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

IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

Fair Use 87

Fair Use Advertising Advertising Branding 87

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 Tech Blog

NOVEMBER 28, 2022

Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report , published in March 2021 by another regulator, the Advertising Standards Authority (ASA), which found that a staggering 65% of the advertisements it monitored in September 2020 were not properly disclosed as ‘paid for’ content. Content creators.

Branding 52

Branding Brands Branding Social Media 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. This ruling serves as a reminder to CBD brands and advertisers about the importance of their disclosure obligations (i.e.

Social Media 57

Social Media Advertising Advertising Branding 57

LexBlog IP

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 52

Advertising Advertising Blogging Branding 52

Technology & Marketing Law Blog

DECEMBER 10, 2023

The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. This argument has failed so many times. Google opinion.

False Advertising 63

False Advertising Advertising Advertising Marketing 63

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

NOVEMBER 28, 2022

Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report , published in March 2021 by another regulator, the Advertising Standards Authority (ASA), which found that a staggering 65% of the advertisements it monitored in September 2020 were not properly disclosed as ‘paid for’ content.

Branding 52

Branding Brands Branding Social Media 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.

Branding 52

Branding Brands Branding Trademark 52

Managing IP

DECEMBER 21, 2022

As advertising increasingly shifts to social media, Ranjan Narula and Padmini Paonam of RNA Technology and IP Attorneys explain how to safeguard a brand’s reputation despite the risks presented by the use of influencers.

Social Media 52

Social Media Branding Brands Branding 52

IP Law 360

OCTOBER 28, 2022

An intellectual property partner who used to co-lead the technology and brand protection practice at Crowell & Moring LLP has been picked to head Katten Muchin Rosenman's expanding advertising practice.

Intellectual Property 98

Intellectual Property Advertising Advertising IP 98

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

The IPKat

MAY 26, 2024

Opportunities The University of Edinburgh is seeking to hire a Lecturer in Global Law and Digital Technology. Candidates with expertise in law and digital technologies are welcome to apply until May 29. GikII, an annual conference on law, technology and pop culture, has launched the call for papers for its 2024 edition.

Advertising 62

Advertising Advertising Technology Editing 62

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

Intepat

MAY 28, 2024

Apple could argue transborder reputation, asserting that its brand’s recognition and reputation extend beyond national borders. Inherent Distinctiveness: The Apple logo and brand name are inherently distinctive due to their unique design and association with the company’s products, such as iPhones, iPads, MacBooks, etc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

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

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. The court rejected Axon’s argument that LHB could have identified its products by calling them CEWs; they were Taser brand products. The context of the use also mattered.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

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. This ruling serves as a reminder to CBD brands and advertisers about the importance of their disclosure obligations (i.e.

Social Media 52

Social Media Advertising Advertising Branding 52

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.

Branding 57

Branding Brands Branding Fair Use 57

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.

Social Media 52

Social Media Advertising Advertising Branding 52

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.

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False Advertising Invention Advertising Advertising 102

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. eBay and Sellify v.

Trademark 92

Trademark False Advertising Advertising Advertising 92

IP Tech Blog

FEBRUARY 2, 2022

Brands and agencies are responsible for ensuring that influencer behaviour on social media complies with ad disclosure rule. The Advertising Standards Authority ( ASA ) has introduced a novel approach to sanctioning influencers who consistently fail to disclose ads on their Instagram accounts.

Social Media 57

Social Media Advertising Advertising Branding 57

IP Tech Blog

FEBRUARY 26, 2024

The UK’s Advertising Standards Authority ( ASA ) has banned two ads for breach of the rule prohibiting the use of gender stereotypes in advertising, which was introduced in 2019. Calvin Klein and GIRLvsCANCER ads banned in the UK appeared first on Global IP & Technology Law Blog.

Advertising 62

Advertising Advertising Social Media Branding 62

Selvam & Selvam Blog

MAY 28, 2024

It is not really surprising that with the rapid development of technology, its adverse effects are also increasing every day. In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology. Let’s have a look.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

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. Top Advertising Agencies.

Graphic Design 52

Graphic Design Designs Design Web Design 52

IP Tech Blog

FEBRUARY 1, 2023

The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 48

Advertising Advertising Branding Brands 48

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.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 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.

Advertising 83

Advertising Advertising False Advertising Trademark 83

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.

IP 127

IP Advertising Advertising Trademark Law 127

SpicyIP

MARCH 8, 2023

The court, however, had a differing view and has clarified that there is no disparagement on grounds of lack of comparative advertisement and permissibility of such disclaimers under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘IT Rules, 2021’).

Advertising 104

Advertising Advertising Trademark Intellectual Property Law 104

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? Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 79

Trademark Advertising Advertising False Advertising 79

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.

Social Media 52

Social Media Trademark Advertising Advertising 52

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”).

Advertising 52

Advertising Advertising Branding Brands 52

LexBlog IP

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.’” .” “Neither of these prongs is easy [for a plaintiff] to meet.”

Branding 52

Branding Brands Branding Fair Use 52

azrights

JUNE 19, 2023

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! It’s the same reason why the branding industry gets away with delivering a poor service to clients. It impacts business design and branding.

Branding 52

Branding Brands Branding Business 52