Above the Fold

JULY 3, 2023

Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act.

Social Media 52

Social Media Advertising Advertising Editing 52

The TTABlog

JANUARY 6, 2022

Applicant argued that BIO is conceptually weak for supplements, and the term HEALTH (by way of a dictionary definition) is merely descriptive of supplements and also conceptually weak."] In re Sunset Songs, LLC , Serial No. 90114652 (January 4, 2022) (Opinion by Judge Linda A. Kuczma)[not precedential].

Social Media 62

Social Media Advertising Advertising Music 62

43(B)log

APRIL 29, 2024

23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. Hetronic terminated its licensing and distribution agreements with Abitron, but Abitron continued to sell Hetronic-branded remotes without Hetronic’s authorization.

Advertising 59

Advertising Advertising Trademark Branding 59

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The court says there can’t be MULTIPLE instances of INITIAL interest confusion: By definition, initial interest confusion is “confusion that creates initial customer interest.” Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 79

Trademark Advertising Advertising False Advertising 79

43(B)log

MARCH 29, 2024

22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. The Stop & Shop Wipes, which vary in fragrance and style, are all marketed and sold with bold, prominent font labeling them as “flushable” on the front of the packaging.

Law 59

Law Advertising Advertising Branding 59

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

LexBlog IP

APRIL 10, 2023

Recently, the owner of a restaurant concept entered into what it thought was a routine trademark license agreement with a licensee to operate a “Rooh” branded Indian restaurant in Chicago. Specifically, it noted that “other franchise related claims all use similar definitions of what constitutes a franchise.”

Licensing 52

Licensing Trademark Business Advertising 52

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”.

Branding 77

Branding Brands Branding Trademark 77

IP Tech Blog

APRIL 17, 2023

This will enhance the chances of a brand to obtain a certain degree of well-known status recognition. The definition of the boundaries between concepts like “well-known,” “certain,” and “high reputation” are important. For example, by “geographical scope” of the advertising it is not meant worldwide but, rather, China-wide.

Trademark Law 57

Trademark Law Trademark Law Branding 57

LexBlog IP

APRIL 17, 2023

This will enhance the chances of a brand to obtain a certain degree of well-known status recognition. The definition of the boundaries between concepts like “well-known,” “certain,” and “high reputation” are important. The same applies to the definition of relevant public.

Trademark Law 52

Trademark Law Trademark Law Branding 52

IP and Legal Filings

NOVEMBER 23, 2023

Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999.

Intellectual Property 95

Intellectual Property Privacy Branding Brands 95

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”). Ad tech helps advertisers do exactly that.

Advertising 52

Advertising Advertising Branding Brands 52

Technology & Marketing Law Blog

DECEMBER 30, 2023

This appears to be a SAD Scheme case involving Squishmallows, a stuffed animals brand. The brand owner, Kelly Toys, sued 90 e-commerce merchants in a sealed complaint and got a TRO. Definitely no motion to dismiss; and now the rightsowner gets the chance to hunt in discovery for smoking guns. This is an unusual move.

Branding 72

Branding Brands Branding Business 72

Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses.

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses.

Social Media 52

Social Media Branding Brands Branding 52

Traverse Legal Blog

FEBRUARY 18, 2021

This consumer class action concerns deceptive and unfair business practices by Total Life Changes in the advertisement and sale of its raspberry-flavored Iaso® Instant Tea (its “Raspberry Tea”). Total Life Changes’ tea products are branded through national marketing and advertising campaigns.

Advertising 84

Advertising Advertising Business Branding 84

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” The court also found “Ms.

Social Media 98

Social Media Ownership Branding Brands 98

IP and Legal Filings

SEPTEMBER 8, 2023

As per the Trademarks Act 1999 , the definition of trademark explicitly conveys that only the graphical representation of the marks and the element of in comparability i.e After undergoing through all these processes one can generate their product in the market.

Trademark 52

Trademark Registration Marketing Marketing 52

LexBlog IP

SEPTEMBER 14, 2022

Securities and Exchange Commission Allison Herren Lee observed that “climate risks and sustainability are critical issues for the investing public and our capital markets.” In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims. sustainable). million in penalties.

Marketing 52

Marketing Marketing Advertising Advertising 52

TorrentFreak

MARCH 10, 2022

Indeed, we report way more than they do but according to van Voorn, the North American market is being hit hard. Possibly as a result, mid-2020 Watchsomuch was advertising on Twitter that its.org domain wasn’t the only option for accessing the platform. From: TF , for the latest news on copyright battles, piracy and more.

Cease and Desist 93

Cease and Desist Reporting Advertising Advertising 93

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . The Rift Over Web3. What is web3, anyway?

Ownership 115

Ownership IP Non-Fungible Tokens Technology 115

TorrentFreak

DECEMBER 31, 2023

As is often the case, others have tried to hijack or take over the RARBG brand in the months that followed, but none come close to the original. While watching pirate IPTV streams in the UK is definitely unauthorized, the suggestion that offenders will be prosecuted and jailed en masse , is a bit much. Police car stream trackers?

Copyright 107

Copyright Reporting Branding Brands 107

43(B)log

FEBRUARY 28, 2022

24, 2022) Plaintiffs brought the usual California claims in this putative class action challenging use of the term “Health-Ade” to market kombucha-inspired beverages, including Health-Ade Kombucha, Health-Ade Plus, Health-Ade Booch Pop, Health-Ade pop, and Health-Ade Mixers. The dictionary definitions did not dispel that.

Marketing 59

Marketing Marketing Law Branding 59

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. The definition clause under Sec. For instance, in Titan Industries Ltd.

Branding 98

Branding Brands Branding Personality Rights 98

43(B)log

FEBRUARY 18, 2022

Definition should be broader than sale/transportation of goods in commerce. Company claimed to revive an abandoned mark, which allowed them to use marketing materials from the original company and used the original model numbers: leads to a lot of deception. A: False advertising context: FTC/state AGs. A: not opposed to AGs!

Trademark 59

Trademark False Advertising Fair Use Branding 59

43(B)log

SEPTEMBER 8, 2021

22, 2021) The parties compete in the market for nutritional supplements. Likewise, there was evidence that other companies in the nutritional supplement market use “organic protein” generically in connection with their products. True, “generic” and “descriptive” are separate legal definitions along the distinctiveness spectrum.

Copying 83

Copying Marketing Marketing Social Media 83

IP and Legal Filings

JULY 5, 2023

A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market. Examples of service categorization classes include: Advertisement, business administration, business management, and office functions are all part of Class 35. Avoid well-known brands.

Trademark 59

Trademark Registration Branding Brands 59

IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

The IPKat

NOVEMBER 28, 2022

Amongst all of the issues, the one that drew the most attention would definitely be the launch of the $8-a-month verification service in selected countries such as the US, the UK, Canada, and Australia. This has led to an explosion of fake accounts claiming to be famous celebrities, politicians, and brand owners.

Social Media 74

Social Media Branding Brands Branding 74

JIPL Online

APRIL 9, 2021

Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP and Legal Filings

AUGUST 29, 2023

But linguistic wordsare often very common and if used exclusively, will be incapable of distinguishing a particular brand from another, in addition tobeing hit by the provision of Section 9(1)(b) of Trade Marks Act, 1999. showed that the term had acquired distinctiveness through its consistent use in the market for shaving products.

Trademark 85

Trademark Trademark Law Law Advertising 85

43(B)log

AUGUST 3, 2023

So too w/false advertising. Advertising: false endorsement potential. Assumptions skipped over in TM/false advertising analysis.] Protecting brand investment and consumers? That’s where disclosure rules need the most attention: definition and relation to what courts are going to do with the registration.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Brands can choose to “gate” on Amazon with authorization letters, but how does the consumer know the seller will stick to selling genuine goods?

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

JUNE 20, 2023

I teach that false advertising is probabilistic: if a representation is likely to deceive a substantial number of reasonable consumers, it is deceptive, even if not everyone is misled—but that conclusion is most reliable for competitor-plaintiffs, as this case shows. Anyway, the front label here was ambiguous, not misleading.

False Advertising 59

False Advertising Marketing Marketing Advertising 59

SpicyIP

MAY 18, 2022

Though it is not easy to find a comprehensive list of all such trademarks in India (the website of the Indian TMR is so yesterday), recently advertised trademarks throw light on such activity. The definition of these terms is unclear. If not for these efforts, the virtual goods market has the potential to be very competitive.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. But back here, other than high-level, broad definitions that could theoretically deem advertising itself a dark pattern, there has been a lack of clarity on the issue.

Reporting 52

Reporting Privacy Advertising Advertising 52

IP Intelligence

MAY 11, 2021

In Perry , the plaintiff produced 60 bottles of his mayonnaise/ketchup and mustard/ketchup concoctions branded METCHUP. One fan proposed METCHUP, and Heinz posted a mockup of a bottle branded so on its website. Statutory definitions of ‘abandonment’ and ‘use in commerce’. Census Bureau, had a population of 8,679 in 2010).

Trademark 52

Trademark Registration Branding Brands 52