43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Brands 49

IPilogue

JULY 15, 2021

Beavan told Variety that Disney discussed co-branded products for Target and Singer Corporation as well as a possible fashion collection. Then, in May 2021, the fashion brand Rag & Bone advertised a new, officially-licensed Cruella -inspired collection—without Beavan’s knowledge or attribution.

Licensing 106

Licensing Contracts Designs Design 106

Intepat

APRIL 10, 2022

Overall, the MSME scheme fosters the growth and development of these enterprises and assists them to flourish among existing top brands. Trademarks help your business to stand out from the crowd where there are so many look-alike products. Businesses are becoming more and more customer-oriented. Registration fee.

Registration 98

Registration Trademark Branding Brands 98

IP and Legal Filings

NOVEMBER 6, 2022

The media and entertainment (M&E) industry, comprises of a diversified range of businesses, which are frequently engaged in dissemination of creative expression and information. Or whether the agencies should be provided royalties for the same if the idea is used for marketing purposes after their contract has ended?

Ownership 52

Ownership Intellectual Property IP Contracts 52

The TTABlog

AUGUST 21, 2023

In re Brand3, Inc. 90483463 (August 16, 2023) [not precedential] (Opinion by Judge Angela Lykos).

Branding 52

Branding Brands Branding Advertising 52

43(B)log

FEBRUARY 4, 2022

2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising. ML Fashion, LLC v. Nobelle GW, LLC, No.

False Advertising 83

False Advertising Advertising Advertising Designs 83

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. by guest blogger Prof. Guy Rub , The Ohio State University Michael E. ML Genius v.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

Above the Fold

SEPTEMBER 29, 2023

First and foremost, companies should not rely upon a general duty of confidentiality and should instead require employees to sign acknowledgements, policies, and/or contracts requiring confidentiality both during and after employment.

Confidentiality 52

Confidentiality Intellectual Property Invention IP 52

IP and Legal Filings

NOVEMBER 23, 2023

Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999.

Intellectual Property 98

Intellectual Property Privacy Branding Brands 98

43(B)log

AUGUST 10, 2021

Shenzen also brought claims under Texas law for unfair competition, tortious interference with existing business relationships, fraud, and business disparagement. Using our products description, our pictures that we have taken of our own products even our brand to falsely exploit our reputation, in order to make quick sales.

Advertising 59

Advertising Advertising Designs Design 59

LexBlog IP

JULY 20, 2023

Time and resources are tight, and the best legal teams know how to support their businesses: commercial know-how and sharp insight without the ivory tower. Partnering with my clients to navigate strategic deals and activate their brands is a joy. Advertising moves fast. I hope you’ll join me.

Advertising 40

Advertising Advertising Contracts Marketing 40

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AKF sued LCF etc.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

TorrentFreak

JANUARY 31, 2023

In just a few years it has transformed the adult industry’s pay-to-access model into an all-you-can-eat, free-to-stream business. This material includes legitimate videos from official Pornhub models, as well as thousands of videos that are copyrighted by MindGeek, such as the Brazzers and Reality Kings brands.

Copyright Infringement 82

Copyright Infringement Contracts Ownership Copyright 82

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. While certain attributes of the accounts made it unclear as to whether they were personal or business-focused accounts, the evidence was clear that the accounts were used extensively by JLM or by Ms. Gutman in her role as an employee of JLM.

Social Media 97

Social Media Ownership Branding Brands 97

Intepat

APRIL 10, 2022

Overall, the MSME scheme fosters the growth and development of these enterprises and assists them in flourishing among existing top brands. Trademarks help your business stand out from the crowd where many look-alike products exist. Businesses are becoming more and more customer-oriented. Registration fee.

Registration 52

Registration Trademark Branding Brands 52

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law. And in February 2022, Nike, Inc.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

TorrentFreak

JANUARY 31, 2023

In just a few years it has transformed the adult industry’s pay-to-access model into an all-you-can-eat, free-to-stream business. This material includes legitimate videos from official Pornhub models, as well as thousands of videos that are copyrighted by MindGeek, such as the Brazzers and Reality Kings brands.

Copyright Infringement 70

Copyright Infringement Contracts Ownership Copyright 70

The TTABlog

JULY 31, 2023

& design for "extended warranty services, namely, service contracts; Providing extended warranties on motor vehicles, namely, extended service contracts covering mechanical breakdown or failure in which a vehicle dealer will provide repairs.] August 30, 2023 - 1 PM: Four Seasons Brands, LLC v. Kenneth Thomas , Opposition No.

Contracts 52

Contracts Registration Designs Design 52

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e., PUP, by contrast, was too vague to be factual.)

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

MAY 3, 2023

But MacNaughton had already spent money on Young Living’s products, including lavender oil advertised to “promote[] [a] feeling of calm and fight[] occasional nervous tension” and peppermint oil that allegedly “helps to maintain energy levels.” Young Living continued to advertise the products as being “therapeutic-grade.”

Law 52

Law False Advertising Advertising Advertising 52

TorrentFreak

NOVEMBER 12, 2022

Once the police have conducted their own investigations, any domain added to the IWL finds itself blacklisted by the advertising industry and then shared as part of the full list with other stakeholders, rightsholders, and anti-piracy groups. Perceived Threats to Business and Livelihoods. Linking >>> Linking >>> Linking >>>.

Advertising 69

Advertising Advertising Reporting Intellectual Property 69

TorrentFreak

JUNE 18, 2022

These days anti-piracy enforcement is an integral part of entertainment companies’ business strategies. Disney doesn’t publicly commit to a salary for this 12-month fixed-term contract so if music is more your thing, Universal Music Group is also looking for a new recruit. The battle never ends. Movies and Music.

Cinema 124

Cinema Non-Fungible Tokens Music Advertising 124

LexBlog IP

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

JANUARY 5, 2024

While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength. Indeed, in an internal marketing presentation from January 4, 2022, Plaintiff itself used words like, “plain…bored…uninspired…nondescript…[and] sterile” to describe the brand identity of its acronyms.

Branding 59

Branding Brands Branding Marketing 59

IP and Legal Filings

APRIL 8, 2023

CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders. CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders. Production Contracts – After the director, producer, and script are ready, three categories come into play.

Privacy 76

Privacy Law Intellectual Property Music 76

LexBlog IP

OCTOBER 4, 2022

As described by SEC Chair Gary Gensler, Kim Kardashian’s June 2021 Instagram post was not a generic product advertisement. No, most certainly not; however, business owners and promoters need to be conscious of the laws surrounding the areas of what specifically is to be promoted. Josh Slovin. Associate Attorney. Contact Josh.

Social Media 52

Social Media Intellectual Property Business Registration 52

IIPRD

AUGUST 4, 2022

In today’s market, a distinct brand identity is critical in all company sectors. Influencers that make a lot of money from internet marketing must also defend their own brand identification. Unlike offline business sectors, original material on the web is simply and freely accessible to anyone. Trademarks.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Garrigues Blog

SEPTEMBER 14, 2022

The distinction entitles the holder to display the Royal Arms in relation to its business, for up to five years and renewable for further five-year periods, although such renewal must be assessed in the year before the Warrant is due to expire. giving us insight into the tastes and preferences of the Royal Household.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

The TTABlog

DECEMBER 21, 2021

In its December 2018 decision, the Board concluded that Petitioner Australian lacked "standing": it could not show an interest in the proceeding or a reasonable belief of damage because it had contracted away its proprietary rights in its unregistered marks. Nor did respondent have advertising material or seek FDA approval.

Registration 51

Registration Contracts Advertising Advertising 51

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Impacts on Businesses. Businesses? How Do State-specific data privacy regulations affect businesses? Businesses?

Privacy 52

Privacy Government Intellectual Property Business 52

43(B)log

FEBRUARY 18, 2022

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. Traditional advertising can change firsthand consumer impressions, both pre and post experience—telling consumers coffee isn’t bitter makes their impressions of bitterness change, etc. How is reputation constructed in law?

Copyright 69

Copyright Business Branding Brands 69

SpicyIP

NOVEMBER 8, 2023

So … Prashant’s post was followed by a detailed post on Adwords and Trademark Law cautioning that a traditional interpretation of “use in commerce” could jeopardize the rights of trademark owners, given the evolving business models. Only then does Google need to take action against the advertisement and not otherwise.

Trademark 59

Trademark Publishing Journalism Copyright 59

Kluwer Copyright Blog

JANUARY 26, 2022

Besides, creators can benefit from smart contracts and determine that a certain percentage of the sales price goes to the original creator each time the work is resold. Blockchain-powered timestamps coupled with smart contracts could help address complex copyright and other IP-related problems (patents, trademarks, etc.)

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. That can’t possibly be right.

Licensing 87

Licensing Copyright Contracts Advertising 87