IP and Legal Filings

JANUARY 3, 2023

Forbidding the employment of foreign models and voice actors in advertisements starting of October 1, 2022, was one of ARCON’s first actions. According to the sources, the Council claims that “the ads on Facebook, Instagram, and WhatsApp in the Nigerian markets are not verified and allowed by the federal government”.

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Advertising Advertising Social Media Government 67

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc., 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

JD Supra Law

NOVEMBER 14, 2022

In spite of the various legal and commercial risks associated with it, ambush marketing is a global phenomenon. Provided that these risks are managed correctly, ambush marketing can allow an advertiser to benefit from the buzz around an event without having to shell out on expensive sponsorship fees, settlements or damages.

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Marketing Marketing Art Settlement 52

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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False Advertising Advertising Advertising Trademark 97

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.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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. As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. 2022 WL 4596646 (C.D.

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Advertising Advertising False Advertising Trademark 102

LexBlog IP

JANUARY 5, 2022

So here goes for 2022 — my resolutions for you, my loyal readers. Review Your Reviews — It’s 2022 and online reviews continue to play an increasingly important role in consumers’ purchasing decisions. And enjoy better coffee in 2022. And in this context, set it and forget it just doesn’t suffice.

Marketing 52

Marketing Marketing Advertising Advertising 52

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. In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina.

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False Advertising Advertising Advertising Business 99

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).

Editing 88

Editing Social Media Blogging Advertising 88

JD Supra Law

DECEMBER 30, 2022

Continuing with news involving the color red, on December 23, 2022, the Court of Justice of the European Union (CJEU) issued a preliminary ruling finding that Amazon may be subject to liability for trademark infringement stemming from certain advertisements for counterfeit Christian Louboutin red-soled shoes sold by third parties on its platform.

Marketing 52

Marketing Marketing Advertising Advertising 52

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.

Advertising 52

Advertising Advertising Intellectual Property Social Media 52

43(B)log

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? Tundra allegedly uses the information it scrapes from Faire’s platform, including contact information, to market its product. The screenshot was “commercial advertising or promotion.” Faire Wholesale, Inc. Tundra, Inc., 2023 WL 8586681, No. 23-cv-02538-JSC (N.D.

False Advertising 59

False Advertising Advertising Advertising Branding 59

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.”

Advertising 52

Advertising Advertising Social Media Marketing 52

Olartemoure Blog

NOVEMBER 4, 2022

On 01 November 2022, the European Union’s Digital Markets Act came into force. The purpose of this new regulation is for companies, who act as online platform gatekeepers, to stop committing unfair market practices. . La entrada EU Digital markets act se publicó primero en OlarteMoure | Intellectual Property.

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Marketing Marketing Intellectual Property Advertising 52

Intellectual Property Law Blog

JANUARY 18, 2024

2022-1194, 2022-1208, and 2022-1246 (December 7, 2023) , the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents.

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Advertising Advertising Marketing Marketing 147

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other.

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Fair Use Advertising Advertising False Advertising 64

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

False Advertising 72

False Advertising Advertising Advertising Social Media 72

Technology & Marketing Law Blog

JANUARY 24, 2023

Three dynamics combined to make 2022 a brutal year for Internet Law. In 2022, this partisan calculus prompted a steady stream of poorly conceived messaging bills. Third, 2022 was an election year, so politicians on all sides pretended they cared about “protecting kids online.” As bad as 2022 was, 2023 will be worse.

Law 113

Law Social Media Government Privacy 113

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.

Advertising 72

Advertising Advertising False Advertising Contracts 72

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.

Marketing 94

Marketing Marketing IP Music 94

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

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.

Advertising 57

Advertising Advertising Social Media Publishing 57

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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Advertising Advertising Law Marketing 52

IP Tech Blog

OCTOBER 4, 2021

UK regulator, the Competition and Markets Authority ( CMA ), has now published the Green Claims Code to help businesses understand their obligations under consumer protection law. For help on green claims and other issues, contact partner, Carlton Daniel , whose team specialises in advising on advertising law and regulation.

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Advertising Advertising Publishing Marketing 57

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.

False Advertising 83

False Advertising Advertising Advertising Copying 83

IP Watchdog

DECEMBER 19, 2023

Scott Hargis is an architectural photographer who sued Pacifica Senior Living Management LLC in September 2022 for damages and injunctive relief related to infringement of 43 of Hargis’ photos that Pacifica used to advertise and market its senior living facilities.

Copyright 104

Copyright Advertising Advertising Reporting 104

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.” Downloads declined after a 2015 peak. But a jury could find bona fide use.

Marketing 59

Marketing Marketing Trademark Branding 59

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

DECEMBER 1, 2022

8:22-cv-827-JVS-KESx, 2022 WL 17328411 (C.D. The parties compete in the market for audio products, specifically multichannel amplifiers, and sell online, including on Amazon. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Santos Elecs. Outlaw Audio, LLC, No. Prager Univ. Google LLC, 951 F.3d

Advertising 64

Advertising Advertising False Advertising Copyright 64

43(B)log

OCTOBER 11, 2022

19-11461-PBS, 2022 WL 4630231, F.Supp.3d 30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Pegasystems Inc. Appian Corp. Chapter 93A).

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Marketing Marketing Business False Advertising 59

The TTABlog

JUNE 29, 2022

Bee) has scheduled five (5) oral hearings for the month of July 2022. July 7, 2022 - 1 PM: In re Di-Namic Records , Serial No. July 7, 2022 - 1 PM: In re Di-Namic Records , Serial No. July 12, 2022 - 1 PM: In re Responsiveads, Inc. July 13, 2022 - 10 AM: New Enchantment, LLC v. July 14, 2022 - 11 AM: In re C.E.

Music 57

Music Registration Advertising Advertising 57

IP Tech Blog

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Take appropriate, pro-active steps to prevent hidden advertising from appearing on the platform.

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Branding Brands Branding Social Media 52

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.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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

43(B)log

JANUARY 19, 2022

2022 WL 141561, No. 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. Facebook, Inc., 20-CV-08570-LHK (N.D. That time has come for Facebook.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." 88395484 (December 14, 2022) [not precedential] (Opinion by Judge Peter W. The Board took judicial notice of definitions of the words "marketing," "consulting," and "managing."

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Marketing Marketing Social Media Advertising 70

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.

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Marketing Marketing Advertising Advertising 98