Traverse Legal Blog

MARCH 3, 2021

There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands. We represent agencies, marketing agencies trying to line up influencer campaigns for their clients, for brands.

Marketing 81

Marketing Marketing Brands Branding 81

43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. And defendants’ dolls were “virtually identical” in shape to Roblox’s avatars.

Copying 94

Copying False Advertising Social Media Advertising 94

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 128

Advertising Advertising Copying Trademark 128

TorrentFreak

MAY 17, 2022

Long before the advent of legitimate online video streaming services, torrent sites and similar platforms allowed users to download and keep copies of movies and TV shows. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Subscriber Agreements.

Copying 113

Copying Social Media Licensing Technology 113

43(B)log

APRIL 29, 2024

Thingiverse cube Kitchen Cube made and sold copies of the Cube. It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. Defendant no. Vini Cosmetics Pvt.

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 52

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

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. In addition to copyright infringement, Atari brought claims for business disparagement, false information and advertising, unfair competition, and unjust enrichment.

Fair Use 102

Fair Use Copyright Artwork Social Media 102

43(B)log

APRIL 25, 2023

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. There was no special verdict form.

False Advertising 59

False Advertising Advertising Advertising Law 59

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 62

False Advertising Advertising Advertising Marketing 62

azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with.

Branding 52

Branding Brands Branding Copying 52

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 97

Advertising Advertising Brands Branding 97

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

FEBRUARY 21, 2024

Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” Peloton’s core brand is Peloton. Downloads declined after a 2015 peak.

Marketing 59

Marketing Marketing Trademark Registration 59

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone.

Trademark 101

Trademark Advertising Advertising Brands 101

Erik K Pelton

NOVEMBER 3, 2020

The following is an excerpt from my book, Building a Bold Brand. Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! Small businesses are just as capable of creating and building great brands as big businesses are. a great trademark: Marketing department.

Business 130

Business Trademark Cease and Desist Brands 130

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 143

Advertising Advertising Brands Branding 143

43(B)log

AUGUST 22, 2022

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” Not all marketing of artistic works is noncommercial speech. The California Supreme Court reversed.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

azrights

JUNE 19, 2023

Unless a business has intellectual property protecting its innovation, such as a trademark, patent, copyright, design, or trade secret, competitors are free to copy its differentiation strategy immediately. The brand name is a prime way to protect innovations. So, consumers had to be educated to understand what they were.

Branding 52

Branding Brands Branding IP 52

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. Competitors Copying Your Colour. Staples, Office Depot and Office World were the 3 brands left standing in their category.

Trademark 52

Trademark Brands Branding Branding 52

IP and Legal Filings

OCTOBER 23, 2024

A brand’s name, particularly when it takes the shape of a trademark, can define its identity, reputation, and value, making it an asset that is valuable to safeguard. Trademarks are unique “marks”, names, symbols, signs, words or phrases that define a brand or company’s products or services.

Trademark 62

Trademark Registration Branding Brands 62

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

Branding 59

Branding Brands Branding False Advertising 59

TorrentFreak

NOVEMBER 30, 2022

By recording the latest movies directly from the silver screen using concealed devices, ‘cammers’ fuel the illicit piracy market that thrives during the first few days of a film’s initial release. TGx is an open platform with an active and lively community, a relative rarity in today’s streaming-dominated market.

Cinema 121

Cinema Intellectual Property Copying Government 121

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 IP 52

The IP Law Blog

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category.

Copying 98

Copying Marketing Marketing Advertising 98

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.

Trademark 77

Trademark Advertising Advertising False Advertising 77

43(B)log

SEPTEMBER 30, 2021

26, 2021) The parties compete to sell novelty consumer goods; defendant allegedly copied plaintiff’s business model including its product launches, providing its affiliates with Strong Current’s “marketing methods and materials, which include, among other things, product depictions and graphics.”

False Advertising 56

False Advertising Advertising Advertising Marketing 56

TorrentFreak

DECEMBER 2, 2021

In pirate streaming, in part due to the way sites tend to copy each other’s branding, obvious long-standing players are less easy to identify. Defendants use the Copyrighted Works as the bait to lure the largest possible audience, so that Defendants will profit from advertisements shown to their users.

Advertising 123

Advertising Advertising Copying Copyright Infringement 123

TorrentFreak

NOVEMBER 1, 2021

The group offered hardware and software solutions that allowed people to install and play unofficial games and pirated copies on various consoles, including the popular Nintendo Switch. Among other things, he allegedly advertised and trafficked circumvention devices, while maintaining regular contact with resellers throughout the world.

Government 135

Government Advertising Advertising Copying 135

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

LexBlog IP

FEBRUARY 26, 2024

Fashion Week season is the chance for fashion brands to show their flair and dynamism by launching new creations, ready to be devoured by buyers, influencers, journalists, consumers, and unfortunately, also by competitors. Unfair competition may protect your fashion items against copying in two scenarios.

IP 52

IP Design Designs Copying 52

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. So, did Industria satisfy Lexmark ? But the third statement was literally false.

False Advertising 59

False Advertising Advertising Advertising Registration 59

TorrentFreak

SEPTEMBER 28, 2021

Several of these also appear on the USTR’s annual list of notorious foreign markets. These films eventually end up online, often with branding from gambling companies, who appear to see these releases as a great advertising venue. The group provides several examples of sites that allegedly operate from Russia.

Copyright 139

Copyright Advertising Advertising Copying 139

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

TorrentFreak

NOVEMBER 24, 2022

All of these sites have long since disappeared, but interestingly their brands live on. It’s perhaps fitting that sites that relied heavily on copying are being copied themselves; the original operators can hardly complain about that. Government’s notorious markets report. Not just once but two years in a row.

Advertising 95

Advertising Advertising Copying Registration 95

IIPRD

NOVEMBER 22, 2023

They by using social sites such as Instagram, Facebook, YouTube, Twitter, Snapchat , and many other,create ad revenue, brand endorsement prospects, as well as other income sources. Influencing others via social media is one of the most influential and efficient method of marketing and they get good pay out from it.

Social Media 59

Social Media IP Intellectual Property Copying 59