IPilogue

FEBRUARY 14, 2022

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”).

Advertising 105

Advertising Advertising Trademark Branding 105

SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it. Legal Position on Comparative Advertisement.

Fair Use 96

Fair Use Advertising Advertising Branding 96

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. And defendants’ dolls were “virtually identical” in shape to Roblox’s avatars.

Copying 94

Copying False Advertising Social Media Advertising 94

LexBlog IP

JULY 10, 2023

Can I Use a Competitor’s Name in Advertising? by Founders Legal Some of the most memorable advertising campaigns in history involve the comparative use of competing trademarks. Compatibility Assurances If your product serves as an accessory to another company’s product, you can advertise that compatibility.

Advertising 40

Advertising Advertising Branding Brands 40

IP Tech Blog

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. The posts referred to the CBD product helping individuals with anxiety and insomnia and contained discount codes. The post Navigating the Regulatory Maze: Understanding the ASA Ruling re.

Social Media 57

Social Media Advertising Advertising Branding 57

IP Tech Blog

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 57

Advertising Advertising Blogging Branding 57

Olartemoure Blog

FEBRUARY 10, 2024

the Super Bowl moves billions of dollars, mainly through advertising. The National Football League (NFL) , organizers of the event, have created and grown the brand of the Super Bowl to what it is today. Arguably the most important sports event in the U.S.A., THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”.

Cease and Desist 105

Cease and Desist Trademark Advertising Advertising 105

Selvam & Selvam Blog

APRIL 5, 2022

When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. But what exactly is moment marketing? However, the concept of moment marketing is not new.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. W-22-CV-00777-ADA-DTG (W.D.

False Advertising 59

False Advertising Advertising Advertising Patent 59

LexBlog IP

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. The posts referred to the CBD product helping individuals with anxiety and insomnia and contained discount codes.

Social Media 52

Social Media Advertising Advertising Branding 52

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 105

Trademark Advertising Advertising Branding 105

43(B)log

AUGUST 27, 2024

Plaid allegedly then presented PNC consumers who were trying to connect to fintech apps via Plaid Link with messaging screens, using allegedly confusing branding, that said, “we’re currently experiencing connectivity issues with this bank” and “PNC has made a change that prevents you from being able to link your accounts.”

Advertising 52

Advertising Advertising False Advertising Design 52

LexBlog IP

FEBRUARY 28, 2023

The regulators’ enhanced focus in this area is reflective of Australian consumers’ increasing demand for ethical and sustainable business practices, and business’ increasing marketing and advertising of their credentials in these areas in response.

Marketing 52

Marketing Marketing Business Branding 52

The IPKat

SEPTEMBER 12, 2023

Owners of luxury trade marks have a strong interest in building and preserving the luxury and prestigious aura around their brands. It sells the perfumes under these brands through a selective distribution system. In February 2018, ALDI SÜD advertised the perfumes in their weekly promotional brochure for Valentine’s Day.

Advertising 120

Advertising Advertising Branding Brands 120

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

Trademark 94

Trademark Social Media Advertising Advertising 94

The IPKat

DECEMBER 22, 2022

In particular, this may be the case where an online marketplace displays its own logo on the advertisements of third-party sellers and it carries out the storage and shipping of the third party goods in question. For example, how is the operator displaying its advertisements (e.g., The press release is here (French only).

Advertising 143

Advertising Advertising Marketing Marketing 143

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

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. Competitor brands were copying the company using names like Koka-Nola, Ma Coca-Co, Toka-Cola, and even Koke.

Brands 52

Brands Branding Branding Copying 52

LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. The KHSAA has owned the trademark for “Sweet Sixteen” since 1951, and it has been used to refer to the high school basketball tournament in Kentucky.

Brands 40

Brands Branding Branding Cease and Desist 40

TorrentFreak

OCTOBER 26, 2022

Earlier this month, the RIAA shared its recommendations for the USTR’s annual review of overseas notorious markets. The RIAA also carved out a brand new category this year, labeled AI Based Extractors/Mixers. In addition, they argue that the sites don’t deserve the ‘notorious’ brand for several reasons.

Music 132

Music Copyright Infringement Copyright Branding 132

43(B)log

JULY 15, 2024

Nike claims that, despite those efforts, StockX sold a number of Nike-branded shoes that were counterfeits. As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” Cross-examination could address any deviation from market conditions.

False Advertising 69

False Advertising Branding Brands Branding 69

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! The parties compete in the shoe market. We are fiercely protective of the Crocs brand and our iconic DNA. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D.

False Advertising 59

False Advertising Advertising Advertising Branding 59

Corsearch

APRIL 19, 2023

With Gen Z ambivalent on the cost of counterfeiting to legitimate brands – and often actively seeking fakes out – how can brands educate consumers about their societal harms? Typically defined as people born between 1997 and 2012, Gen Z are seen by many brands as the number one audience to connect with online.

Brands 40

Brands Branding Branding Social Media 40

IP Law 360

APRIL 25, 2023

by using its "Polar Pop" brand to refer to drinks in online advertising and marketing outside the convenience stores, according to a federal lawsuit. Circle K is breaking a decade-and-a-half-old deal with Massachusetts-based seltzer company Polar Corp.

Advertising 40

Advertising Advertising Branding Branding 40

IP Tech Blog

FEBRUARY 8, 2022

Following the Competition and Markets Authority’s (“ CMA “) publication of the Green Claims Code (as discussed in our earlier blog ), the UK regulator is now moving forward with its greenwashing investigation , currently focusing on the fashion industry, with additional industries expected to be reviewed in future. Further Thoughts.

Advertising 70

Advertising Advertising Marketing Marketing 70

Patently-O

JUNE 25, 2024

The basic setup involves a drug that has several different approved uses; with the branded manufacturer holding patents covering only some of the uses. Although the generic typically makes a profit on these sales, it those profits pale in comparison to the profits lost by the branded company. June 25, 2024). 355(j)(2)(A)(viii).

Marketing 87

Marketing Marketing Patent Branding 87

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. First, only 94 of those references were “actual leads processed by Quintessa from its competitive bidding campaign (the campaign that bids on the Adler Marks).” Adler PC v.

Advertising 81

Advertising Advertising False Advertising Trademark 81

IP Tech Blog

NOVEMBER 30, 2022

They “chose ‘Punchbowl’ because that is the nickname the Secret Service uses to refer to the U.S. Punchbowl argued, as a threshold matter, that the Rogers analysis had no application because First Amendment protections do “not extend to ‘the brand name of [a] commercial enterprise.’” The logo depicts an overturned U.S.

Branding 57

Branding Brands Branding Fair Use 57

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 88

Branding Brands Branding Trademark 88

The IPKat

DECEMBER 27, 2021

The findings The UKIPO’s findings are based on a quantitative survey of 1,000 female (studies suggest that influencer marketing is “ highly gendered ”) consumers in the UK, aged 16 to 60 and who use social media at least once per week.

Social Media 117

Social Media Reporting Advertising Advertising 117

43(B)log

MARCH 29, 2024

The asterisk following “dermatitis” referred to this statement: “*the most common allergy in infancy. 2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) Although Gerber referred to the qualified health claim determination in its ads, it didn’t use any of the approved versions.

False Advertising 104

False Advertising Advertising Advertising Reporting 104

IP Tech Blog

FEBRUARY 13, 2023

In the first few months of 2023, the UK Regulator – the Competition and Markets Authority (“ CMA ”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“ FMCG ”). Advertisers are reminded to not mislead consumers by omitting material information.

Business 57

Business Advertising Advertising Blogging 57

SpicyIP

SEPTEMBER 16, 2024

CIPL) from infringing the French brand Lacoste’s iconic “Crocodile” device. Effectively, the Court has permanently restrained CIPL’s use of the mark through manufacturing, selling, offering for sale or advertising the products on which it was affixed. While Lacoste too was directed to advance Rs.

Trademark 63

Trademark Branding Brands Branding 63

43(B)log

JUNE 10, 2024

5, 2024) Abbott Laboratories’s Glucerna line of powders and shakes are marketed as scientifically designed for people with diabetes to help manage blood sugar. The challenged language includes “to help manage blood sugar,” “#1 doctor recommended brand,” and “scientifically designed for people with diabetes.” Prescott v.

Design 59

Design Designs Branding Brands 59

IP and Legal Filings

NOVEMBER 11, 2021

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Firstly, trademarks help distinguish one product from another in the market. Lastly, trademarks are pivotal for commercial purposes such as sales and advertisements.

Trademark 92

Trademark Cease and Desist Branding Brands 92

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

Copyright 104

Copyright Advertising Advertising Trademark 104

LexBlog IP

FEBRUARY 13, 2023

In the first few months of 2023, the UK Regulator – the Competition and Markets Authority (“ CMA ”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“ FMCG ”). misleading advertising) and 11.1

Business 52

Business Advertising Advertising Blogging 52