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.

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Trademark Advertising Advertising False Advertising 74

Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Perfect Body Image. * The Florida Bar Regulates, But Doesn’t Ban, Competitive Keyword Ads. * Rounding Up Three Recent Keyword Advertising Cases–Comphy v.

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Advertising Advertising Settlement Trademark 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to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). More Posts About Keyword Advertising. Distraction is insufficient. OK, I guess.

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Advertising Advertising Trademark Settlement 105

Intepat

MAY 24, 2023

Following are the types of Assignments: Assignment of Patents Assignment of Trademarks Assignment of Designs Assignment of Copyrights Assignment of confidential know-how Assignment of Geographical Indications Sometimes, a certain level of ambiguity arises between the concepts of licensing and assignment.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

TorrentFreak

DECEMBER 26, 2022

Five years ago , several of the world’s largest entertainment industry companies teamed up to create a brand new anti-piracy coalition. Confidential agreements with domain registrars and registries, for example, help to efficiently take down domain names. This has been a key driver of many recent successes. all over the globe. .

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Cease and Desist Government Confidentiality Settlement 129

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. ” The IWL is Considered Secret, Police Refuse to Comment.

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Advertising Advertising Reporting Intellectual Property 70

LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. As the U.S. Copyright Office. A patent protects an invention.

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Technology & Marketing Law Blog

OCTOBER 9, 2024

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. The message from the Second Circuit is plain: stop bringing competitive keyword advertising cases. This ruling doesn’t address the scenario where the advertiser’s ad copy references the trademark.

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Advertising Advertising Trademark False Advertising 82

43(B)log

FEBRUARY 15, 2022

Boost alleged that Woo engaged in a scheme to gain access to Boost’s confidential information and thereby replicate its beauty product. Plaintiff’s and defendant’s principals were roommates, which allegedly gave defendants the opportunity to copy despite an oral confidentiality agreement, on which the court denied summary judgment.

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Registering Trademarks Confidentiality Trademark Advertising 72

LexBlog IP

AUGUST 12, 2022

Because of the strict confidentiality rules at the National Advertising Division (NAD ) during the pendency of a challenge, occasionally there can be overlapping challenges against one company by two different competitors, and typically the challenges have at least some different issues raised, so the NAD considers both. .

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Confidentiality Advertising Advertising Branding 52

43(B)log

APRIL 25, 2023

Purlife Brands, Inc., 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Smarty Pear allegedly used confidential information to inject the market with a new—and virtually identical—automated litter box: the Leo’s Loo.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Dragons' Den

FEBRUARY 16, 2023

Inventions concerning ways of ‘doing business’ are excluded from patent protection under the Act, so it may not be possible to patent an algorithm if it only creates marketing or advertising materials. However, there are many other forms of IP protection from which Alex and others might benefit.

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Design Designs Music Invention 52

43(B)log

SEPTEMBER 7, 2021

and [the] Coach” brand. accused product another another The subsequent stipulation to a permanent injunction did not cover the registrations, but there is apparently a confidential settlement agreement that may have covered them. Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

SpicyIP

NOVEMBER 8, 2023

Xiaomi highlighting how the common practice of courts granting confidentiality in commercial litigation problematizes transparency, judicial accountability, and the citizens’ right to be informed of court processes and reasoning under Article 19(1)(a). Only then does Google need to take action against the advertisement and not otherwise.

Trademark 59

Trademark Publishing Journalism Copyright 59

TorrentFreak

MARCH 11, 2024

At the time, ANCINE was clear that the deal meant it would gain access to automated systems that would allow it to “monitor irregularities” related to online advertising in connection with piracy-related products. The agreement was considered confidential and that ran counter to a requirement for transparency.

Cinema 87

Cinema Reporting Copyright Government 87

Trading Secrets

APRIL 20, 2022

Matlock alleges that he was approached by Eastern Standard in 2021 to explore expanding its existing pretzel line with Liege waffles, and the two companies began exploring co-branding opportunities. Matlock personally prepared the waffles using his confidential recipe, which were later delivered to Oprah by Eastern Standard.

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Confidentiality Branding Brands Branding 122

43(B)log

OCTOBER 16, 2024

Amazon and plaintiffs proposed adding identifiers for three specific models of Rofeer-branded breathalyzers, not just one model. But how can the Court permanently enjoin the sales of three specific products, when there is only an allegation or evidence supporting at most one product being falsely advertised?

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False Advertising Marketing Marketing Advertising 59

Technology & Marketing Law Blog

OCTOBER 23, 2024

This is a major ruling validating the legitimacy of competitive keyword advertising, which occurs when an advertiser purchases and displays ads triggered in response to third-party trademarks. Recently, the “ Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising.” ” (OUCH).

Trademark 82

Trademark Advertising Advertising False Advertising 82

LexBlog IP

DECEMBER 28, 2021

If you are an organization that handles customer information, it is essential that you have a comprehensive understanding of data privacy to avoid costly consequences and damages to brand reputation. How Do State-specific data privacy regulations affect businesses?

Privacy 52

Privacy Government Intellectual Property Business 52

TorrentFreak

JULY 14, 2024

At a time when many pirate sites seem increasingly elusive, oftentimes almost transient as domains, identities, and branding, come and go, static enforcement targets are in limited supply. ’ advertising campaign, it has intentionally chosen not to listen to complaints from copyright owners.

Copyright Infringement 124

Copyright Infringement Music Copyright Copyright Notice 124

SpicyIP

APRIL 17, 2023

The court held that since it does not have the statistical data regarding market presence of other pharmaceutical compounds, the brand names that ends with “Dex” and when one removes from the cited examples the products containing dexamethasone and dextromethorphan, the remaining examples cannot make out a case u/s 17(2).

Advertising 90

Advertising Advertising Confidentiality Trademark 90

Trading Secrets

MARCH 22, 2022

As part of Hayley Paige’s responsibilities for JLM, she was tasked with growing the “Hayley Paige” brand for the company, including “assisting with advertising programs.” While the contract was originally to run through 2016, the parties extended the agreement through August 1, 2022. See, e.g. , BDO Seidman v. Hirshberg , 93 N.Y.2d

Social Media 59

Social Media Contracts Confidentiality Business 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising. Coinciding with this announcement, FDA issued draft guidance titled “ Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products Questions and Answers.”

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

DECEMBER 24, 2023

on December 20, 2023(Delhi High Court) Image from here The Plaintiff owned 5 Standard Essential Patents (SEPs) relating to wireless communication technology which the Defendants were allegedly using in their mobile phones being sold under the brand name of OnePlus without the license to do so. . & Ors. Pharmacyclics LLC & Anr.

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Registration Trademark Copyright Registering Trademarks 52

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. The rejection order is authored by Dr. Latika Dawara, Asst. Makemytrip (India) Pvt.

IP 109

IP Copyright Trademark Intellectual Property 109

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Branded Semglee ® : 5% off WAC of Lantus ® , with high rebates. Citing this joint statement in a July 2021 press release , FDA announced that it had issued an untitled letter to Amgen citing issues with a banner advertisement of its biological product, Neulasta ® (pegfilgrastim). Semglee ® (Mylan (Viatris) / Biocon). July 28, 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

JANUARY 26, 2024

Restrictions on advertising vegan products as meat survives First Amendment challenge because the court accepts the state’s interpretation that it only applies to “misleading” marketing, which the court says is outside the First Amendment. Strain, No. 22-30236 (5th Cir. In re Arthur J. Houston v.

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Social Media Privacy Advertising Advertising 68