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

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

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91274117 (April 17, 2024) [not precedential] (Opinion by Judge Wendy B. Kellsport's evidence regarding advertising expenses were unaccompanied by any sample advertisements, and there was no evidence as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 57

Advertising Advertising Registration Marketing 57

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Turning to the second DuPont factor, the similarity of the goods, opposer argued that the involved goods are related because tobacco products and alcohol are "complementary" in that they are marketed together for "simultaneous consumption." Welch 2024.

Registration 44

Registration Advertising Advertising Marketing 44

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

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. USC didn’t appear on the list after that.

Advertising 59

Advertising Advertising False Advertising Marketing 59

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 44

Branding Brands Branding Social Media 44

43(B)log

APRIL 29, 2024

20-6057 & 20-6100, 2024 WL 1724995 (10 th Cir. 23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. products and to market them at U.S. distributor’s advertising at U.S. distributor’s advertising at U.S.

Advertising 59

Advertising Advertising Trademark Branding 59

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 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! The parties compete in the shoe market. Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D. 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

Technology & Marketing Law Blog

APRIL 22, 2024

Ohio April 19, 2024) Prior Tattoo Copyright Blog Posts This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Case citation : Hayden v. Warner Bros.

Licensing 69

Licensing Copyright Blogging Fair Use 69

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. It is now time to update compliance plans, and train marketing and communication managers. This obligation is not new. but no reference is made to environmental claims.

Advertising 40

Advertising Advertising Intellectual Property Law 40

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. Sunfrog LLC , 2024 WL 940238 (E.D.

Copyright 99

Copyright Trademark Law Publishing Copyright Infringement 99

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. Musk has bridged that gap. unless you are a Nazi or wannabe.

Law 102

Law Social Media Advertising Advertising 102

43(B)log

JANUARY 12, 2024

Danone Waters, 2024 WL 112843, No. 10, 2024) Plaintiffs alleged that advertising Evian as “carbon neutral” violated the consumer protection statutes of New York, Massachusetts, and California, and constituted breach of express and implied warranties, unjust enrichment, and fraud. 8717 (NSR) (S.D.N.Y.

Marketing 69

Marketing Marketing Advertising Advertising 69

43(B)log

MARCH 29, 2024

2024 WL 1251284, No. 22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. The Stop & Shop Wipes, which vary in fragrance and style, are all marketed and sold with bold, prominent font labeling them as “flushable” on the front of the packaging.

Law 59

Law Advertising Advertising Branding 59

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

The TTABlog

JANUARY 30, 2024

On appeal, Applicant MetaBev argued that "something more" is required than merely showing that the goods are alcoholic beverages, and that the involved goods are marketed to different consumers in different areas of the stores in which they are sold. 90897101 (January 22, 2024) [Not precedential] (Opinion by Judge Melanye K.

Registration 51

Registration Marketing Marketing Advertising 51

The TTABlog

MARCH 15, 2024

92075021 (March 8, 2024) [not precedential] (Opinion by Judge Martha B. The mark has been widely advertised and promoted, has enjoyed high sales for the years since 2011, and has been the subject of numerous unsolicited media references. Welch 2024. But what about the marks? How do you think this came out? Text Copyright John L.

Advertising 48

Advertising Advertising Branding Brands 48

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels.com, LLC , 2024 WL 885356 (W.D. Case Citation : Canvasfish.com, LLC v.

Artwork 96

Artwork Trademark Publishing Marketing 96

43(B)log

MARCH 29, 2024

3d -, 2024 WL 348821, No: 4:20-cv-09077-JSW (N.D. As previous cases indicate, “[m]ateriality can be shown by a third party’s, or defendant’s own, market research showing the importance of such representations to purchasers.” GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, F.Supp.3d

Marketing 59

Marketing Marketing False Advertising Advertising 59

Technology & Marketing Law Blog

FEBRUARY 18, 2024

.” The court explains: as in Twitter, the Alibaba Defendants’ acts — such as promotional emails advertising Merchant Defendants’ products — are primarily if not wholly algorithmically-generated. 19885566 Store, 2024 WL 532290 (S.D.N.Y. 9, 2024) Prior Blog Posts on the SAD Scheme N.D. You know what we need to do.

Blogging 86

Blogging Advertising Advertising Trademark 86

43(B)log

MARCH 4, 2024

12-2999, 2024 WL 887785 (D.N.J. 29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” One distributor continued to advertise a relevant product as American made until October 2023, and there were other scattered similar references online.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

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

JANUARY 31, 2024

On January 1, 2024, the copyrights in a number of recognizable works entered the public domain, including, among others, Disney’s iconic Mickey Mouse film “Steamboat Willie,” along with the specific depictions of Mickey Mouse and other characters in the film; A.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

The TTABlog

JANUARY 31, 2024

97219378 (January 29, 2024) [Not precedential] (Opinion by Judge Angela Lykos). The Board concluded that "no mental leap or multi-stage reasoning is required to understand that Applicant intends to market high-end cruise services." Welch 2024. How do you think this came out? In re Seven Seas Cruises S. Text Copyright John L.

Registration 51

Registration Marketing Marketing Advertising 51

BYU Copyright Blog

APRIL 1, 2024

Private School Too Public With Photographs Joshua Potter April 01, 11:19 AM April 01, 11:22 AM In March 2024, professional photographer Mando Morlos ("Morlos") filed a Complaint alleging that St. Morlos also provided large complimentary promotional posters for the school to advertise with. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. There was no evidence as to how products are developed or marketed in the dice box field, or what features are desirable, or why Three Frog's design is superior. It has advertised at gaming conventions and via social media, Google Ads, and social influencers.

Designs 57

Designs Design Social Media Registration 57

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

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. Pabst Brewing Co., 2:18-cv-00568 DJC CKD (E.D.

Social Media 59

Social Media Marketing Marketing Designs 59

43(B)log

MARCH 25, 2024

2024 WL 1208111, F.4th 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” R J Reynolds Tobacco Co.

Advertising 64

Advertising Advertising Social Media Government 64

LexBlog IP

JANUARY 10, 2024

” The complaint and settlement agreement provide a road map of how data brokers are accessing, using, and disclosing location services, and serves as guidance for both consumers and marketing companies. .”

Privacy 52

Privacy Settlement Marketing Marketing 52

Technology & Marketing Law Blog

MARCH 9, 2024

As I wrote in 2005 in the Joffe post: Regulatory efforts to carve up marketing on a per-technology basis have failed. “Plaintiff argues to grant Stratics immunity would be akin to granting a newspaper immunity for publishing defamatory advertisements in hardcopy form because those advertisements were submitted via an online webportal.”

Blogging 89

Blogging Publishing Technology Marketing 89

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark 59

Trademark Registration Copyright Patent 59

Technology & Marketing Law Blog

FEBRUARY 14, 2024

But this fact does not turn a conduit website like GMB into a livery… GMB simply provided a platform for Petitioner Chaves (the livery) to perform the tasks of advertising his boat rental, negotiating a rate, renting his own vessel, and earning a rental fee. portion of the total rental fee. LEXIS 23688 (S.D.

Contracts 72

Contracts Advertising Advertising Privacy 72

Technology & Marketing Law Blog

FEBRUARY 12, 2024

The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” ” Market Effect. Further, “if IJR’s challenged use becomes uninterrupted and widespread,” it hurts Philpot’s potential market of licensing to media outlets.

Fair Use 87

Fair Use Licensing Copyright Marketing 87