Advertising Related Topics 
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. Without utilising APCON in this case, MIC was able to secure the placement of an advertising in the Punch Newspaper on May 29, 2014.
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.
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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 word “ZIDD” in the advertisements depict the perseverance and resilience of the protagonists.
Olartemoure Blog
MARCH 3, 2023
It particularly targeted advertising in electronic media. La entrada Guidelines on targeted digital advertising se publicó primero en OlarteMoure | Intellectual Property.
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.
43(B)log
MARCH 14, 2023
Its principal, Patton, allegedly promoted the business “by creating a fictionalized crisis between [FedEx] and its ISPs and TSPs as an advertisement for the purported need for Route Consultant’s consultancy and other services.” Was this “commercial advertising or promotion”?
43(B)log
JANUARY 13, 2023
But what about false advertising? Thus, Wolf didn’t plead the requisite “false statement of fact” in a “commercial advertisement.” An amended complaint would have to allege “how Defendants advertised their vehicle wraps such that they intended to pass off their wraps as Plaintiff’s.”
IP Watchdog
APRIL 13, 2022
In responding to the unprecedented COVID-19 challenges, companies around the world are rushing to capitalize on the current crisis by advertising the effectiveness of their products in containing the virus spread.
TorrentFreak
DECEMBER 7, 2022
As it turns out, scammers have started to abuse the European Commission’s official website to advertise dubious ‘pirate’ sites. These advertisements come in the form of PDFs which are uploaded through public EU portals.
Selvam & Selvam Blog
JULY 20, 2021
In this day and age, internet is a powerful tool for advertising with limitless reach and keyword advertising is the most popular form of digital advertising. Google AdWords, Google’s flagship program that facilitates keyword advertising is no stranger to legal controversies.
43(B)log
OCTOBER 5, 2021
28, 2021) Mostly this case is about other things, but the court finds a duty to defend in the underlying false advertising case. Luxottica was sued in a class action alleging that its AccuFit system for prescription eyeglasses was falsely advertised as more accurate. Luxottica, Inc.
43(B)log
OCTOBER 11, 2022
Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms. copyright false advertising trademark
43(B)log
NOVEMBER 23, 2022
Lynd advertised the Product as effective against the coronavirus. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums. the Lanham Act false advertising claim survived. false advertising standing
43(B)log
JANUARY 13, 2023
11, 2023) Plaintiff alleged that defendant MGD advertises and sells milk that is one hundred percent from cows outside of Hawai‘i. Was a false geographic origin claim one for false association, § 1125(a)(1)(A), or false advertising, § 1125(a)(1)(B)?
43(B)log
JANUARY 11, 2023
9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean. false advertisingAHBP LLC v.
43(B)log
MARCH 16, 2023
Despite Romag , the court declines to award disgorgement or fees in this false advertising case. A jury found that Harbor Breeze proved all elements of liability for false advertising but awarded $0 in damages and profits. Harbor Breeze Corp. Newport Landing Sportfishing, Inc.,
Likelihood of Confusion
NOVEMBER 2, 2022
The firm worked out a deal with the radio station that broadcasts New York Yankees games, The post Bad moments in lawyer advertising appeared first on LIKELIHOOD OF CONFUSION™. Above the Law reports: Belluck & Fox is a nine-attorney law firm in Manhattan.
SpicyIP
JULY 13, 2021
We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Serious Comparative Advertising: Broadening the Definition. It allowed the advertisement but asked the company to remove the reference to the detergent soap.
JD Supra Law
FEBRUARY 10, 2023
The Super Bowl is one of the most highly anticipated events in the world of sports, attracting millions of fans, advertisers, and sponsors from around the globe. Because of this, Super Bowl advertisements are plentiful both before and during the game.
Trademark and Copyright Law Blog
OCTOBER 17, 2022
Matters relating to copyright, trademark and advertising law give rise to some special ethical considerations. Negotiating settlement of advertising-related competitor suits and class actions. We explored these and other important ethical questions to have on your radar the next time a copyright, trademark or advertising issue pops up in your practice. Webinar Copyright Trademark webinar Inhouse Counsel advertisingEthical duties are paramount in any legal practice.
43(B)log
MARCH 3, 2023
TRUSTID lost both patent infringement and Lanham Act false advertising claims. link] false advertisingTRUSTID, Inc. Next Caller, Inc., 2023 WL 2298748, 2022-1433 (Fed. 1, 2023) Discussion of some district court proceedings here.
43(B)log
DECEMBER 10, 2021
This allowed McCormick to advertise what seemed like an attractive lower price and charge more. damages false advertising remediesWatkins Inc. McCormick & Co., 2021 WL 5810487, NO. 15-2688(DSD/BRT) (D.
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.
43(B)log
FEBRUARY 16, 2023
7, 2023) Navatar sued for state and federal false advertising, as well as commercial defamation, injurious falsehoods, unfair competition. link] false advertisingNavatar Group, Inc. DealCloud, Inc., 2023 WL 1797266, No. 21-cv-1255 (SHS) (S.D.N.Y.
43(B)log
FEBRUARY 16, 2023
In fact, Chen alleged, approximately 25% of its products—including its most popular products—were excluded from the advertised sale. link] consumer protection false advertisingChen v. Sur La Table, Inc., F.Supp.3d -, 2023 WL 1818137 (W.D.
IP Tech Blog
DECEMBER 3, 2021
What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Instead, it provides a useful framework to enhance businesses’ understanding of their obligations when conducting in-game advertising.
TorrentFreak
JULY 9, 2022
These VPN providers emphasize in advertisements that they delete their end users’ log access records so their identities will never be disclosed to copyright owners or law enforcement. Over the past year, a group of independent movie companies filed a series of lawsuits against VPN providers.
43(B)log
SEPTEMBER 28, 2021
14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” dastar false advertisingCrocs, Inc. Effervescent, Inc.,
43(B)log
JUNE 22, 2022
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, advertising false advertisingPlateau Casualty Ins.
Kashishipr
OCTOBER 5, 2022
In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services.
43(B)log
JANUARY 23, 2023
Likely injury: Unlike a trademark claim, false advertising has injury as an element of the claim, and thus the statutory presumption of irreparable injury is less helpful to false advertising plaintiffs. link] false advertising remediesSantos Elecs. Outlaw Audio, LLC, No.
43(B)log
MARCH 9, 2022
A jury found that defendants had engaged in materially false or misleading advertising about the parties’ competing whale-watching-cruise business in violation of the Lanham Act, but the jury awarded $0 in actual damages. false advertising remediesHarbor Breeze Corporation v.
Likelihood of Confusion
JULY 26, 2021
Searchengineland: Eric Goldman reports that a US District Judge in Florida ordered an advertiser using a trademark term to use the negative keyword option, to ensure that they would no. The post The target keeps moving on keyword advertising appeared first on LIKELIHOOD OF CONFUSION™.
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.
IP and Legal Filings
SEPTEMBER 21, 2022
The Karnataka High Court in one of their recent judgement in matter of Hubballi Dharwad Advertisers Association (R) v. GST & ADVERTISEMENT TAX. The implementation of GST lead to abolishment of various types of indirect taxes and one such tax is the advertisement tax.
IP Law 360
SEPTEMBER 29, 2022
A New York federal judge has tossed a patent owner's infringement suit against streaming service Spotify over music advertisement technology, ruling Wednesday that the asserted patent is invalid since it covers an abstract idea
IP Law 360
MARCH 23, 2023
A New Jersey federal judge on Thursday undid the court's previous grant of a preliminary injunction imposing internal controls against Kars 4 Kids following a suit accusing the nonprofit of illegally accepting donations in connection with advertisements on SiriusXM Radio, finding that the claims lacked specificity
43(B)log
AUGUST 25, 2022
That difficulty is not really unique, but the court is forced to make distinctions because of the unwarranted exclusion of many false advertising claims from antitrust consideration.) antitrust false advertisingIn re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litig.,
McKinsey Operations
JULY 5, 2022
Commerce media is revolutionizing how ads are bought and optimized. Companies need the right strategy to share in its potential trillion-dollar-plus value. Growth, Marketing & Sales Insights Customer experience & loyalty Customer lifecycle management & CRM Marketing strategy
43(B)log
AUGUST 5, 2022
Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad? commercial speech false advertisingGlamour Dolls Inc. Lisa Frank Inc., CV-21-00228-TUC-SHR, 2022 WL 3098042 (D.
43(B)log
DECEMBER 12, 2022
6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. But why would some advertising constitute exercising control while other advertising didn’t?
43(B)log
DECEMBER 26, 2022
3, 2022) The trial court found Image liable for false advertising of an unapproved medical procedure (removing fat cells and reinjecting them elsewhere in the patient’s body). consumer protection false advertising remediesState v. Image Plastic Surgery, LLC , N.Y.S.3d -, 210 A.D.3d
43(B)log
SEPTEMBER 13, 2021
2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. Lanham Act claim: Was this commercial advertising or promotion?
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