 2022.

Branding 52

Branding Brands Branding False Advertising 52

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. Sony Music Entertainment, P.3d The California Supreme Court reversed.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

OCTOBER 29, 2021

Copper Compression Brands LLC, 2021 WL 5013799, No. Here, the court granted leave to amend to add a false advertising claim. The deadline for amended pleadings was in January 2021, with fact and expert discovery currently set to close in November 2021, and January 2022, respectively, after several extensions.

False Advertising 59

False Advertising Advertising Advertising Designs 59

LexBlog IP

MARCH 5, 2024

Cnsl: Eureka Intellectual Property Law Patents: 8,107,940 (System and method for providing advertising on a mobile device); 8,787,895 (System and method for providing advertising on a device) Ameranth, Inc. Albertsons LLC Applebee’s Restaurants LLC Dine Brands Global, Inc. Plaintiff: Adim8, LLC Pls. DoorDash, Inc.

Reporting 52

Reporting Litigation Patent IP 52

LexBlog IP

OCTOBER 31, 2022

On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged false advertising. Therefore, the plaintiffs’ claims will move forward, with an initial case management conference scheduled for November 2, 2022.

Branding 52

Branding Brands Branding False Advertising 52

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products. While Ye’s company, Mascotte Holdings Inc.

Business 131

Business Contracts Branding Brands 131

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 84

Trademark Social Media Advertising Advertising 84

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.

Branding 44

Branding Brands Branding Social Media 44

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. What are you going to do instead, advertise on Bing? We know it’s riding on coattails of national brand’s research and development and advertising. The roles of business and consumer have been applied flatly and wrongly.

Law 119

Law Branding Brands Branding 119

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! Trial was scheduled for 2022 (!), We are fiercely protective of the Crocs brand and our iconic DNA. The parties compete in the shoe market. Trade libel claims survived for the same reason.

False Advertising 59

False Advertising Advertising Advertising Branding 59

LexBlog IP

JANUARY 18, 2022

NFTs (non-fungible tokens, not thoroughbreds) were not a disappointment but instead were all the rage for holiday giving this year, including offerings from brands such as Adidas and Balmain x Barbie. But if your clients are launching NFTs for sale in 2022, making clear to consumers what they are buying is key.

Non-Fungible Tokens 52

Non-Fungible Tokens Advertising Advertising Branding 52

Corsearch

APRIL 19, 2023

With Gen Z ambivalent on the cost of counterfeiting to legitimate brands – and often actively seeking fakes out – how can brands educate consumers about their societal harms? Typically defined as people born between 1997 and 2012, Gen Z are seen by many brands as the number one audience to connect with online.

Branding 40

Branding Brands Branding Social Media 40

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes.

Social Media 52

Social Media Branding Brands Branding 52

IP Tech Blog

NOVEMBER 30, 2022

Just when this blog was about to be posted on November 21, 2022, however, the Supreme Court granted certiorari in Jack Daniel’s Properties, Inc. Punchbowl argued, as a threshold matter, that the Rogers analysis had no application because First Amendment protections do “not extend to ‘the brand name of [a] commercial enterprise.’”

Branding 57

Branding Brands Branding Fair Use 57

TorrentFreak

JANUARY 15, 2023

In 2022, the existence of the PikaShow app became intolerable for Disney Star, a wholly-owned Indian subsidiary of The Walt Disney Company. After becoming the official sponsor of the Afghan cricket team during Asia Cup 2022, PikaShow was able to advertise its pirate streaming app via legal TV broadcasts watched by millions of people.

Advertising 116

Advertising Advertising Copyright Reporting 116

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes.

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

DECEMBER 28, 2022

3d -, 2022 WL 10128276, No. 17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Barilla America, Inc., 22-cv-03460-DMR (N.D.

Branding 59

Branding Brands Branding False Advertising 59

TorrentFreak

JULY 20, 2022

When a lawsuit directly attacks a site’s ability to operate using specific domains or branding, for example, the ‘hydra effect’ comes into play. The MPA’s anti-piracy team became aware of the site around May 31, 2022, and they’re convinced that PrimeWire’s operators are involved.

Advertising 131

Advertising Advertising Business Copying 131

43(B)log

JANUARY 27, 2023

2022 WL 18399950, No. 26, 2022) [much other stuff skipped] The parties had a false advertising dispute that went to a jury, which found that FIGS wasn’t liable for falsely advertising the antimicrobial properties of its scrubs. FIGS’ alleged copying of SPI’s products was not relevant to false advertising.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

TorrentFreak

JANUARY 24, 2023

“Piracy Impacts Advertising” Reportedly sent to staff via an internal communications system, the new guidelines suggest that piracy harms Globo employees and has a negative effect on the advertising market. “Advertising on Big Brother Brasil will become more expensive in 2023.

Reporting 130

Reporting Social Media Advertising Advertising 130

Technology & Marketing Law Blog

FEBRUARY 16, 2022

The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive. Google, LLC , 2022 WL 451876 (Ga. More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. Case Citation : Edible IP, LLC v.

IP 126

IP Advertising Advertising Trademark Law 126

Above the Fold

MAY 25, 2022

Beyond traditional advertisements, companies leverage “influencers” – from the micro-influencer to the Kardashians to showcase their products. Key takeaways include: Endorsements should make obvious the existence of material connection with brand. Social media has taken over, with social media users nearly doubling from 2.3

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. 2022 WL 594833 (D. 2022 WL 670919 (W.D. March 7, 2022). Melwani sells products under the “Royal Silk” brand. More Posts About Keyword Advertising. It has never offered its services through Groupon.

Trademark 79

Trademark Advertising Advertising Settlement 79

LexBlog IP

NOVEMBER 30, 2022

Just when this blog was about to be posted on November 21, 2022, however, the Supreme Court granted certiorari in Jack Daniel’s Properties, Inc. VIP Products LLC. That news splashed a bit of cold water on Punchbowl’s apparent expansion of fair use defenses heralded above. .”

Branding 52

Branding Brands Branding Fair Use 52

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. Fashion brands are no strangers to the continuous fight against fake and counterfeit items in the real world.

Law 82

Law Branding Brands Branding 82

43(B)log

APRIL 15, 2024

A notice of allowance issued in 2022. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims. GMI sent a C&D to GMP in April 2022 (whoops!)

False Advertising 64

False Advertising Advertising Advertising Marketing 64

IPilogue

NOVEMBER 15, 2022

January 14 th , 2022 – Hermès files a complaint. February 9 th , 2022 – Rothschild files motion to dismiss the action. Regarding the second prong, Rothschild’s counsel pointed to the lack of explicit mention of Hermès in the advertising of the NFTs. May 18 th , 2022 – Judge Radkoff denies Rothschild’s motion to dismiss.

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

The IPKat

SEPTEMBER 12, 2022

The Board of Appeal of the European Union Intellectual Property Office ( EUIPO ) in its recent decision refused a trade mark application for the slogan “TAKE FIVE” in Class 32 ( Case R 664/2022-1 ). The Board of Appeal decision The Board of Appeal issued a decision on 1 September 2022 dismissing the appeal. Studio Beverage Group, Inc.

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Registration Advertising Advertising Reporting 113