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.

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Social Media Advertising Advertising Branding 52

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.

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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. 1, 2017 to Apr. 11, 2023 (claiming that various products were “patented”).

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False Advertising Advertising Advertising Patent 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.

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Branding Brands Branding Social Media 40

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.

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Kashishipr

MAY 4, 2022

Additionally, they help the customers distinguish between brands and understand the quality of the products they buy. Trademarks also carry all the image and reputation a brand builds over the years. It has already knocked out some widely recognized brands in the past, including Cellophane, Asprin, and Escalator.

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Social Media Trademark Cease and Desist Registering Trademarks 105

43(B)log

JULY 21, 2023

but also narrows the issues somewhat; the larger infringement, cybersquatting, and false advertising claims can’t be resolved on summary judgment. LHB currently owns 64 domain names containing references to Taser or Axon Taser models. “ logos on their materials to identify their social media accounts.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. For example, it alleges that 12 posters are responsible for two thirds of the anti-vax content on social media. Are the reports advertisements?

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Social Media Reporting Contracts False Advertising 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. The authors thank Zara Bhatti for her contributions to this post. Complaints were made against ad campaigns for Calvin Klein and GIRLvsCANCER , a charity.

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Advertising Advertising Social Media Branding 62

TorrentFreak

OCTOBER 31, 2022

This growth is facilitated by users who openly advertise the site on social media, TikTok included. While the Authors Guild doesn’t recommend branding the platform as a notorious market, the social media platform responded to these and other rightsholder complaints in a letter to the USTR.

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Social Media Publishing Intellectual Property Marketing 137

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.” Champion v. Moda Operandi, Inc., 3d -, 2021 WL 4340670, No.

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Selvam & Selvam Blog

APRIL 5, 2022

The power of the internet, in particular that of social media is humungous. 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.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

IP and Legal Filings

AUGUST 4, 2022

Trademarks refer to an identifiable phrase, word, or symbol or a combination of these that represents a particular product or service and differentiates it with another product or service. The brands need to identify the Class under which they can register their trademark, and this is done through the NICE Classification adopted by India.

Intellectual Property Law 76

Intellectual Property Law Intellectual Property Law Social Media 76

SpicyIP

AUGUST 16, 2021

Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. It is also reported that Baseline Ventures is sending out notices to the brands that did so. Satchit Bhogle.

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Social Media Personality Rights Law Branding 72

TorrentFreak

SEPTEMBER 29, 2023

Many of these promise free music, MP3 download functionality, and the option to download videos and music from social media sites. There are some that reference popular YouTube ripper brands such as “MP3Juice” to grab people’s attention. The takedown notices all target music-related apps.

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Music Advertising Advertising Social Media 99

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

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IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. If such content is not taken down within the prescribed time, the social media intermediaries would be liable for the same. Passing-off refers to misrepresenting someone else’s goods as one’s own.

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

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”.

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Branding Brands Branding Trademark 79

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” Pattern Brands, Inc., ” * RVC Floor Decor, Ltd. Floor and Decor Outlets of America, Inc., 2021 WL 1163117 (E.D.N.Y.

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IP Social Media Fair Use Branding 85

LexBlog IP

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. The authors thank Zara Bhatti for her contributions to this post. White’s campaign featured him topless and in tight underwear.

Advertising 52

Advertising Advertising Social Media 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. . The Guidelines provide examples of how sustainability goals can constitute efficiency.

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. . The Guidelines provide examples of how sustainability goals can constitute efficiency.

Social Media 52

Social Media Branding Brands Branding 52

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021.

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

43(B)log

APRIL 26, 2022

Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States.

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Television Social Media Advertising Advertising 72

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”).

Advertising 52

Advertising Advertising Branding Brands 52

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

MAY 13, 2023

Using the name or image of a celebrity for brand advertisement or promotion in the US does not always attract liability, provided the brand is not falsely misleading the public that the celebrity endorses the product. Spelling-Goldberg Prods., where the former takes precedence over publicity rights, while the latter may not.

Personality Rights 83

Personality Rights Privacy Trademark Law False Advertising 83

Trading Secrets

MARCH 22, 2022

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.” On November 23, 2020, Hayley Paige informed JLM that would “not be posting any JLM related business” to her social media accounts. 4th at 789.

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Social Media Contracts Confidentiality Business 59

Corsearch

MARCH 13, 2023

So, will other content creators, brands, and consumers be able to use Mickey Mouse in their own works? Corsearch customers also benefit from expert enforcement across P2P services, streaming websites, cyberlockers, social media, app stores, paid search & advertising, and UGC platforms. The short answer is no.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

43(B)log

APRIL 25, 2023

Purlife Brands, Inc., 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Its social media posts featured photos of the Leo’s Loo products, but those posts were tagged, at least in part, with #litterrobot, #LitterRobot, and #litterrobot3.

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False Advertising Advertising Advertising Social Media 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.

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False Advertising Advertising Advertising Trademark 75

The IPKat

NOVEMBER 28, 2022

In short, Twitter’s new verification (commonly referred to as “Twitter Blue”) is a pay-to-play verification scheme. This Kat would have thought this would not cause such big of a spur as verification of this sort have all been present on Twitter as well as other social media platforms such as Instagram and Weibo.

Social Media 76

Social Media Branding Brands Branding 76

Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. However, Indian law has indirect references for the protection of publicity rights. For instance, in Titan Industries Ltd.

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Branding Brands Branding Personality Rights 98

IP Tech Blog

MARCH 18, 2022

In addition to alleging trademark infringement due to Rothschild’s use of BIRKIN in METABIRKINS as the name for his NFT collection, Hermès complained that Rothschild infringed by using METABIRKINS as a domain name, as a handle on Twitter and other social media platforms, as a brand name on NFT sales platforms, and as a hashtag.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MAY 20, 2022

Target Audience: There is reference to looking at the target audience and assessing what is clear and conspicuous for them. We hope this means the FTC will take into account when a post targets, say, the gaming community with its own language or Gen Zers who have grown up with social media.

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Social Media Advertising Advertising Branding 52

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

IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. The complaint claims that artificial intelligence-created deepfakes of Anil Kapoor and his name-branded websites defraud customers. Rights are crucial in today’s competitive world of celebrities competing for fame and advertising.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62