Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. Customers can simply differentiate between the brands they were looking for. Customers can identify the brand and its products by a glance.

Business 52

Business Trademark Registration Cease and Desist 52

Technology & Marketing Law Blog

JANUARY 19, 2023

A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider. ” Publisher/Speaker Claims.

False Advertising 87

False Advertising Social Media Publishing Advertising 87

LexBlog IP

MARCH 1, 2022

Last month, as part of BakerHostetler’s “Look Back, Look Ahead: Advertising and Marketing Law in 2021 & 2022” webinar series, partners Craig A. Recent litigation initiated by Texas and other Republican-led AG offices includes challenges to vaccine mandates and litigation over the failure to build a wall along the U.S.

Social Media 52

Social Media Privacy Advertising Advertising 52

Herbert Smith Freehills

DECEMBER 8, 2022

A reference by the Amsterdam District Court to the Court of Justice of the European Union (CJEU) seeking clarification on the status of MFNs in the context of Booking.com litigation should shed further light on the status of such clauses. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

A reference by the Amsterdam District Court to the Court of Justice of the European Union (CJEU) seeking clarification on the status of MFNs in the context of Booking.com litigation should shed further light on the status of such clauses. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Trading Secrets

MARCH 22, 2022

But the real question to me as a litigator is whether this doctrine should become part of the tool bag going forward. 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.” Gutman , 24 F.4th 4th 785 (2d Cir.

Social Media 59

Social Media Contracts Confidentiality Business 59

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Court can’t seem to figure out how to handle that duality between pure information and brand value.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

AUGUST 17, 2021

Facts in the light most favorable to the plaintiffs: Each of the plaintiffs has a significant number of followers on various social media platforms, ranging from greater than ten thousand to several million, and most are “considered social media influencers.” The court was guided by Electra v. 59 Murray Enterprises, Inc.,

Social Media 59

Social Media False Advertising Advertising Advertising 59

IP and Legal Filings

SEPTEMBER 30, 2022

In addition to supporting gaming and social media, the Metaverse combines sectors of the economy, digital identity, decentralized democratic accountability, and other applications. Avoid brand confusion between Nike and other competitors: Nike plans to merge blockchain technology and streetwear culture and fashion.

Trademark 52

Trademark Ownership Branding Brands 52

43(B)log

MARCH 18, 2022

4, 2022) Mosafer, a travel business that “aligns its branding with the State of Qatar,” sued several defendants for making public statements allegedly disparaging the State of Qatar and harming the Mosafer parties’ brand, which is closely aligned with the country. protects the speech of non-citizens as well as speech abroad.”

Law 59

Law False Advertising Social Media Branding 59

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. In addition, advertising companies and payment processors help to cut off revenue to pirate sites and services, when appropriate. all over the globe. . Putting a Number on It?

Cease and Desist 130

Cease and Desist Government Confidentiality Settlement 130

Technology & Marketing Law Blog

JUNE 22, 2023

The CJPA creates a royalty pool of the “revenue generated through the sale of digital advertising impressions that are served to customers in the state through an online platform.” Publishers can charge for advertising in many ways, including ad impressions (CPM), clicks, actions, fixed fee, etc.

Journalism 90

Journalism Social Media Publishing Government 90

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. Their rights will be protected thanks to the metaverse brands’ trademarks. It might be more difficult than ever in the metaverse to police brands.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Their studies: we might see tarnishment in the brand context, and stronger among conservatives. Control to tarnishment—They rated the brand as stronger if they saw the tarnishing stimuli. Change in brand strength mediates purchase choice.

Trademark 72

Trademark Copyright Branding Brands 72

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

MAY 20, 2024

on 10 May, 2024 (Delhi High Court) The defendant filed an application seeking cost of litigation from the plaintiff. The plaintiff alleged that the defendant not only manufactures the impugned product but also promotes the same on social media. Intergrow Brands Pvt. Case Summaries Dolphin Mart Private Limited v.

Trademark 45

Trademark Advertising Advertising Copyright 45

Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products LLC ] A trademark dispute at the Supreme Court involving a dog chew toy and a famous brand of whisky may have serious implications for trademark and free speech rights. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. The expense of litigation may chill speech.

Blogging 103

Blogging Trademark Fair Use Trademark Law 103

Copyright Lately

SEPTEMBER 12, 2022

Case in point is a recent ruling out of the Central District of California involving clothing brand Deadly Doll. So long as the product is genuine and has been lawfully obtained, the Copyright Act’s first sale doctrine will permit the sale, and section 113(c) will permit the use of photos of the product to advertise the sale. (To

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

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

IP and Legal Filings

JANUARY 22, 2023

In Europe, it owns and runs a variety of bike and cycling brands, including “RALEIGH.” The Plaintiff’s website, www.raleigh.co.uk, which was registered in 1998, as well as different social media platforms like Facebook, Telegram, LinkedIn, Twitter, YouTube, etc., are used to publicise the same.

Trademark 76

Trademark Registering Trademarks Social Media Business 76

43(B)log

FEBRUARY 17, 2022

In re: Elysium Health-ChromaDex Litigation, No. Elysium’s expert, Sowers, tested the allegation that ChromaDex advertising deceived customers into believing that the FDA reviewed ChromaDex’s product, Tru Niagen, for efficacy. Respondents were never shown an advertising statement conveying the control message.”

False Advertising 59

False Advertising Advertising Advertising Social Media 59

LexBlog IP

APRIL 13, 2022

Although this case has yet to reach a resolution, it draws attention to the potential for litigation surrounding the copyright rights required to mint NFTs. On February 9, 2022, Rothschild file a motion to dismiss the Complaint, arguing that he had “every right to make and sell art that depict branded products.”

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

AUGUST 11, 2022

The upside-down free riding story is just as hard to tell in litigation as the mosaic of exceptions and limitations that we already struggle to tell. Comparative advertising is another example of free riding that is actually a very good idea. Another use: branding function for purposes of parody/humorously assert rights or ownership.

IP 72

IP Copying Marketing Marketing 72

Technology & Marketing Law Blog

JUNE 21, 2023

VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. My post summarizes the Court’s ruling and discusses its implications for brand owners, companies that sell parody products, and anyone interested in trademark law.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

43(B)log

FEBRUARY 3, 2023

Alex Roberts, Multi-Level Lies Marketing and advertising claims made by laypeople selling through MLMs. Social media influencers seem reasonably held liable, but what about when the seller is texting friends. Lemley: is/should there be contributory false advertising liability? Web of federal and state regulation.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

DECEMBER 1, 2022

An online article used photos of the Lounge in its coverage of the series, and MGFB also submitted social media posts. Plaintiffs’ social media expert opined that the show meant that Internet searches for “Florabama” or “Flora-Bama” led to “blurred” results filled with MTV Floribama Shore content. [My

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64