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.

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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.

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False Advertising Advertising Advertising Marketing 59

The IPKat

FEBRUARY 5, 2023

The IPKat has received and is pleased to publish another guest contribution by Danish Katfriends Jakob Plesner Mathiasen , Hanne Kirk and Thit Nymand Nisbeth (all Gorrissen Federspiel) tackling influencer marketing from an IP perspective. This emerging breed is - very tellingly - called influencer marketing.

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Marketing Marketing IP Music 94

The TTABlog

SEPTEMBER 13, 2022

In re HIFI Brands, LLC , Serial Nos. 88905094 and 88905116 (September 9, 2022) [not precedential] (Opinion by Judge Melanye K. Welch 2022. The Board found the services to be overlapping, but what about the marks? How do you think this appeal came out? And so, the Board affirmed the refusal to register. Text Copyright John L.

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Marketing Marketing Graphic Design Branding 70

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.” Peloton’s core brand is Peloton. Downloads declined after a 2015 peak.

Marketing 59

Marketing Marketing Trademark Branding 59

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.

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Business Contracts Branding Brands 131

LexBlog IP

FEBRUARY 28, 2023

As we settle into a new calendar year, we reflect on the Australian Competition and Consumer Commission’s ( ACCC ) 2022/2023 compliance and enforcement priorities announcing, amongst other priorities, their commitment to resolving consumer and fair trading issues regarding environmental claims and sustainability.

Marketing 52

Marketing Marketing Business Branding 52

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Likewise, essential facilities doctrine, edging toward common carrier—firms that control essential/important bottleneck for market participation can be required to give access. What are you going to do instead, advertise on Bing?

Law 119

Law Branding Brands Branding 119

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.

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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. One of its most popular products is a line of copper-infused compression clothing, marketed under the trademark “Copper Fit,” allegedly designed to alleviate muscle and joint soreness and pain.

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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.

Branding 44

Branding Brands Branding Social Media 44

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

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. Not all marketing of artistic works is noncommercial speech. The First Amendment has long coexisted with no-fault false advertising laws. Sony Music Entertainment, P.3d

False Advertising 59

False Advertising Advertising Advertising Artistic Work 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. RBC Capital Markets, LLC Plaintiff: Sunflower Licensing LLC Pls. Plaintiff: Adim8, LLC Pls. DoorDash, Inc. Avnet, Inc.

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Reporting Litigation Patent IP 52

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

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! The parties compete in the shoe market. Trial was scheduled for 2022 (!), We are fiercely protective of the Crocs brand and our iconic DNA.

False Advertising 59

False Advertising Advertising Advertising Branding 59

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

APRIL 15, 2024

It provides farmers, ranchers, and butchers with marketing education and technical assistance; incubates “Meat Collectives” across the country; and educates consumers about responsible meat production and consumption practices. A notice of allowance issued in 2022. GOOD Meat, Inc., 3d - , 2024 WL 1083462, No. 23-cv-04145-RFL (N.D.

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TorrentFreak

JANUARY 24, 2023

. “Digital piracy causes several damages to the market and the entertainment industry is especially affected by it,” the translation reads. For example, there is an impact on the attractiveness of audiovisual products for the advertising market,” it reads. So what can Globo staff do to help?

Reporting 130

Reporting Social Media Advertising Advertising 130

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

43(B)log

SEPTEMBER 26, 2022

19-CV-7577 (KMK), 2022 WL 4368036 (S.D.N.Y. 20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act.

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Marketing Marketing False Advertising Advertising 56

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.

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Branding Brands Branding False Advertising 59

The TTABlog

JANUARY 6, 2022

87627828 (January 3, 2022) [not precedential] (Opinion by Judge Christopher Larkin). 88933368 (January 4, 2022) [not precedential] (Opinion by Judge Jonathan Hudis). 90114652 (January 4, 2022) (Opinion by Judge Linda A. Here are the first three TTAB decisions of the new year in appeals from Section 2(d) refusals. No hints today.

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Social Media Advertising Advertising Music 62

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.

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IP Advertising Advertising Trademark Law 127

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

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.

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Trademark Advertising Advertising Settlement 80

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

IPilogue

MARCH 6, 2023

On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co., The court also took issue with Louboutin’s market research. 2015-29921 ).

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IP Branding Brands Branding 59

IP Tech Blog

FEBRUARY 13, 2023

In the first few months of 2023, the UK Regulator – the Competition and Markets Authority (“ CMA ”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“ FMCG ”). Advertisers are reminded to not mislead consumers by omitting material information.

Business 57

Business Advertising Advertising Blogging 57

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. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size.

Law 84

Law Branding Brands Branding 84

IP Tech Blog

FEBRUARY 8, 2022

Following the Competition and Markets Authority’s (“ CMA “) publication of the Green Claims Code (as discussed in our earlier blog ), the UK regulator is now moving forward with its greenwashing investigation , currently focusing on the fashion industry, with additional industries expected to be reviewed in future.

Advertising 70

Advertising Advertising Marketing Marketing 70

43(B)log

FEBRUARY 18, 2022

Company claimed to revive an abandoned mark, which allowed them to use marketing materials from the original company and used the original model numbers: leads to a lot of deception. A: False advertising context: FTC/state AGs. Lemon/lime squirt bottles indicate product and not brand. Had fame in the industry from 1960s on.

Trademark 59

Trademark False Advertising Fair Use Branding 59

Technology & Marketing Law Blog

MAY 3, 2022

Facebook argued it wasn’t liable for the third-party ads because “it did not create or sponsor the advertisement; therefore, it was simply a mere conduit for its distribution.” In the publicity rights chapter from our advertising law casebook , defendants lose every case we cover. April 22, 2022). ” Ugh.

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Advertising Advertising Law Marketing 103

Chicago IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

LexBlog IP

FEBRUARY 13, 2023

In the first few months of 2023, the UK Regulator – the Competition and Markets Authority (“ CMA ”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“ FMCG ”). misleading advertising) and 11.1

Business 52

Business Advertising Advertising Blogging 52

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. In re Arthur J. 3d 573 (N.D. Houston v.

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Social Media Privacy Advertising Advertising 73

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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