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

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

Technology & Marketing Law Blog

DECEMBER 10, 2023

Amazon is an ICS provider: Plaintiff alleges that Defendants “market” and “sell” products to retail consumers “through internet websites.” The plaintiff claimed that Amazon bears the responsibility to verify advertiser claims and product authenticity. This argument has failed so many times.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

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

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

LexBlog IP

JANUARY 17, 2024

From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger. In Australia, the burger debate was first brought to our attention in 2020 following a marketing campaign by Hungry Jack’s Pty Ltd ( Hungry Jack’s ) for its limited-edition Big Jack burger.

Marketing 52

Marketing Marketing Branding Brands 52

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 107

Copyright Reporting Branding Brands 107

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

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

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). YouTube appeared first on Technology & Marketing Law Blog. Case Citation : Lops v. The complaint.

Trademark 94

Trademark False Advertising Advertising Advertising 94

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. In re Brand3, Inc. In re Garan Services Corp. In re Genomma Lab Internacional, S.A.B. Serial Nos. Read comments and post your comment here. Text Copyright John L.

Branding 52

Branding Brands Branding Advertising 52

43(B)log

JULY 21, 2023

2:20-cv-01344-JAD-VCF , |2023 WL 4636917 ( D. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument that “Taser” is generic (quick quiz before reading further: what is the generic name for a Taser device?) Axon Enterprise, Inc.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

TorrentFreak

JANUARY 31, 2024

Each year around the end of January, the Office of the United States Trade Representative ( USTR ) publishes its annual review of so-called ‘notorious markets’ known for their connections to intellectual property crime. government. They come with important caveats, however. Officially nominated as Cuevana3.ch, news, cuevana3.pro,

Reporting 93

Reporting Marketing Marketing Social Media 93

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

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 131

Reporting Social Media Advertising Advertising 131

SpicyIP

MAY 15, 2024

Critiquing the 2023 decisions on Keywords by the Delhi High Court and the Supreme Court, we are pleased to bring to you this two part post by Malak Sheth. Therefore, this offline advertisement creates brand awareness amongst the people who usually associate goods and services, often maverick or innovative, with the trademark.

Trademark 59

Trademark Advertising Advertising Blogging 59

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.

Trademark 81

Trademark Advertising Advertising False Advertising 81

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 85

Advertising Advertising False Advertising Trademark 85

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

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.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Roblox Corp. 22-cv-04476-SI (N.D.

Copying 94

Copying False Advertising Social Media Advertising 94

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

43(B)log

JANUARY 13, 2023

Ancient Brands, LLC, 2023 WL 157956, No. 11, 2023) The parties compete in the market for collagen peptides supplements. Vital Proteins LLC v. 22 C 02265 (N.D. Did the study referred to in the complaint actually show a decrease in joint pain or stiffness within a single day?

Advertising 102

Advertising Advertising Marketing Marketing 102

TorrentFreak

MARCH 29, 2023

Pirate Manga Site B9Good.com Manga piracy site B9Good initially appeared in 2008 and established itself under B9DM branding. B9Good had been featured in an MPA submission to the USTR’s notorious markets report in 2019. The women were allegedly paid by B9Good’s operator to upload pirated content.

Reporting 101

Reporting Branding Brands Branding 101

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

43(B)log

JANUARY 19, 2024

It adopted the Rampart/Wurth branding in 2023. Several Rampart Resources employees told the president that they had received seven telephone calls in September and October 2023 from individuals attempting to contact Rampart/Wurth. Its website states: “Property Management is All We Do.”

Advertising 59

Advertising Advertising Branding Brands 59

Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses.

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses.

Social Media 52

Social Media Branding Brands Branding 52

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

43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria De Alimentos Zenu S.A.S. Latinfood U.S. So, did Industria satisfy Lexmark ?

False Advertising 59

False Advertising Advertising Advertising Registration 59

SpicyIP

APRIL 17, 2023

Case: Coolulu Sports Private Limited vs Union Of India on 5 April, 2023 (Karnataka High Court) Image from here The writ petition was filed against the order of the Regional Director, Corporate Affairs directing the petitioner to change its name for being similar to the trademark of the respondent no. 2 (Lulu Mall).

Advertising 105

Advertising Advertising Confidentiality Trademark 105

43(B)log

JANUARY 2, 2024

3d -, 2023 WL 6318523, No. 28, 2023) Another day, another “One A Day” claim where the bottle instructs users that, you guessed it, a daily serving is more than one gummy. It was also relevant, though not dispositive, that other supplements sold under the same brand were, in fact, one per day. Bayer Corp.,

Branding 59

Branding Brands Branding Marketing 59

TorrentFreak

JULY 23, 2023

Note: The responses below were received in 2023. We use Google Analytics and cookies to collect marketing metrics for our website and several external tools for collecting crash reports (only if a user opts in to sharing these reports). Port forwarding is allowed (update May 2023, it is now disabled ).

Privacy 137

Privacy IP Technology Reporting 137

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

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider. ” Publisher/Speaker Claims.

False Advertising 89

False Advertising Social Media Publishing Advertising 89

43(B)log

JUNE 19, 2023

Red Points Solutions SL, 2023 WL 4029824, No. 14, 2023) Unlimited, an “online non-authorized reseller of consumer products,” sued Red Points for defamation, tortious interference, and false advertising under state and federal law. Lanham Act false advertising: Unlimited sufficiently pled standing.

False Advertising 69

False Advertising Advertising Advertising Reporting 69

The IPKat

JANUARY 7, 2024

According to the EUIPO Second Board of Appeal (BoA) in its decision on 19 December last ( R 827/2023-2 ) the answer is mostly not, at least if the argument is that such a pattern would be inherently distinctive. The question thus becomes: can Prada’s Triangle pattern be protected as a trade mark? Class 20: Shells; yellow amber.

Branding 89

Branding Brands Branding Registration 89

Technology & Marketing Law Blog

DECEMBER 30, 2023

This appears to be a SAD Scheme case involving Squishmallows, a stuffed animals brand. The brand owner, Kelly Toys, sued 90 e-commerce merchants in a sealed complaint and got a TRO. 19885566 STORE , 2023 WL 8936307 (S.D.N.Y. Alibaba appeared first on Technology & Marketing Law Blog. This is an unusual move.

Branding 74

Branding Brands Branding Business 74