JD Supra Law

JULY 24, 2023

Last week, the Federal Court of Canada issued its long-awaited decision in Energizer Brands, LLC v Gillette Company, 2023 FC 804. The case is noteworthy because it is a “comparative advertising” case, and one of only a few that have dissected section 22 of the Trademarks Act. By: Smart & Biggar

Advertising 52

Advertising Advertising Branding Brands 52

Olartemoure Blog

SEPTEMBER 1, 2023

On August 21, 2023, the Advertising Guide for Influencers of the Federal Consumer Protection Agency (PROFECO) was published in the Official Journal of the Federation (DOF). Among the suggestions in the guide are: E Advertising must be clear, truthful and without misleading information.

Advertising 52

Advertising Advertising Journalism Intellectual Property 52

43(B)log

DECEMBER 15, 2023

2023 WL 8586681, No. 8, 2023) When does TM logic creep into false advertising cases? Tundra solicits sellers on Faire’s platform to provide their Faire Direct links to retailers registered with Tundra by “promising to promote their brands to new retailers and give them greater exposure” to Tundra retailers. Tundra, Inc.,

False Advertising 59

False Advertising Advertising Advertising Branding 59

IP Tech Blog

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make?

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Advertising Advertising Reporting Privacy 62

IP Tech Blog

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 57

Advertising Advertising Blogging Branding 57

Indiana Intellectual Property Law

DECEMBER 22, 2023

In the competitive world of mattresses and bedding, brand recognition and trust are paramount. recently filed a lawsuit against Defendant Luxury Mattress & Furniture LLC , a suit highlighting the significance of safeguarding trademarks and brand integrity. Plaintiff Tempur Sealy International Inc. Continue reading

Branding 52

Branding Brands Branding Intellectual Property 52

LexBlog IP

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 52

Advertising Advertising Blogging Branding 52

LexBlog IP

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. Nothing less will do.

Advertising 52

Advertising Advertising Reporting Privacy 52

43(B)log

APRIL 25, 2023

BBK Tobacco & Foods, LLP, 2023 WL 3004625, No. 19, 2023) Previous discussion. A jury found that defendant HBI engaged in unfair competition and violated the Illinois Uniform Deceptive Trade Practices Act (IUDTPA” in its packaging and promotional activities for its RAW Organic Hemp branded tobacco rolling paper products.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 11, 2023 (claiming that various products were “patented”). 1, 2017 to Apr.

False Advertising 59

False Advertising Advertising Advertising Patent 59

The IPKat

DECEMBER 14, 2023

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, it’s about the trade marks. Tinderet is an area in Kenya.

IP 83

IP Service Mark Cease and Desist Registration 83

TorrentFreak

DECEMBER 31, 2023

As is often the case, others have tried to hijack or take over the RARBG brand in the months that followed, but none come close to the original. This resulted in hours of primetime pirate advertising. marketing the brand to a massive TV audience of millions. Other torrent sites did notice a big traffic spike though.

Copyright 106

Copyright Reporting Branding Brands 106

LexBlog IP

JANUARY 17, 2024

From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger. Further, considering the information before the Court, Justice Burley agreed with Hungry Jack’s in that ‘cheekiness’ was part of its brand and that they had no intention to confuse consumers.

Marketing 52

Marketing Marketing Branding Brands 52

Technology & Marketing Law Blog

DECEMBER 10, 2023

The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. This argument has failed so many times. Google opinion.

False Advertising 63

False Advertising Advertising Advertising Marketing 63

The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. August 3, 2023 - 11 AM: TF Intellectual Property Pty Ltd v. August 3, 2023 - 1 PM: Mealpass, Inc. August 8, 2023 - 11 AM: In re Molina Healthcare, Inc. August 9, 2023 - 11 AM: Billy Stott v.

Contracts 52

Contracts Registration Designs Design 52

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. They may also consider the possibility of non-U.S.

Trademark 52

Trademark Registration Branding Brands 52

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 TTABlog

AUGUST 21, 2023

90483463 (August 16, 2023) [not precedential] (Opinion by Judge Angela Lykos). 90820054 (August 14, 2023) [not precedential] (Opinion by Judge Cindy B. Welch 2023. Answers will be found in the first comment. In re Brand3, Inc. In re Garan Services Corp. In re Genomma Lab Internacional, S.A.B. Serial Nos. Text Copyright John L.

Branding 52

Branding Brands Branding Advertising 52

Technology & Marketing Law Blog

MARCH 6, 2023

He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe named Confidence Empire (maybe this one ?). YouTube, LLC, 2023 WL 2349597 (D. March 3, 2023). Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. Case Citation : Lops v.

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Trademark False Advertising Advertising Advertising 91

JD Supra Law

JANUARY 26, 2023

We’re delighted to welcome in 2023 with our second crossover edition of Katten Kattwalk/Kattison Avenue. In this combined winter issue, we cover top issues affecting brands in fashion, retail and advertising.

Editing 61

Editing Advertising Advertising Branding 61

JD Supra Law

DECEMBER 29, 2022

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. We also share how our Trademark & Brand Protection team gave back this holiday season.

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

OCTOBER 11, 2023

CV 17-7539 FMO (GJSx), 2023 WL 6296900 (C.D. 27, 2023) Interesting bench trial result that finds no proximate causation of plaintiff’s injury from defendant’s false advertising. Tortilla Factory, LLC v. GT’s Living Foods, LLC, No. Tortilla Factory simply couldn’t show the requisite harm.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

JANUARY 27, 2023

3d -, 2023 WL 371035, No. 24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair Inc., 1:21-12063-PBS (D.

False Advertising 59

False Advertising Advertising Advertising Designs 59

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Roblox Corp. 22-cv-04476-SI (N.D. Users interact with the platform through virtual characters known as “Avatars.”

Copying 94

Copying False Advertising Social Media Advertising 94

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

LexBlog IP

AUGUST 23, 2023

Courts have long recognized that “trade dress,” i.e., the visual appearance of a company’s goods or services and their associated packaging, can serve the same source-identifying function as more traditional trademarks, such as brand names and logos. Thus, brand owners can, and do, register their trade dress at the PTO.

Designs 52

Designs Design Advertising Advertising 52

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

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. For background on the legal battles over keyword advertising by lawyers, see this article. McNeil Consultants LLC, 2023 WL 5600128 (N.D. July 27, 2023). Case citation : Jim S.

Advertising 81

Advertising Advertising False Advertising Trademark 81

The TTABlog

OCTOBER 6, 2023

92075125, 92075180, and 92075185 (September 30, 2023) [not precedential] (Opinion by Judge David K. Petitioner did not challenge any of the evidence showing display of the RASCAL HOUSE marks on Jerry's Deli menus and on advertising while the RASCAL HOUSE restaurants were operating. Welch 2023. Jerry’s Famous Deli, Inc.

Branding 67

Branding Brands Branding Advertising 67

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? 2023 WL 9051998 (E.D. Peninsula Components, Inc. LoanStreet v.

Trademark 78

Trademark Advertising Advertising False Advertising 78

43(B)log

MARCH 27, 2023

EDCV 22-1861 JGB (KKx), 2023 WL 2629020 (C.D. 9, 2023) Hernandez brought the usual California claims against RSC for allegedly false and misleading advertising of its electric collar products for pets under the brand name PetSafe. Hernandez v. Radio Systems Corp.,

False Advertising 59

False Advertising Advertising Advertising Branding 59

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

Traverse Legal Blog

APRIL 2, 2023

The influencing game of brand endorsements is one of many examples where technology goes faster than the government’s ability to regulate and enforce. Brands are more likely to require disclosures in their influencing and endorsement contracts. Material Connection Disclosures Remain Central To Compliance.

Social Media 52

Social Media Advertising Advertising Branding 52

43(B)log

DECEMBER 20, 2023

3d -, 2023 WL 6066136, 22-cv-1597 (NSR) (S.D.N.Y. 18, 2023) CDC sued STM, alleging violations of New York state and federal law arising from STM’s involvement in the removal of ten of its product listings from Amazon.com. CDC Newburgh Inc. STM Bags, LLC, F.Supp.3d As usual, a compelling and intuitive theory of harm.)

False Advertising 64

False Advertising Advertising Advertising Trademark 64

TorrentFreak

MARCH 29, 2023

Pirate Manga Site B9Good.com Manga piracy site B9Good initially appeared in 2008 and established itself under B9DM branding. The man is said to have uploaded pirated content to file-hosting platforms while earning revenue from advertising. The women were allegedly paid by B9Good’s operator to upload pirated content.

Reporting 100

Reporting Branding Brands Branding 100

The TTABlog

DECEMBER 14, 2023

79303731 (December 12, 2023) [not precedential] (Opinion by Judge Cheryl S. It spent $500,000 advertising the GIGANTOSAURUS brand and enjoyed unsolicited press coverage for the GIGANTOSAURUS television show prior to its premiere date. Welch 2023. In re Cyber Group Studios , Serial No. TTABlogger comment: Is this a WHYB?

Television 62

Television Registration Branding Brands 62

TorrentFreak

FEBRUARY 16, 2024

Allegations of copyright infringement also featured in a complaint filed at an Arizona court in 2023, which hoped to quickly shut down a popular pirate site. The defendant was served September 22, 2023, but after failing to appear, the court’s entry of default was followed by a motion for default judgment. filed its complaint.

Copyright 112

Copyright Trademark Copyright Infringement Registration 112