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. How many people fall for these dubious advertisements is unknown.

Advertising 121

Advertising Advertising Government Registration 121

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. Introduction.

Advertising 69

Advertising Advertising Government Social Media 69

JD Supra Law

JULY 28, 2023

Can advertising on Youtube lead to copyright infringement? An effective YouTube channel or video can reach potential customers across the globe at a fraction of the cost of traditional advertising. An effective YouTube channel or video can reach potential customers across the globe at a fraction of the cost of traditional advertising.

Copyright Infringement 52

Copyright Infringement Copyright Advertising Advertising 52

JD Supra Law

MAY 5, 2023

But as with all advertising, certain rules apply. If a picture is worth a thousand words, that makes a meme worth about 50 tweets. It’s therefore no surprise that so many companies are interested in leveraging memes in marketing. One does not simply meme without knowing the law. By: Smart & Biggar

Advertising 97

Advertising Advertising Law Marketing 97

43(B)log

JULY 19, 2023

17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., 19-662-CFC, 2023 WL 4561059 (D. Natera made superiority claims for its Prospera.

False Advertising 97

False Advertising Advertising Advertising Trademark 97

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 advertisements require a lot of brainstorming in highlighting the distinctive characteristics of the product and build its uniqueness.

Advertising 52

Advertising Advertising Intellectual Property Copyright Infringement 52

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. As fear and anxiety proliferate during this pandemic, fraudulent or false advertisements also surge and explode.

False Advertising 116

False Advertising Advertising Advertising Marketing 116

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

Olartemoure Blog

MARCH 3, 2023

In recent days, the “Coalition of Privacy Self-Regulatory Organizations”, an NGO led by different international associations in the advertising industry, launched a series of guidelines and technical specifications aimed at simplifying and improving users’ experience regarding the management of privacy on websites and platforms.

Advertising 52

Advertising Advertising Intellectual Property Privacy 52

IPilogue

MARCH 22, 2023

According to the complaint, BetterHelp used and revealed consumers’ email addresses, IP addresses, and health questionnaire information to Facebook, Snapchat, Criteo, and Pinterest for advertising purposes”, including “identify[ing] similar consumers and target[ing] them with advertisements for BetterHelp’s counseling service.”

Advertising 88

Advertising Advertising Privacy Settlement 88

JD Supra Law

JUNE 22, 2023

In a case originally based on a false advertising claim under § 43(a) of the Lanham Act, the US Court of Appeals for the Ninth Circuit affirmed in part, reversed in part and remanded the district court’s dismissal of the claim. Enigma Software Group USA, LLC v.

False Advertising 52

False Advertising Advertising Advertising 52

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. Sangita Sharma.

Advertising 104

Advertising Advertising Trademark Law 104

43(B)log

JUNE 26, 2023

lawsuits against clubs for advertising them with images of models without those models’ consent. The relevant policy provides coverage for bodily injury, property injury, and advertising injury, subject to certain conditions and exclusions. Covered personal/advertising injury included d.

Advertising 72

Advertising Advertising Intellectual Property False Advertising 72

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. And proximate cause?

False Advertising 99

False Advertising Advertising Advertising Licensing 99

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. . “[S]ome unscrupulous VPN providers have taken advantage of this widely known risk by promoting their VPN services as essential tools for piracy.

Advertising 119

Advertising Advertising Trademark Copyright Infringement 119

Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Chapter 2: What is an Advertisement?

Editing 110

Editing Advertising Advertising Law 110

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.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

Technology & Marketing Law Blog

DECEMBER 19, 2021

You can see Seeking Arrangements’ ad (highlighted) showing above Luxy’s own ad and mixed in with ads for unrelated products: The court says: Plaintiffs’ advertisement does not contain the word “Luxy” or appear to cause any more confusion than the other three advertisements. More Posts About Keyword Advertising.

Advertising 98

Advertising Advertising Trademark Settlement 98

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. As the court says later, “it seems unlikely that an Internet user who reads defendant’s advertisements would believe that they belong to or are endorsed by plaintiffs.”

False Advertising 92

False Advertising Advertising Advertising Trademark 92

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. 2022 WL 4596646 (C.D.

Advertising 93

Advertising Advertising Trademark False Advertising 93

JD Supra Law

SEPTEMBER 30, 2022

Just as sponsored content dominates social media, so too will advertising blanket the metaverse. As affirmed at the 2022 National Advertising Division (NAD) Annual Conference, the traditional. The metaverse virtual world is a shiny new sandbox for brands to play in. By: Katten Muchin Rosenman LLP

Advertising 98

Advertising Advertising Social Media Branding 98

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 59

Advertising Advertising IP Law 59

TorrentFreak

NOVEMBER 11, 2021

This is why the advertising industry is seen as an ally in the fight against piracy. In the UK , hundreds of advertising agencies began banning pirate sites, and the European Union chimed in as well. Interestingly, the MPA also reported the advertising company PopAds as a notorious piracy market.

Advertising 114

Advertising Advertising Copyright Infringement Intellectual Property 114

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.

Patent 73

Patent Advertising Advertising Music 73

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. And they used the phrase “Feel the Harbor Breezes” in a pay-per-click advertisement on Google.

False Advertising 59

False Advertising Advertising Advertising Litigation 59

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.

Advertising 59

Advertising Advertising False Advertising Licensing 59

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. Ethical duties are paramount in any legal practice. Even unintentional missteps can be detrimental to the attorney, and their client.

Trademark 75

Trademark Copyright Advertising Advertising 75

43(B)log

JUNE 29, 2023

Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for false advertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews. NatureWise’s products advertised that they met the same Dr. Oz-endorsed requirements. Heartwise, Inc.,

False Advertising 80

False Advertising Advertising Advertising Marketing 80

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). IDT removed its “Made in USA” advertising in the first 8 months of 2022, and its on-line sales increased during that time period. There’s more, including public disputes on Craigslist.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

43(B)log

APRIL 18, 2023

ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, false advertising under the Lanham Act and California law, and tortious interference. ZimVie responded that the commercial speech exception applied.

False Advertising 72

False Advertising Advertising Advertising Trademark 72

LexBlog IP

JULY 10, 2023

Can I Use a Competitor’s Name in Advertising? by Founders Legal Some of the most memorable advertising campaigns in history involve the comparative use of competing trademarks. Compatibility Assurances If your product serves as an accessory to another company’s product, you can advertise that compatibility.

Advertising 40

Advertising Advertising Trademark Intellectual Property 40

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.” Dastar barred a passing off claim.

False Advertising 72

False Advertising Advertising Advertising Copyright 72

LexBlog IP

JUNE 6, 2023

Eastern , Seyfarth attorneys Kristine Argentine , John Tomaszewski , and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.” On Tuesday, June 13 at 1:00 p.m.

Advertising 52

Advertising Advertising Privacy Marketing 52

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. The back of the advertisement said, among other things, “Windstream’s future is unknown, but Spectrum is here to stay.”

False Advertising 59

False Advertising Advertising Advertising Intellectual Property 59

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. In this case, the plaintiff was Bright Lifecare Pvt.

Intellectual Property 52

Intellectual Property Advertising Advertising Trademark 52

The IPKat

SEPTEMBER 10, 2022

Earlier in April, the Supreme Court of Appeal of South Africa (SCA) ruled on the appeal brought by the Advertising Regulatory Board (ARB) against the decision of the High Court (discussed on the IPKat here ), which held inter alia that the certain provisions of the ARB’s Code of Advertising Practice (the “Code”) were unconstitutional.

Advertising 52

Advertising Advertising Copyright Infringement Branding 52