43(B)log

OCTOBER 28, 2024

It didn’t get a chance to decide the false advertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which false advertising claims are subjected before reaching a jury; personally, I likely would have gone the other way. It was insufficient to provide: 1.

False Advertising 59

False Advertising Advertising Advertising Designs 59

McKinsey Operations

MAY 29, 2025

Commerce media networks are transforming digital advertising and changing how brand advertisers buy and optimize media. Our latest survey sheds light on the forces shaping the commerce media economy.

Advertising 96

Advertising Advertising Branding Branding 96

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.

Advertising 105

Advertising Advertising Branding Brands 105

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. Last year, VPN.ht

Advertising 142

Advertising Advertising Trademark Copying 142

IP and Legal Filings

MAY 12, 2025

It was a fight for Ratan Tata involving the brand Tata, which also became a precedent for individuals regarding how personal branding and legacy misuse can be protected. Rajat Srivastava, founder of Delhi Today Group, called the “Ratan Tata National Icon Award 2024.” associated with a quality of goods or services.

Trademark 92

Trademark Intellectual Property Branding Brands 92

Indiana Intellectual Property Law

NOVEMBER 22, 2024

According to the complaint, Atlas Van Lines was founded in 1948 and has become a globally recognized brand, with over 430 independent agencies and partners in 140 countries. They own trademarks related to “Atlas,” which have been heavily promoted through advertising, online presence, and community engagement.

Branding 52

Branding Brands Branding Trademark 52

IP and Legal Filings

MAY 17, 2023

Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between this and comparative advertising. To prevent legal disputes, caution must be exercised to differentiate between the two.

Advertising 101

Advertising Advertising Marketing Marketing 101

TorrentFreak

JANUARY 8, 2022

It found that the majority (76%) openly advertised their payment options with Visa, Mastercard and PayPal leading the way. Pirates Expolit Payment Processor Branding. PayPal is committed to finding a workable solution to combat piracy’s impact on the industry and on their brand. IPTV and Cryptocurrencies.

Branding 144

Branding Brands Branding Due Diligence 144

SpicyIP

SEPTEMBER 3, 2024

With this Louis Vuitton seems to have struck a jackpot as it managed to restrain Haute24 from selling its products in a copyright dispute over its advertisement material. Haute24 is an online e-commerce platform whose stated aim is to make luxury apparel from the US and Europe affordable for the Indian market (see here ).

Advertising 103

Advertising Advertising Copyright Branding 103

Kashishipr

JANUARY 19, 2022

The form of intangible property comprising of skillsets, know-how, business ideas, and strategies have helped in the development and generation of the transborder reputation of several brands. Noting the Difference between a Brand and a Trademark. A trademark can be inclusive of the brand name or something completely different as well.

Marketing 105

Marketing Marketing Trademark Branding 105

Corsearch

MARCH 19, 2025

With Gen Zs growing influence on global eCommerce, their attitudes toward counterfeiting present both a challenge and an opportunity for brands. In his previous role as Head of Digital IP Enforcement for Tommy Hilfiger , Alastair lead the global strategic operations for brand protection, encompassing both online and offline actions.

Branding 52

Branding Brands Branding Social Media 52

SpicyIP

AUGUST 2, 2024

Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? Moment marketing” refers to a strategy where brands can take advantage of ongoing events to gain relevance, and especially for some of the sheen of patriotic athletic victories to wear off on them.

Branding 105

Branding Brands Branding Personality Rights 105

SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it. Legal Position on Comparative Advertisement.

Fair Use 105

Fair Use Advertising Advertising Branding 105

43(B)log

JANUARY 20, 2025

3, 2024) Intuit, which makes TurboTax and has had some advertising troubles of its own (hey, check out the IRS Free File program , for taxpayers with AGI of $84,000 or less and with many fillable forms for those with more), sued HRB (Block) for its advertising of a competing tax product, and succeeded in part. HRB Tax Gp.,

False Advertising 52

False Advertising Advertising Advertising Branding 52

Plagiarism Today

AUGUST 12, 2021

3: Advertising Fuels $1.34 Billion Illegal Piracy Market, Report by Digital Citizens Alliance and White Bullet Finds. billion annually through advertising. billion annually through advertising. That money is divided between pirate websites, which bring in an estimated $1.08

Advertising 246

Advertising Advertising Reporting Licensing 246

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).

Advertising 68

Advertising Advertising Marketing Marketing 68

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. Consumers are more willing to try out new things if they are assured that the new product is comparable or superior to those made by well-known brands. Operations (“Constellation”).

Advertising 105

Advertising Advertising Trademark Branding 105

Intepat

FEBRUARY 3, 2025

” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. When we think about trademark disputes, we often imagine a small company trying to imitate a bigger, well-known brand. What Is Reverse Confusion Theory? trademark law.

Branding 59

Branding Brands Branding Trademark 59

TorrentFreak

JANUARY 8, 2025

The United States Trade Representative ( USTR ) published its annual Out-of-Cycle Review of Notorious Markets a few hours ago. This brand has been around for many years as new versions typically come online when others are taken offline. — A copy of the USTRs 2024 Review of Notorious Markets is available here (pdf).

Reporting 107

Reporting Marketing Marketing Social Media 107

The IPKat

JANUARY 27, 2025

It is a pro-brand judgment. While it is heartening to see a small, family-run brand beat the pantomime villain of rip-offs, this decision may have a broader impact. Aldis intention to mimic Thatchers brand and avoidance of spending money on advertising its own product appeared decisive.

Advertising 70

Advertising Advertising Branding Brands 70

Garrigues Blog

MAY 13, 2025

What elements should we have in terms of proving a brand’s reputation? Investment in marketing and advertising. Market research (although, in this case, it was not used). It is not enough to have a brand, but you have to know how to defend it. Absence of due cause. merchandising , video games, etc.)

Intellectual Property 89

Intellectual Property Trademark Marketing Marketing 89

SpicyIP

FEBRUARY 4, 2025

Mahindra, Tanishka Goswami analyzes the Court’s findings on the importance of house marks in infringement assessment, and the nature of the relevant market. Explaining the recent Delhi High Court decision in Gensol v. Tanishka is an advocate at the High Court of MP. Her previous posts can be found here. 3000 crores.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

43(B)log

DECEMBER 11, 2024

You will not be surprised to learn that it, too, markets itself by reference to the Lizzie Borden saga. A second sign advertises Miss Lizzies as The Most Haunted Coffee Shop in the World! Nor did it prohibit such businesses from marketing themselves by the use of Lizzie Bordens story. The core problem here was causation.

Registration 94

Registration Business Trademark Marketing 94

TorrentFreak

AUGUST 17, 2021

Most pirate sites and apps won’t survive without advertising revenue. This is why the advertising industry is seen as an important partner to combat piracy. The overall conclusion is that there’s still plenty of advertising revenue going around in pirate circles. Major Brands Fund Pirates.

Advertising 145

Advertising Advertising Branding Brands 145

IP and Legal Filings

SEPTEMBER 12, 2024

Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.

Branding 98

Branding Brands Branding Trademark 98

Garrigues Blog

JUNE 10, 2025

Influencers who promote low-cost products that try to resemble those of major luxury brands without mentioning the name of those brands or advertising agreements, are posing new legal challenges. It is the influencers who make these products go viral by presenting them as personal recommendations, without paid advertising.

Social Media 52

Social Media Advertising Advertising Branding 52

TorrentFreak

MAY 26, 2022

For many image conscious consumer-orientated businesses, a key to commercial success lies in carefully calibrated branding and marketing. Thousands of pirate sites rely on advertising to generate revenue but entertainment companies are keen to highlight the downsides of dealing with them. Other issues are even more tricky.

Advertising 141

Advertising Advertising Branding Brands 141

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products. While Ye’s company, Mascotte Holdings Inc.

Business 131

Business Contracts Branding Brands 131

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 95

False Advertising Advertising Advertising Marketing 95

Traverse Legal Blog

MARCH 26, 2025

This guide outlines exactly what you canand can’tsay, helping you build a secure and compliant brand. Lets break down whats at stake, what you can and cant say, and how to build a strategy that protects your content, brand, and bottom line. FTC marketing guidelines are available to help. Each has its own mandate.

Branding 52

Branding Brands Branding Marketing 52

Traverse Legal Blog

SEPTEMBER 27, 2024

Our technology and internet lawyers are constantly contacted by Amazon sellers trying to protect their brand names and products on the Amazon marketplace. One of the most common brand protection issues involves gray market sellers and counterfeits on Amazon. There’s both good news and bad news.

Branding 52

Branding Brands Branding Marketing 52

Intepat

MARCH 25, 2025

INTRODUCTION A distinct scent has immense recall value and the potential to become a powerful identifier of a brand. Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. billion in 2025.

Copying 59

Copying Branding Brands Branding 59

43(B)log

JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh 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. Price: $12 * Kindle. What Does the Book Cover?

Editing 52

Editing Advertising Advertising False Advertising 52

The IPKat

MARCH 24, 2025

Nevertheless, the Board highlighted that some of these materials could only serve as secondary evidence that can support the primary evidence, namely surveys, market studies, and statements from professional bodies or specialised public. This was mainly due to the very narrow scope of the primary evidence. Image credit: Imagen 3

Marketing 76

Marketing Marketing Registration Branding 76

IP and Legal Filings

AUGUST 28, 2023

The Reason Behind This Evolutionary Development Brand and companies have made it a trend to evolve from time to time creating variants over their original/ main or core mark. It strengthens brand awareness, builds a better rapport, and a more intimate Business-to-consumer relation which builds trust and faith in their product.

Branding 98

Branding Brands Branding Trademark 98

JD Supra Law

APRIL 12, 2022

College athletes now find themselves attractive candidates in the fast growing influencer marketing arena. Industry experts estimate that this market grew to a $13.8 billion industry in 2021, with NCAA athlete advertising alone predicted to grow to $1 billion a. By: Troutman Pepper

Branding 98

Branding Brands Branding Advertising 98

TorrentFreak

FEBRUARY 29, 2024

Keen to attract eyeballs wherever they might be, many of the world’s biggest brands exchanged cold hard cash for an appearance on prominent pirate portals. has performed well, on Wednesday it announced Project Brand Integrity 2.0. still aims to defund pirate sites and protect advertisers from undesirable associations.

Advertising 122

Advertising Advertising Branding Brands 122