43(B)log

FEBRUARY 16, 2024

Wong, 2024 WL 553695, NO. 12, 2024) This default judgment actually analyzes the false advertising claims, which is why I note it. This wasn’t commercial advertising or promotion. Amazon.com, Inc. C19-0990JLR (W.D. Obviously, the trademark-related claims succeeded.

Advertising 49

Advertising Advertising False Advertising Trademark 49

The TTABlog

APRIL 1, 2024

TTAB Sustains eBay's Section 2(d) Opposition to AFREBAY & Design for Advertising and Payment Processing Services TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out? Welch 2024. [Yes] TTABlog Test: Are Nail Polish Strengtheners Related to Dietary Supplements? Goodyear, "Queer Trademarks."

Designs 59

Designs Design Registration Trademark 59

Olartemoure Blog

NOVEMBER 3, 2023

ii) advertising investment ceilings were established for the operators. iii) operators must submit to COLJUEGOS each year an advertising investment plan that cannot exceed the defined ceilings. iv) advertising of games or practices not authorized by COLJUEGOS is prohibited. This resolution becomes effective on 1 January 2024.

Advertising 52

Advertising Advertising Intellectual Property Branding 52

JD Supra Law

JANUARY 31, 2024

Overflowing with a dynamic mix of weekly blogs, engaging bimonthly podcasts and enriching monthly CLE webinars, ADventures in Law stands as the go-to hub for all things advertising law! If you’re a subscriber to our blog, you have likely caught wind of our recent rebrand to ADventures in Law. By: BakerHostetler

Law 83

Law Blogging Advertising Advertising 83

43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 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. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., W-22-CV-00776-ADA-DTG, No.

False Advertising 59

False Advertising Advertising Advertising Patent 59

43(B)log

FEBRUARY 26, 2024

Arm or Ally, LLC, 2024 WL 756474, No. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. came in the midst of other advertising language, such as “Various colors available,” and “no RED TAPE. State of N.Y. It was not.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

The TTABlog

FEBRUARY 8, 2024

The Board sustained eBay's opposition to registration of the mark shown first below, for advertising and payment processing services, finding confusion likely with the registered and well-known mark EBAY in standard character form and the stylized version shown second below, for legally identical services. Welch 2024. Afrebay, Inc.

Advertising 53

Advertising Advertising Designs Design 53

43(B)log

APRIL 15, 2024

4th -, 2024 WL 1590590, No. Appellee I Dig Texas tried to appeal to consumers’ preference for American-made products; it used Creager’s photographs of its China-made Montana Post Drivers as part of its advertising. There was no showing that I Dig Texas “made any money from the advertisements bearing the copyrighted images.”

Advertising 59

Advertising Advertising Fair Use Copyright 59

JD Supra Law

MARCH 25, 2024

Every month, Erise’s trademark attorneys review the latest developments at the U.S.

False Advertising 69

False Advertising Trademark Advertising Advertising 69

JD Supra Law

FEBRUARY 15, 2024

As more and more companies and consumers continue down the yellow brick road of using AI to buy and sell products and services, 2024 is set to be a year in which advertising law comes to the forefront to address the dramatic increase in false and misleading commercial. By: Hogan Lovells

Advertising 76

Advertising Advertising Technology Law 76

TorrentFreak

MARCH 28, 2024

Ukraine Pushes Ahead With Copyright Reforms After progress was reported in 2023 , Ukraine’s Ministry of Economy issued an order dated February 1, 2024, titled: “On Approval of the Procedure for Formation and Maintenance of the National List of Websites Raising Concerns Regarding the Observance of Intellectual Property Rights.”

Intellectual Property 108

Intellectual Property Related Rights Copyright Advertising 108

LexBlog IP

JANUARY 25, 2024

This month’s issue of Ping® highlights some trends in digital advertising. However, unlike the Illinois law, New York’s law only applies to uses for advertising or trade purposes. This means that individuals in New York may have less protection against non-commercial uses of their identity.

Law 59

Law Advertising Advertising Marketing 59

43(B)log

JANUARY 8, 2024

3d -, 2024 WL 64747, No. 5, 2024) Vizcarra alleged that Michaels deceptively advertises its products as discounted when in fact they are always available for at least 20% less than the purported “regular” price. Michaels argued that it “advertises current—not former—prices,” so it wasn’t covered by the former price rule.

Advertising 59

Advertising Advertising Marketing Marketing 59

The TTABlog

APRIL 19, 2024

91274117 (April 17, 2024) [not precedential] (Opinion by Judge Wendy B. Kellsport's evidence regarding advertising expenses were unaccompanied by any sample advertisements, and there was no evidence as to how often the advertisements appeared or how many consumer were exposed thereto. Welch 2024. Opposition No.

Advertising 59

Advertising Advertising Registration Marketing 59

43(B)log

MARCH 6, 2024

2024 WL 939151, No. 5, 2024) Plaintiffs sued defendant (Craftsman) for deceptive business practice claims under both the New York General Business Law (NYGBL), and the Virginia Consumer Protection Act (VCPA), as well as asserting warranty and common law claims. Montgomery v. Stanley Black & Decker, Inc., 23-735-cv (2d Cir.

Advertising 59

Advertising Advertising Business Designs 59

43(B)log

MARCH 6, 2024

2024 WL 940127, No. 5, 2024) Metroplex, a local advertising company, brought a putative class action against Meta for unfair competition. Metroplex also allegedly develops tools and systems for managing and optimizing advertising campaigns for businesses. Meta Platforms, Inc., 22-cv-1455-SMY (S.D.

Advertising 59

Advertising Advertising Business False Advertising 59

The TTABlog

APRIL 24, 2024

88437933 (April 19, 2024) [not precedential] (Opinion by Judge Thomas L. ed. ], unquantified advertising expenditures, third-party reviews, and various social media posts. Welch 2024. Deeming the mark "highly descriptive," the Board found Applicant Fumari's Section 2(f) evidence inadequate and unpersuasive. In re Fumari, Inc.

Social Media 64

Social Media Advertising Advertising Registration 64

43(B)log

MARCH 29, 2024

2024 WL 1282368, No. 25, 2024) Gerber Good Start Gentle formula isn’t like most other infant formulas, which are made with “intact” cow’s milk protein. 2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) Hasemann v. Gerber Prods. and] an allergy risk reduction benefit.”

False Advertising 104

False Advertising Advertising Advertising Reporting 104

43(B)log

MARCH 28, 2024

2024 WL 1285631, C.A. 26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Princeton Excess & Surplus Lines Ins. Cranston Entertainment Inc.; 21-63-JJM-PAS (D.R.I.

Advertising 64

Advertising Advertising Settlement Contracts 64

Olartemoure Blog

FEBRUARY 2, 2024

Additionally, it aims to prevent the advertising of gambling and the dissemination of unrealistic standards of beauty and health. The legislation imposes significant restrictions on the promotion of health-related products, such as unhealthy foods and harmful items like tobacco, vaping products, and alcoholic beverages.

Social Media 52

Social Media Intellectual Property Advertising Advertising 52

The TTABlog

APRIL 22, 2024

91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S. The Hostess Brands’ gross profit for 2022 was $465,679,000, and the advertising and marketing expenditures for Hostess Brands was $21.3 The witnesses provided no specific sales or advertising information for the SUZY Q’s brand alone. Welch 2024.

Branding 45

Branding Brands Branding Social Media 45

43(B)log

MARCH 14, 2024

2024 WL 1051951No. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D. The parties compete in the shoe market. Trade libel claims survived for the same reason.

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

MARCH 14, 2024

3d -, 2024 WL 1025265, No. 1, 2024) With the ordinary multifactor confusion test, courts position themselves as looking for empirics (even though the thrust of several of the factors is normative). Earth, Wind & Fire IP, LLC v. Substantial Music Group LLC, F.Supp.3d 23-20884-CIV-MORENO (S.D. It just wasn’t enough.

Advertising 69

Advertising Advertising Music Fair Use 69

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. The Board found the amount spent on advertising and marketing (designated "confidential") was "particularly impressive." Welch 2024. Are the goods sufficiently related? How do you think this came out? Nemiroff Intellectual Property Establishment v.

Registration 45

Registration Advertising Advertising Marketing 45

43(B)log

JANUARY 18, 2024

Eddie Bauer LLC, 2024 WL 177755, No. 17, 2024) This unpublished opinion has a dissent from Judge Bea indicating further disruptions in standing may be coming. But prospective injunctive relief was still possible because she alleged future harm (the failure to be able to rely on Eddie Bauer’s advertising). 21-35334 (9 th Cir.

False Advertising 59

False Advertising Advertising Advertising Law 59

SpicyIP

APRIL 15, 2024

Controller of Patents: Foreign Disclosure requirement and Patent (Amendment) Rules, 2024 Recently, the DHC imposed costs worth INR 1 Lakh on Google for concealing information about the rejection of its foreign patent applications corresponding to the application filed in India. Read on to know more. Google LLC v.

Fair Use 59

Fair Use Licensing Trademark Patent Application 59

Patently-O

MARCH 11, 2024

5, 2024) ChewyvIBM. 7,072,849 and 7,076,443, relating to improvements in web-based advertising. 101 as directed to the abstract idea of “identifying advertisements based on search results.” Claims 15-17 of the ‘443 patent recite a method for providing advertisements related to search result items.

Patent Application 75

Patent Application Advertising Advertising Patent 75

Garrigues Blog

APRIL 3, 2024

Misleading acts were already prohibited under the 1964 Advertising Statute (what a great text) and this remains the case in the current Unfair Competition Law. Advertising must be legal, accurate, authentic and respect free competition The fight against misleading advertising is not new. This obligation is not new.

Advertising 40

Advertising Advertising Intellectual Property Law 40

Technology & Marketing Law Blog

FEBRUARY 7, 2024

Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. 2024 WL 372218 (10th Cir. Letgo, Inc.

Advertising 95

Advertising Advertising Designs Design 95

43(B)log

MARCH 8, 2024

Dr. Dennis Gross Skincare, LLC, 2024 WL 965621, No. 5, 2024) Similar California litigation at a later stage. Kandel alleged that Gross Skincare deceptively labeled and advertised its skincare products as containing collagen when, in fact, they do not. 23-cv-01967 (ER) (S.D.N.Y.

Branding 59

Branding Brands Branding Advertising 59

43(B)log

FEBRUARY 26, 2024

2024 WL 751006, No. 23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. of Southern Cal., CV 23-3389-GW-MARx (C.D.

Advertising 59

Advertising Advertising False Advertising Marketing 59

SpicyIP

JANUARY 30, 2024

Judgment The High Court, vide order dated 5 December 2022, granted temporary injunction against “offering for sale, advertising or in any manner dealing in goods / products under plaintiffs registered marks viz. By judgment dated 19 January 2024, the Court granted permanent injunction against the defendants 1 to 4.

Due Diligence 105

Due Diligence Advertising Advertising Trademark 105

The TTABlog

FEBRUARY 12, 2024

97406016 (February 8, 2024) [not precedential] (Opinion by Judge Cheryl S. Welch 2024. "captures the consumer’s attention and identifies Applicant as the source of the goods." How do you think this came out? In re What Do You Meme, LLC , Serial No. example below]. See, e.g., J. And so, the Board affirmed the refusal.

Advertising 119

Advertising Advertising Trademark Designs 119

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

Michael Geist

SEPTEMBER 20, 2023

The government responded to the blocked news links by stopping to advertise on Facebook and Instagram and encouraging others to do the same. In fact, there can be no mandatory bargaining under the law until certain CRTC regulations are concluded, which it says will not happen until late 2024 or early 2025.

Social Media 142

Social Media Government Journalism Advertising 142

43(B)log

JANUARY 17, 2024

4th -, 2024 WL 164976, Nos. 16, 2024) Over a dissent in relevant part, the court revived plaintiff Ultra Bond’s Lanham Act claim relating to vehicle glass repair and replacement (VGRR). Monopoly power has many defects; here the anti-innovation face of monopoly also appears as misleading advertising.) Campfield v. Safelite Gp.,

False Advertising 64

False Advertising Marketing Marketing Advertising 64

The TTABlog

MARCH 12, 2024

92071814 (March 8, 2024) [not precedential] (Opinion by Judge Melanye K. The Board observed that, under Section 45 of the Trademark Act, a service mark is in use in commerce "(1) when it is used or displayed in the sale or advertising of services; and (2) the services are rendered in commerce." Welch 2024. Emphasis supplied].

Service Mark 69

Service Mark Registration Licensing Advertising 69