azrights

MARCH 15, 2021

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

Branding 52

Branding Brands Branding Trademark 52

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. Instagram ultimately removed the posts.

Marketing 59

Marketing Marketing False Advertising Advertising 59

LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. From trademarks to copyrights, the NCAA is diligent in protecting its rights and the value of its brand.

Branding 40

Branding Brands Branding Cease and Desist 40

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? The informal battles total at least three times three.

Trademark 78

Trademark Advertising Advertising False Advertising 78

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Even though this is an obviously stupid legal theory that wasn’t worth anyone’s time or money, Edible turned to an Atlanta litigation boutique (shoutout to Bondurant Mixson & Elmore LLP!!!) More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. They could not.

IP 126

IP Advertising Advertising Trademark Law 126

azrights

JUNE 19, 2023

Last week I mentioned that Tesco lost the benefit of its million-pound marketing spend because it used the Clubcard name instead of a stronger name like Tescocard. Although Tesco received an inadequate service from its advertising agency, chances are that at the time, Tesco didn’t realise its agency had delivered a poor service!

Branding 52

Branding Brands Branding Business 52

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

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. For background on the legal battles over keyword advertising by lawyers, see this article. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

Advertising 81

Advertising Advertising False Advertising Trademark 81

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

False Advertising 45

False Advertising Advertising Advertising Patent 45

IP Tech Blog

NOVEMBER 30, 2022

Punchbowl argued, as a threshold matter, that the Rogers analysis had no application because First Amendment protections do “not extend to ‘the brand name of [a] commercial enterprise.’” The post Ninth Circuit: Commercial Brand Names Can Be Expressive Speech appeared first on Global IP & Technology Law Blog. 21-55881, in the U.S.

Branding 57

Branding Brands Branding Fair Use 57

Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. Labeled search results.

Advertising 105

Advertising Advertising Settlement Trademark 105

Technology & Marketing Law Blog

MAY 3, 2022

Facebook argued it wasn’t liable for the third-party ads because “it did not create or sponsor the advertisement; therefore, it was simply a mere conduit for its distribution.” In the publicity rights chapter from our advertising law casebook , defendants lose every case we cover. Statutory Liability. ” Ugh.

Advertising 102

Advertising Advertising Law Marketing 102

Technology & Marketing Law Blog

AUGUST 17, 2021

However, “[b]ecause meta tags direct internet traffic and are invisible to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). What are “marketing rights”??? Distraction is insufficient.

Advertising 105

Advertising Advertising Trademark Settlement 105

azrights

NOVEMBER 3, 2021

The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. Enforcement of your rights prevents market confusion. Staples, Office Depot and Office World were the 3 brands left standing in their category. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. Customers can simply differentiate between the brands they were looking for. Customers can identify the brand and its products by a glance.

Business 52

Business Trademark Registration Cease and Desist 52

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. Melwani sells products under the “Royal Silk” brand. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. It has never offered its services through Groupon.

Trademark 79

Trademark Advertising Advertising Settlement 79

43(B)log

JANUARY 19, 2024

It adopted the Rampart/Wurth branding in 2023. Plaintiff’s sponsorship of certain events and promotion of branded items does little on its own to counteract Defendant’s evidence of widespread usage of the key portion of Plaintiff’s mark.” Its website states: “Property Management is All We Do.”

Advertising 59

Advertising Advertising Branding Brands 59

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Hoffman and Victoria Weatherford presented on recent trends and predictions on state attorney general enforcement. The following summarizes our 10 key takeaways from 2021.

Social Media 52

Social Media Privacy Advertising Advertising 52

Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 98

Social Media Ownership Branding Brands 98

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. Its cancellation petition for Zenú has been suspended during this litigation.

False Advertising 59

False Advertising Advertising Advertising Registration 59

Technology & Marketing Law Blog

DECEMBER 30, 2023

This appears to be a SAD Scheme case involving Squishmallows, a stuffed animals brand. The brand owner, Kelly Toys, sued 90 e-commerce merchants in a sealed complaint and got a TRO. For unclear reasons, Kelly Toys expanded the litigation to add online marketplaces Alibaba and AliExpress as defendants. This is an unusual move.

Branding 71

Branding Brands Branding Business 71

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider. ” Publisher/Speaker Claims.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

LexBlog IP

SEPTEMBER 14, 2022

Securities and Exchange Commission Allison Herren Lee observed that “climate risks and sustainability are critical issues for the investing public and our capital markets.” There is a limited regulatory framework around green claims, making it prime for litigation. sustainable).

Marketing 52

Marketing Marketing Advertising Advertising 52

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

AUGUST 9, 2021

7, 2021) The underlying litigation involves class actions against coffee distributors, wholesalers, and retailers arising out of the allegedly misleading use of the name “Kona.” Travelers Indemnity Co. Luna Gourmet Coffee & Tea Co., 2021 WL 1293314, No. 19-cv-02039-RM-NYW (D. And it definitely didn’t disparage Kona consumers.

Advertising 59

Advertising Advertising Publishing Branding 59

Herbert Smith Freehills

DECEMBER 8, 2022

A reference by the Amsterdam District Court to the Court of Justice of the European Union (CJEU) seeking clarification on the status of MFNs in the context of Booking.com litigation should shed further light on the status of such clauses.

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

A reference by the Amsterdam District Court to the Court of Justice of the European Union (CJEU) seeking clarification on the status of MFNs in the context of Booking.com litigation should shed further light on the status of such clauses.

Social Media 52

Social Media Branding Brands Branding 52

IP and Legal Filings

SEPTEMBER 30, 2022

One of the first significant legal disputes in the virtual world was when Nike sued StockX in February, claiming that the sneaker resale marketplace had used Nike’s t rademarked logos and goods to enter the NFT market. NIKE’S CONTENTION: i. There is no indication of when, if ever, such a service will be available.

Trademark 52

Trademark Ownership Branding Brands 52

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. Their rights will be protected thanks to the metaverse brands’ trademarks. It might be more difficult than ever in the metaverse to police brands.

Trademark 80

Trademark Non-Fungible Tokens Branding Brands 80

43(B)log

FEBRUARY 28, 2022

Telebrands markets and sells “As Seen on TV” consumer household products via websites, phone numbers, and big box retailers. Telebrands made a pandemic-related effort to market and sell a hand sanitizer product, but retailers were historically reluctant to carry products associated with hemp, so it used “Healthvana” for its hand sanitizer.

False Advertising 64

False Advertising Marketing Marketing Branding 64

The IPKat

APRIL 13, 2023

Thirdly, the examiner considered that the sign should be analysed as an advertisement for television and that it would not identify company of origin of the products/services. Such an analogy with advertisements was also rejected. This has changed with the digital evolution.

Television 95

Television Advertising Advertising Registration 95

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. Litigation ensued. However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. is a Sunset brand filter.”

Designs 73

Designs Design Registration Trademark 73

43(B)log

AUGUST 20, 2021

In re KIND LLC “Healthy and All Natural” Litig., 24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” “Non-GMO,” and “No Genetically Engineered Ingredients”; KIND sought to exclude expert reports. . … 2021 WL 1132147, Nos.

False Advertising 45

False Advertising Advertising Advertising Litigation 45

Patently-O

JULY 17, 2022

And, for the most part, the content of the generic label is derived directly from the brand-patentee’s label. Once a brand drug is no longer patented, the fact that some of the drug’s uses remain patented “will not foreclose marketing a generic drug for other unpatented [uses].” Teva Pharms. 22-37 (2022). Caraco (2012).

Branding 58

Branding Brands Branding Marketing 58

The IPKat

SEPTEMBER 19, 2022

According to Wanjiru, Machakos University infringed her intellectual property rights, image rights, right to privacy and human dignity by using her photograph (taken by the university during Wanjiru’s graduation) in advertising and marketing of the computer packages courses it offers.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

IP Tech Blog

DECEMBER 20, 2023

The Patents-at-Issue in the Litigation This litigation involves three patents issued after the compound patents: US9,278,096 (“the ’096 patent”), US9,125,910 (“the ’910 patent”), and US9,101,626 (“the ’626 patent”). In this case, Defendants’ ANDAs will only become effective after the expiration of the compound patents. 271(e)(2)(A).

Patent 62

Patent Litigation Marketing Marketing 62

LexBlog IP

APRIL 19, 2023

Sellers need to be aware of competitor patents before introducing a product to the market. Before selecting a brand name or logo for a product, sellers need to conduct a search to ensure that another party is not already using the same or similar brand name or logo. An example is the shape of the classic Coca-Cola glass bottle.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52