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.

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Marketing Marketing Contracts Branding 52

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. W-22-CV-00776-ADA-DTG, No. W-22-CV-00777-ADA-DTG (W.D. 1, 2017 to Apr.

False Advertising 59

False Advertising Advertising Advertising Patent 59

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.

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Fair Use Advertising Advertising Branding 105

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

LexBlog IP

MAY 5, 2023

Heard of the climate activists defacing advertisements, billboards and bus shelters? Brandalism is a recent anti-advertising movement which uses a brand’s own assets and marketing channels against the brand itself, through replacing legitimate advertisements with spoofs and parodies (known as “subvertising”).

Branding 52

Branding Brands Branding Advertising 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.

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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.

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Advertising Advertising Blogging Branding 57

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.

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Advertising Advertising Reporting Privacy 52

43(B)log

APRIL 25, 2023

Republic Technologies (NA), LLC v. A jury found that defendant HBI engaged in unfair competition and violated the Illinois Uniform Deceptive Trade Practices Act (IUDTPA” in its packaging and promotional activities for its RAW Organic Hemp branded tobacco rolling paper products. BBK Tobacco & Foods, LLP, 2023 WL 3004625, No.

False Advertising 59

False Advertising Advertising Advertising Law 59

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

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Trademark Social Media Advertising Advertising 86

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

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.

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Branding Brands Branding Trademark 52

Technology & Marketing Law Blog

MARCH 6, 2023

He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe named Confidence Empire (maybe this one ?). YouTube appeared first on Technology & Marketing Law Blog. Leonel Lops claims a trademark in the term “Confidence Empire” for shoes.

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Trademark False Advertising Advertising Advertising 91

TorrentFreak

OCTOBER 26, 2022

Earlier this month, the RIAA shared its recommendations for the USTR’s annual review of overseas notorious markets. The RIAA also carved out a brand new category this year, labeled AI Based Extractors/Mixers. These technologies don’t have to be problematic, as long as all permissions are in order. Operator Responds.

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Music Copyright Infringement Copyright Branding 132

Corsearch

APRIL 19, 2023

With Gen Z ambivalent on the cost of counterfeiting to legitimate brands – and often actively seeking fakes out – how can brands educate consumers about their societal harms? Typically defined as people born between 1997 and 2012, Gen Z are seen by many brands as the number one audience to connect with online.

Branding 40

Branding Brands Branding Social Media 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? However, the results are consistent with each other.

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Trademark Advertising Advertising False Advertising 78

Art Law Journal

DECEMBER 29, 2021

An ad agency is focused on marketing, advertising services, and strategies — and often works with specialist partners to build technology or other complex designs. Advertising agencies may or may not have a design or digital team in-house and often hire freelancers and collaborate with design agencies. AD AGENCIES.

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Graphic Design Designs Design Web Design 52

IIPRD

JANUARY 6, 2023

The evolution and development of trademark law protect the right of manufacturers or sellers but the advancement of technology and the emergence of social media has bound lawmakers and interpreters to make a continuous intervention and take a comprehensive vigil over the various new issues related to trademark infringement. Brand Protection.

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Social Media Trademark Advertising Advertising 52

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.

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Advertising Advertising Trademark Settlement 105

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.

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Advertising Advertising False Advertising Trademark 82

Technology & Marketing Law Blog

FEBRUARY 16, 2022

The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive. More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. However, Edible invoked theft law and disavowed consumer confusion.

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IP Advertising Advertising Trademark Law 127

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

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.

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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.

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Advertising Advertising Settlement Trademark 106

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!

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Branding Brands Branding Business 52

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.

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Advertising Advertising Law Marketing 102

Olartemoure Blog

SEPTEMBER 23, 2022

Science, Technology, and Innovation projects in the Bioeconomy sector can now access differentiated lines of credit through BANCOLDEX. Finance for these projects includes costs associated with managing intellectual property and/or creating technology-based companies (Startups – Spin-offs) resulting from their execution.

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Intellectual Property Advertising Advertising Designs 105

IP Tech Blog

FEBRUARY 13, 2023

In the first few months of 2023, the UK Regulator – the Competition and Markets Authority (“ CMA ”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“ FMCG ”). Advertisers are reminded to not mislead consumers by omitting material information.

Business 57

Business Advertising Advertising Blogging 57

IP Tech Blog

FEBRUARY 8, 2022

Following the Competition and Markets Authority’s (“ CMA “) publication of the Green Claims Code (as discussed in our earlier blog ), the UK regulator is now moving forward with its greenwashing investigation , currently focusing on the fashion industry, with additional industries expected to be reviewed in future. Further Thoughts.

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Advertising Advertising Marketing Marketing 70

Traverse Legal Blog

APRIL 2, 2023

The influencing game of brand endorsements is one of many examples where technology goes faster than the government’s ability to regulate and enforce. Brands are more likely to require disclosures in their influencing and endorsement contracts. Material Connection Disclosures Remain Central To Compliance.

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Social Media Advertising Advertising Branding 52

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. Uber Technologies, the one you know about, was incorporated in 2010. describes its business as including graphic design like logos, stationery and brochures; promotional events and mailings; and consumer-oriented campaigns, like magazine advertisements.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

IP Tech Blog

OCTOBER 20, 2021

Prize draws and promotions are a popular choice for brands to engage with its consumers, particularly through online social media platforms. As discussed in a previous blog post, the UK’s Advertising Standards Authority (ASA) has emphasised that prize draws must comply with provisions of its CAP Code.

Advertising 57

Advertising Advertising Social Media Branding 57

Corsearch

NOVEMBER 23, 2023

Popular trends in fashion, pharmaceuticals and health, technology, entertainment, and society are often drivers in the words found in trademark registrations. The name space is crowded, and bringing a new name to market has become a difficult endeavor. focus on products in the pharmaceutical, health, wellness, and cosmetics sectors.

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Trademark Registration Branding Brands 59

IP and Legal Filings

SEPTEMBER 14, 2023

This has led to consumers opting for brands that pledge their duty to contributing towards environmental protection by means of minimalism and sustainability. In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”.

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Branding Brands Branding Trademark 78

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.

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Trademark Advertising Advertising Settlement 80

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size.

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Law Branding Brands Branding 84

azrights

MARCH 18, 2022

Lawyers are a profession that are increasingly challenged to identify their distinctive skills and talents, and the capabilities they possess that cannot be readily replaced by advanced systems or by less costly workers supported by technology or standard processes. Technology will be the main driver of this change. The End of Lawyers?

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Branding Brands Branding Intellectual Property 52