IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

Fair Use 85

Fair Use Advertising Advertising Branding 85

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 111

Trademark Advertising Advertising Branding 111

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

SpicyIP

NOVEMBER 8, 2023

A brand owner’s injunction now depends on the ad’s content, checking if the same confuses or causes blurring or tarnishment. Only then does Google need to take action against the advertisement and not otherwise. DRS , where the court held that ad-words are not inherently violative of trademark rights.

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

OCTOBER 20, 2022

In the proposed revision, the FTC put in a place marker for Kid Endorsements, saying, “Endorsements in advertisements addressed to children may be of special concern because of the character of the audience. Practices which would not ordinarily be questioned in advertisements addressed to adults might be questioned in such cases.”

Advertising 52

Advertising Advertising Marketing Marketing 52

Managing IP

DECEMBER 21, 2022

As advertising increasingly shifts to social media, Ranjan Narula and Padmini Paonam of RNA Technology and IP Attorneys explain how to safeguard a brand’s reputation despite the risks presented by the use of influencers.

Social Media 52

Social Media Branding Brands Branding 52

The TTABlog

JUNE 21, 2021

Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. However, Barnard's proofs showed only that he advertised his services but not that he rendered the services.

Advertising 52

Advertising Advertising Service Mark Branding 52

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.’” The First Amendment has long coexisted with no-fault false advertising laws. The California Supreme Court reversed.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

OCTOBER 29, 2021

Copper Compression Brands LLC, 2021 WL 5013799, No. Here, the court granted leave to amend to add a false advertising claim. In May 2021, plaintiffs moved for leave to file a second amended complaint to add a false advertising claim based on statements on CCB’s website. 4604 (KPF) (S.D.N.Y. Nor would amendment be futile.

False Advertising 59

False Advertising Advertising Advertising Designs 59

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 84

Trademark Social Media Advertising Advertising 84

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 144

Advertising Advertising Branding Brands 144

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. Examples included website links that presented Plaintiffs’ trademarks as identical phrases (e.g. Baxter; 996 F.3d 3d 925 (8 th Cir. The parties compete in the market for adjustable air mattresses and related products.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

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

MAY 26, 2022

For many image conscious consumer-orientated businesses, a key to commercial success lies in carefully calibrated branding and marketing. Thousands of pirate sites rely on advertising to generate revenue but entertainment companies are keen to highlight the downsides of dealing with them. Other issues are even more tricky.

Advertising 127

Advertising Advertising Branding Brands 127

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. Likewise, if a customer went to the Toyota website, searched for “Honda Civic” and was presented with a list of cars clearly labeled as Toyota Corollas, that person could not think that such presented options included a Honda Civic. LoanStreet v.

Trademark 78

Trademark Advertising Advertising False Advertising 78

SpicyIP

MARCH 8, 2023

The court, however, had a differing view and has clarified that there is no disparagement on grounds of lack of comparative advertisement and permissibility of such disclaimers under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘IT Rules, 2021’).

Advertising 104

Advertising Advertising Trademark Intellectual Property Law 104

LexBlog IP

FEBRUARY 7, 2024

It includes many rules, several of them directed at the language of business in Quebec, and some regarding the use of French on both product packaging and signage/advertising. Presently, all product labelling and commercial signs appearing in Quebec must be in French – but the Charter provides certain exceptions for trademarks.

Registering Trademarks 52

Registering Trademarks Advertising Advertising Social Media 52

IP Tech Blog

FEBRUARY 26, 2024

The UK’s Advertising Standards Authority ( ASA ) has banned two ads for breach of the rule prohibiting the use of gender stereotypes in advertising, which was introduced in 2019. In their view, the ad presented FKA twigs as a “ stereotypical sexual object ” and “centred on FKA twigs’ physical features rather than the clothing ”.

Advertising 62

Advertising Advertising Social Media Branding 62

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

False Advertising 45

False Advertising Advertising Advertising Patent 45

43(B)log

MARCH 29, 2024

As for the implied FDA endorsement: (1) A coupon affixed to certain GSG containers described it as “the first and only formula brand made from 100% whey protein partially hydrolyzed, and that meets the criteria for a FDA Qualified Health Claim for atopic dermatitis.” I’m not clear how a reasonable jury could find otherwise.)

False Advertising 104

False Advertising Advertising Advertising Reporting 104

TorrentFreak

JUNE 9, 2023

billion users overall and around 120 million users active daily, YouTube is an entertainment powerhouse and a globally-recognized brand. The most visible cost to the user is advertising, lots and lots of advertising. With an estimated 2.5 Premium products aside, YouTube is free to use.

Privacy 137

Privacy Cease and Desist Advertising Advertising 137

43(B)log

AUGUST 7, 2023

3, 2023) Potentially interesting pretrial rulings in this false advertising/TM case: Goli’s motion to exclude the testimony of Dr. Jerry Wind was granted in part to preclude him from opining on the ultimate question of likely confusion or balancing the trademark infringement factors, which was for the jury. GOLO, LLC v. Goli Nutrition Inc.,

False Advertising 91

False Advertising Advertising Advertising Law 91

Intepat

DECEMBER 4, 2023

In recent years, this economic potential has attracted global brands to expand into the Indian market. If you are a brand looking to establish a presence in India, your first step should be to secure your trademark and its associated rights. During the hearing, the applicant’s attorney presents arguments for acceptance.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

MAY 7, 2024

To bolster the plausibility of her claims, plaintiff alleged that industry practice was to the contrary: Häagen-Dazs Pistachio Ice Cream and Ben and Jerry’s Pistachio Ice Cream both include actual pistachios, as does Thrifty brand ice cream, disparagingly described as “a less premium brand than Cold Stone Creamery.”

False Advertising 59

False Advertising Advertising Advertising Branding 59

TorrentFreak

OCTOBER 25, 2022

The IWL is shared among brands, advertising companies, agencies and affiliates, who are informed that responsible companies boycott pirate sites because it a) protects their image and b) starves pirate sites of much-needed cash. Total number of brands and total number of advert intermediaries.

Intellectual Property 112

Intellectual Property Advertising Advertising Contracts 112

IIPRD

JANUARY 6, 2023

However, the protection of a trademark has always been important for a firm since it is closely associated with the identification of a product but in the present scenario of social media culture, the risk of trademark infringement has increased to a large extent. Brand Protection. Hashtag and trademarks. Parody and trademark.

Social Media 52

Social Media Trademark Advertising Advertising 52

TorrentFreak

JANUARY 3, 2024

That being said, for a subsection of fans, finding the money to gamble while watching Premier League matches on pirate sites doesn’t appear to present as many challenges as finding 175,000 dong to pay the Premier League. As outlined in red, the site reported that live matches were available on Tuesday, but without advertising.

Advertising 95

Advertising Advertising Reporting Copyright Infringement 95

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Brands 49

Trading Secrets

APRIL 20, 2022

Matlock alleges that he was approached by Eastern Standard in 2021 to explore expanding its existing pretzel line with Liege waffles, and the two companies began exploring co-branding opportunities. This case also presents a cautionary tale about the potential dangers of disclosing confidential information in public court filings.

Confidentiality 122

Confidentiality Branding Brands Branding 122

IPilogue

NOVEMBER 15, 2022

Regarding the second prong, Rothschild’s counsel pointed to the lack of explicit mention of Hermès in the advertising of the NFTs. Hermès argued that Rothschild’s usage of “MetaBirkin” was akin to a trademark, namely to “brand a product line, and to attract public attention and signify source.”

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

Olartemoure Blog

SEPTEMBER 23, 2022

The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. According to the new directives, graphical user interfaces (GUI) must be presented without being associated to a device or screen. Original source in Spanish. 09/22/22 – Consumer Protection.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. Fashion brands are no strangers to the continuous fight against fake and counterfeit items in the real world.

Law 82

Law Branding Brands Branding 82

The IPKat

FEBRUARY 21, 2024

The book examines how the advertising, merchandising, film and television, and sports video-games industries use persona as a key component of their products. The book is presented in two main parts; part one provides the foundation and background for the empirical analysis in part two. The code can be found below.

Television 67

Television Social Media Advertising Advertising 67

TorrentFreak

OCTOBER 18, 2022

After obtaining permission from the court in late April, MPA investigators began serving third-party subpoenas on advertising brokers including Amobee, Exponential Interactive, Oracle Corporation, Yahoo Ad Tech, AdSupply, Aragon Advertising, Insticator, and Outbrain, plus Amazon and Google. Arm’s Length Advertising.

Advertising 117

Advertising Advertising Business Reporting 117

SpicyIP

OCTOBER 27, 2023

Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

TorrentFreak

MARCH 29, 2023

While no targets are off limits, site owners who operate inside Japan present fewer challenges than those based overseas. Pirate Manga Site B9Good.com Manga piracy site B9Good initially appeared in 2008 and established itself under B9DM branding. The women were allegedly paid by B9Good’s operator to upload pirated content.

Reporting 101

Reporting Branding Brands Branding 101