IP Tech Blog

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 57

Marketing Marketing Branding Brands 57

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. As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. 2022 WL 4596646 (C.D.

Advertising 102

Advertising Advertising False Advertising Trademark 102

Garrigues Blog

NOVEMBER 6, 2023

The exclusivity granted to the trademark owner is conditional upon the capacity of the mark in question to differentiate between different companies and services on the market. Marta González Aleixandre Garrigues Intellectual Property Department La entrada Can an advertising slogan function as a trademark?

Advertising 52

Advertising Advertising Trademark Registration 52

43(B)log

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? Tundra allegedly uses the information it scrapes from Faire’s platform, including contact information, to market its product. The screenshot was “commercial advertising or promotion.” Faire Wholesale, Inc. Tundra, Inc., 2023 WL 8586681, No. 23-cv-02538-JSC (N.D.

False Advertising 59

False Advertising Advertising Advertising Branding 59

TorrentFreak

JULY 9, 2022

While not all VPN services are bad apples, VeePN is allegedly using pirates’ fear of getting caught as a marketing strategy. 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.

Advertising 131

Advertising Advertising Copying Trademark 131

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 97

False Advertising Advertising Advertising Trademark 97

LexBlog IP

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 52

Marketing Marketing Contracts Branding 52

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

Technology & Marketing Law Blog

DECEMBER 10, 2023

Amazon is an ICS provider: Plaintiff alleges that Defendants “market” and “sell” products to retail consumers “through internet websites.” The plaintiff claimed that Amazon bears the responsibility to verify advertiser claims and product authenticity. This argument has failed so many times.

False Advertising 63

False Advertising Advertising Advertising Marketing 63

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 57

Advertising Advertising Blogging Branding 57

Kashishipr

JANUARY 19, 2022

The role that trademarks play in the marketing of a brand can help us unwind what commercial players and business houses should consider in the development of their brand marketing strategies to best incentivize their assets for better returns. How Does a Trademark Help in the Marketing of a Brand?

Marketing 105

Marketing Marketing Trademark Branding 105

LexBlog IP

OCTOBER 20, 2022

Yesterday, the Federal Trade Commission (FTC) hosted an event to look at kids’ digital marketing. In the proposed revision, the FTC put in a place marker for Kid Endorsements, saying, “Endorsements in advertisements addressed to children may be of special concern because of the character of the audience.

Advertising 52

Advertising Advertising Marketing Marketing 52

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Robinhood Markets, Inc., Ariix, LLC v.

Advertising 107

Advertising Advertising Contracts Social Media 107

SpicyIP

AUGUST 25, 2021

Her previous guest post on the blog can be viewed here. Domex Advertisement: Product Disparagement or Nominative Fair Use? Advertising is an important factor in deciding a product’s future success. Legal Position on Comparative Advertisement. The advertising of one’s own goods is not prohibited.

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Fair Use Advertising Advertising Branding 105

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 Branding 52

IP Tech Blog

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. The ASA held that under the CAP Code, the posts were marketing communications and as such, should have been obviously identifiable.

Social Media 57

Social Media Advertising Advertising Branding 57

IPilogue

FEBRUARY 14, 2022

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. Despite these advantages, comparative advertising is a dangerous field to navigate from a legal perspective.

Advertising 105

Advertising Advertising Trademark Branding 105

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. Case Citation : Cramer v. Netflix, Inc.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! The well-known company was sued in a California federal court last year for using photos Schroeder took of Sumida posing next to a Volvo S60 as part of a "global advertising campaign" on Instagram without her permission.

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

IP Tech Blog

OCTOBER 4, 2021

UK regulator, the Competition and Markets Authority ( CMA ), has now published the Green Claims Code to help businesses understand their obligations under consumer protection law. For help on green claims and other issues, contact partner, Carlton Daniel , whose team specialises in advising on advertising law and regulation.

Advertising 57

Advertising Advertising Publishing Marketing 57

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. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

Advertising 57

Advertising Advertising Social Media Publishing 57

Technology & Marketing Law Blog

OCTOBER 6, 2022

Eric’s Prior Tattoo Copyright Blog Posts. Tattoo Advertising/Human Billboards. WWE 2K (Guest Blog Post) appeared first on Technology & Marketing Law Blog. In short, opportunistic lawsuits brought by a handful of tattooers run the risk of devastating the industry as a whole. An appeal in Alexander v.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

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. Several platforms urgently need to change their game mechanics to comply with new rules.

Advertising 67

Advertising Advertising Publishing Reporting 67

IP Tech Blog

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Take appropriate, pro-active steps to prevent hidden advertising from appearing on the platform.

Branding 52

Branding Brands Branding Social Media 52

Technology & Marketing Law Blog

MARCH 14, 2024

But whether this is officially precedent or not, this line of thinking will be delicious chum for plaintiff’s lawyers. * * * Eric’s Comment : Cellphone plans often advertise they are “unlimited,” but many Internet access contracts cap the total available amount of data the subscriber can transit. (At month plans).

Blogging 86

Blogging Contracts Law Advertising 86

IPilogue

JUNE 3, 2022

This presents a concern with the growing posthumous market and the commercialization of personality rights and potentially, of individuals’ digital assets used to “revive” the dead. . UneeQ, a New Zealand-based software company, markets “digital humans” for enhanced online customer service. . Such technology is not novel.

Marketing 105

Marketing Marketing Personality Rights Intellectual Property Law 105

LexBlog IP

MAY 2, 2023

But blogs can get out the door far more quickly. And the Federal Trade Commission (FTC) has been blogging fast and furiously – one could say obsessively – about the hot topic of generative artificial intelligence (AI). The change has been dramatic and quick , and it has not escaped the notice of regulators.

Blogging 52

Blogging Privacy Marketing Marketing 52

43(B)log

FEBRUARY 17, 2022

One of Elysium’s counterclaims was based on statements that appeared on a blog, Right of Assembly, upwards of 20 times: ChromaDex isn’t allowed to say that NR treats any disease, because the FDA has not approved that. Was this commercial advertising or promotion? You can find out more here: [link]. I would have thought that was enough.]

Advertising 80

Advertising Advertising False Advertising Marketing 80

LexBlog IP

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. The ASA held that under the CAP Code, the posts were marketing communications and as such, should have been obviously identifiable.

Social Media 52

Social Media Advertising Advertising Branding 52

LexBlog IP

JANUARY 5, 2022

Well, when law enforcers come knocking and ask about your marketing practices, you can be pretty sure that they will also want to know what sort of training you do to make sure that your advertising and marketing are legally compliant. And in this context, set it and forget it just doesn’t suffice.

Marketing 52

Marketing Marketing Advertising Advertising 52

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 90

Blogging Social Media Television Fair Use 90

Technology & Marketing Law Blog

AUGUST 2, 2023

s advertisement for hats, copying Sarony’s Oscar Wilde No. The post How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Ehrich Bros.’s

Artwork 95

Artwork Blogging Art Copyright 95

Technology & Marketing Law Blog

DECEMBER 10, 2022

It had favorable organic indexing that made it some money, and it bought Adwords advertising that made it more money. But over time, its organic indexing declined and so did its conversion rate on advertising. 2 claim, alleging that Google willfully monopolized a market. But which market? Case dismissed.

Advertising 99

Advertising Advertising Marketing Marketing 99

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.

Licensing 70

Licensing Copyright Blogging Fair Use 70

Technology & Marketing Law Blog

APRIL 3, 2023

Bad Spaniels (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post The First Amendment Limits Trademark Rights, But How?–Jack –Jack Daniel’s v.

Blogging 102

Blogging Trademark Fair Use Trademark Law 102

Above the Fold

APRIL 30, 2023

Specifically, the FTC wants marketers to think about the following questions when mentioning AI in their advertising: Are you exaggerating what your AI product can do? Overall, the FTC wants to remind marketers to possess adequate substantiation for their AI claims and not to overpromise what their AI-based tools and devices can do.

Marketing 52

Marketing Marketing Advertising Advertising 52

Technology & Marketing Law Blog

JULY 18, 2023

This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Google (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Blogging Contracts Copyright Law Copyright 90