Bad moments in lawyer advertising

Likelihood of Confusion

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.

copying competitor's website & reviews creates (c), TM, false advertising problems

43(B)log

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

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Keyword Advertising and Trademarks

Selvam & Selvam Blog

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.

"advertising injury" insurance exclusion doesn't exclude false advertising claims

43(B)log

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.

user manuals aren't "commercial advertising or promotion" but do have thin copyright

43(B)log

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Santos Elecs.

Examining the Circuit Split on Preliminary Injunctions in False Advertising Post-eBay

IP Watchdog

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.

Intellectual Property Rights Involved in Advertising Campaigns

Kashishipr

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.

Retailer has standing to assert Lanham Act false advertising claims against its own supplier

43(B)log

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

An Analysis On Conflict Between Advertisement Tax & GST

IP and Legal Filings

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.

Serious Comparative Advertising: Broadening the Definition

SpicyIP

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.

Applying Romag to false advertising cases

43(B)log

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.

antitrust claim against Suboxone, including false advertising, survives summary judgment

43(B)log

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.,

warranties aren't advertising b/c it's not plausible that anyone reads them before purchase

43(B)log

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.

Crackdown on Gambling Ads Featuring Sports Stars: New Advertising Rules

IP Tech Blog

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.

Disgorgement in a noncomparative false advertising case: doctrinal drift?

43(B)log

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.

Statements in Insider article were plausibly commercial advertising or promotion

43(B)log

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.

The target keeps moving on keyword advertising

Likelihood of Confusion

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™.

UK Regulator Issues New Guidance on In-Game Advertising

IP Tech Blog

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.

Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular

Technology & Marketing Law Blog

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

Filmmakers Sue VPN for Promoting Piracy & Advertising on YTS

TorrentFreak

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.

Advertising Regulatory Board NPC & others v Bliss Brands (Pty) Ltd: Advertising regulatory code's constitutional dimensions clarified

The IPKat

The SCA upheld the appeal and held that if left to stand, the decision of the High Court “effectively dismantled the system of self-regulation of advertising in South Africa in its entirety”. ADR advertising standards Chijioke Okorie IP and advertising South Africa

Spotify Knocks Out Advertising Tech Patent

IP Law 360

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

Music 62

falsely advertising "proprietary" and "exclusive" material isn't actionable under Dastar

43(B)log

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.,

two Zillow false advertising cases, divergent outcomes

43(B)log

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?

Is the Metaverse a Giant 'Native Advertisement'? - Kattison Avenue | Issue 9

JD Supra Law

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.

Piracy Advertising Researchers Fall Victim to Ransomware Attacks

TorrentFreak

The Digital Citizens Alliance ( DCA ) shared some new research that it carried out in partnership with piracy advertising expert White Bullet and cybersecurity outfit Unit 221B. Over the years we have seen dozens of anti-piracy campaigns.

Commerce media: The new force transforming advertising

McKinsey

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

clicking on competitor's ads isn't commercial advertising or promotion

43(B)log

Defendants allegedly “sought out Motogolf’s ads and repeatedly clicked on them, causing Motogolf’s ads to disappear sooner and increasing Motogolf’s advertising budget,” and allegedly interfered with its vendor relationships by accusing them of the same behavior. false advertising

targeting residents of one building can be advertising or promotion

43(B)log

Commercial advertising or promotion: Defendants argued that the C&D and statements to clients and prospective clients weren’t commercial speech because the statements “pertain to BIR’s legal rights under the Agreement.” De Cortes v.

dissatisfaction w/Amazon's partner program isn't TM infringement/false advertising

43(B)log

False designation of origin/false advertising: Lasoff v. And it dismissed false advertising claims as “duplicative of his infringement claim.” dilution false advertising trademarkMelwani v. Amazon.com, Inc., 2022 WL 670919, NO. C21-1329RSM (W.D. 7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” His marks are enrolled in Amazon Brand Registry, and Royal Silk Direct maintains an authorized Royal Silk “storefront” on Amazon.com.

false advertising as a workaround when municipal codes are copied?

43(B)log

false advertisingInternational Code Council, Inc. UpCodes, Inc., 2021 WL 1236106, Nos. 17 Civ. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y.

ordinary recalls aren't commercial advertising or promotion

43(B)log

Lanham Act claim: The recall was not “commercial advertising or promotion.” There was no dispute in that case about whether the notice was commercial advertising or promotion. But more important, the recall here “clearly did not constitute commercial advertising or promotion of CRF’s product but instead recalled it. false advertisingPictsweet Co. Offutt Farms Co., 2021 WL 4034222, No. 3:19-cv-00722 (M.D. Sept.

Thousands of Pirate Sites are Listed on WIPO’s Advertising Blacklist

TorrentFreak

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. Opinion Articles Advertising site blocking WIPO

advertising claim of capacities unavailable to consumers was plausibly deceptive

43(B)log

They plausibly alleged, with examples, lots of horsepower claims, and plausibly alleged that an ordinary person would understand these representations to mean that a treadmill’s in-home continuous horsepower matched the “CHP” value advertised. consumer protection false advertising

California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” The First Amendment has long coexisted with no-fault false advertising laws.

Contextual advertising and the right of publicity

43(B)log

22, 2021) This case should be of interest to people working on contextual advertising. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.” Champion v.

Robinhood's newsletter isn't commercial advertising

43(B)log

Jackson v. Robinhood Markets, Inc., 2021 WL 2435307, No. 21-cv-02304-LB (N.D.

WEBINAR: Trademark and Advertising Basics for Cannabis Companies

Trademark and Copyright Law Blog

Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Advertising best practices and what not to say. Neil Austin , Partner, Co-Chair, Advertising & Marketing Practice. The post WEBINAR: Trademark and Advertising Basics for Cannabis Companies first appeared on Trademark and Copyright Law. Trademark Webinar advertising brand Trademarks Cannabis

aiding and abetting liability in false advertising cases

43(B)log

And it is very plausible that providing assistance with advertising campaigns for clients would necessitate knowledge of the content of the advertisements and the nature of the campaign.” california false advertising secondary liabilityBonus: Civil RICO claims survive! Sihler v.

legal memo to existing customers wasn't "commercial advertising or promotion"

43(B)log

The false advertising counterclaim arose from a legal memo that IHS sent to customers who had been contacted by two people on behalf of defendant TDM: We understand that you have been contacted by Trade Data Monitor offering an equivalent service to the Global Trade Atlas. false advertising