article thumbnail

Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim

43(B)log

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: Only ok against Kitchen Cube.

article thumbnail

Advertising Regulatory Board NPC & others v Bliss Brands (Pty) Ltd: Advertising regulatory code's constitutional dimensions clarified

The IPKat

Earlier in April, the Supreme Court of Appeal of South Africa (SCA) ruled on the appeal brought by the Advertising Regulatory Board (ARB) against the decision of the High Court (discussed on the IPKat here ), which held inter alia that the certain provisions of the ARB’s Code of Advertising Practice (the “Code”) were unconstitutional.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Alternatives To IP Litigation That Can Work For Brand Owners

IP Law 360

Intellectual property owners who can't justify the cost of trademark, copyright or advertising litigation in the current uncertain economic climate should consider less expensive brand-protection options, such as the Digital Millennium Copyright Act's uniform takedown procedure for online copyright infringement, says Michael Justus at Katten.

article thumbnail

Lower Price Alternative? Comparative Advertising and Trademark Infringement

IPilogue

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”).

article thumbnail

Thousands of Pirate Sites are Listed on WIPO’s Advertising Blacklist

TorrentFreak

This is why the advertising industry is seen as an ally in the fight against piracy. In the UK , hundreds of advertising agencies began banning pirate sites, and the European Union chimed in as well. What we do know is that earlier this year, there were 5,800 domain names reported as “copyright infringing” sites.

article thumbnail

Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & others: Advertising regulatory code under constitutional scrutiny

The IPKat

Late in May, a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws. you are not one of us! [An

article thumbnail

Filmmakers Sue VPN for Promoting Piracy & Advertising on YTS

TorrentFreak

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. Soon after, VeePN started to promote itself in relation to the Popcorn Time brand, the lawsuit alleges. Last year, VPN.ht