IP Watchdog

APRIL 3, 2024

Michael Best & Friedrich LLP is seeking an experienced Advertising, Marketing, and Promotions Partner to help grow our Advertising and Brand Protection team.

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43(B)log

MARCH 7, 2024

Shkipin’s amended false advertising counterclaim fails again. To establish that HomeLight proximately caused HomeOpenly to suffer a loss of sales, Mr. Shkipin would need to show how deceptive statements about HomeLight directed at shoppers on HomeLight’s own website necessarily caused advertisers not to buy ads from HomeOpenly.

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Olartemoure Blog

DECEMBER 14, 2023

Resolution 1896 of 2023, contains regulations on non-promotional information, promotion, marketing, and advertising of medicinal products. Advertising and promotion of OTC medicines must be notified to INVIMA prior to launch and will be subject to market surveillance (prior authorization is no longer required). 

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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.

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The IP Law Blog

JANUARY 19, 2024

The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing.

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The IPKat

APRIL 18, 2023

Google offers an advertising service called Dynamic Search Ads. However, instead of using a text from the advertiser, Google’s proprietary algorithm automatically generates the text, including the headline and landing page, from the advertiser’s website content. The Court applied by analogy the case law on keyword advertising.

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IP Law 360

OCTOBER 16, 2023

attorney from Kelley Drye & Warren LLP as a partner and new head of its advertising practice, according to an announcement Monday. Finnegan Henderson Farabow Garrett & Dunner LLP has added a Washington, D.C.,

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JD Supra Law

MARCH 14, 2024

101 with respect to claims directed to web-based advertising. In a wide-ranging opinion, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of invalidity for lack of patent eligible subject matter under 35 U.S.C. § Chewy, Inc. International Business Machines, Corp., 22-1756 (Fed.

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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.

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JD Supra Law

NOVEMBER 21, 2023

The weekend has just closed on another very rainy Floridian ANA Masters of Advertising Law Conference (Last year we had a hurricane, so this would qualify as an uninspiring upgrade).

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Olartemoure Blog

SEPTEMBER 1, 2023

On August 21, 2023, the Advertising Guide for Influencers of the Federal Consumer Protection Agency (PROFECO) was published in the Official Journal of the Federation (DOF). This guide provides guidelines for influencers and content creators in Mexico to follow the advertising regulations established by the Federal Consumer Protection Law.

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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. What Privacy-Related Claims Does Your Company Make?

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43(B)log

FEBRUARY 16, 2024

12, 2024) This default judgment actually analyzes the false advertising claims, which is why I note it. However, the false advertising claims by Amazon failed, because Amazon didn’t allege that defendants made false statements in commercial advertisements for the purpose of influencing consumers or that Amazon was in competition with Wong.

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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. On 20 October 2023, COLJUEGOS issued Resolution No.

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43(B)log

FEBRUARY 23, 2024

21, 2024) ECRI and its CEO sued Ferens, a former ECRI employee, for various things including defamation, IIED, violations of trade secret law, and Lanham Act false advertising. The Glassdoor review was not “commercial advertising or promotion.” This was the only conduct relevant to the Lanham Act claim.

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Advertising Advertising False Advertising Law 59

43(B)log

OCTOBER 9, 2023

Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” False advertising, Lei defendants: The complaint didn’t explain how “designed in the United States but … manufactured in China” was materially deceptive and thus didn’t meet FRCP 9(b) pleading standards.

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43(B)log

SEPTEMBER 6, 2023

The Ninth Circuit has held: “[i]n some cases, the threat of future harm may be the consumer’s plausible allegations that she will be unable to rely on the product’s advertising or labeling in the future, and so will not purchase the product although she would like to.”

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Olartemoure Blog

JULY 21, 2023

The Colombian authority in charge of protecting consumers has begun investigating companies associated with four well-known influencers due to alleged practices of disseminating incomplete information and misleading advertising. Both the influencer and the advertiser should refrain from concealing the advertising nature of the message.

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JD Supra Law

APRIL 18, 2024

The Federal Circuit recently affirmed summary judgment that patent claims directed to identifying advertisements based on search results are patent ineligible subject matter under 35 U.S.C. §

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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.

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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

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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.”

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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.

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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.

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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?

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Editing Advertising Advertising Marketing 118

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.

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IP Watchdog

MARCH 5, 2024

did not infringe several claims of one IBM web advertising patent and that granted summary judgment of patent ineligibility on certain claims of another. Court of Appeals for the Federal Circuit (CAFC) in a precedential decision today mostly upheld a district court ruling that found Chewy, Inc.

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43(B)log

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? The screenshot was “commercial advertising or promotion.” The allegation that hundreds of brands have been targeted by Tundra’s false advertising “supports an inference Tundra’s misrepresentations have the tendency to deceive a substantial segment of Faire’s audience.”

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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.

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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.

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Advertising Advertising False Advertising Trademark 101

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.

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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.

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Advertising Advertising Reporting Privacy 52

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.”

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

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Advertising Advertising Intellectual Property Social Media 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.

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Advertising Advertising Privacy Intellectual Property 52

JD Supra Law

JANUARY 19, 2024

The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing. By: Weintraub Tobin

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JD Supra Law

MARCH 15, 2024

The decision reaffirmed that targeted advertising can be an abstract idea. The precedential opinion reaffirmed that when a patentee consistently describes its present invention, its claims will be limited to such invention unless it meets a narrow exception. By: Pillsbury Winthrop Shaw Pittman LLP

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