Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. The court displays some of the ads: Use in Commerce.

False Advertising 97

False Advertising Advertising Advertising Trademark 97

Kashishipr

JANUARY 19, 2022

The form of intangible property comprising of skillsets, know-how, business ideas, and strategies have helped in the development and generation of the transborder reputation of several brands. A brand name is usually a name given by the proprietor of a product or service to designate a name to the company with which it is associated.

Marketing 105

Marketing Marketing Trademark Branding 105

azrights

MAY 10, 2022

It’s well known that the failure rate of small businesses is extremely high. Entrepreneur.com rates people’s chances of surviving in business beyond 5 years at 50/50, while the chances of failure after 10 years are 70%. With that in mind, here are the top 13 reasons why businesses are less successful than they might otherwise be.

Business 98

Business Branding Brands Branding 98

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Robinhood Markets, Inc., Ariix, LLC v.

Advertising 107

Advertising Advertising Contracts Social Media 107

azrights

JUNE 27, 2023

Or growing your business to sell? Do you: Know what ‘brand’ means and signifies to the value of your business? You as the business owner need a solid understanding of Brand and IP so you can be its brand manager. The changed 21st century business environment makes this an imperative. Or rebranding?

Branding 52

Branding Brands Branding Business 52

TorrentFreak

NOVEMBER 19, 2023

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v. million expenses, $1.1

Marketing 100

Marketing Marketing Privacy Intellectual Property 100

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Designs 57

Designs Design Social Media Privacy 57

Technology & Marketing Law Blog

DECEMBER 10, 2023

Amazon is an ICS provider: Plaintiff alleges that Defendants “market” and “sell” products to retail consumers “through internet websites.” The plaintiff claimed that Amazon bears the responsibility to verify advertiser claims and product authenticity. This argument has failed so many times.

False Advertising 63

False Advertising Advertising Advertising Marketing 63

43(B)log

AUGUST 9, 2021

Similarly, “ordinary business transactions” can satisfy the substantial assistance element of an aiding and abetting claim “if the [defendant] actually knew those transactions were assisting the [principal] in committing a specific tort. They allegedly “directly run” ad campaigns for their clients, including Beyond Global.

False Advertising 69

False Advertising Advertising Advertising Designs 69

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 76

Designs Design Art Intellectual Property 76

43(B)log

SEPTEMBER 13, 2021

2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. Lanham Act claim: Was this commercial advertising or promotion? C21-312 TSZ, 2021 WL 3930694 (W.D. Picket Fence Preview, Inc.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

APRIL 25, 2022

The plaintiffs alleged that the stamps themselves were “a powerful form of advertising because they allow the Brazilian plywood companies to market their products as conforming to an important American safety standard.” pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

Above the Fold

MAY 1, 2021

In case you missed it, Maryland became the first state back in February to pass a digital advertising services tax into law (and over the governor’s veto no less). to 10%, based upon each business’s global annual gross revenues. Proponents point to estimates that the law will create millions in tax revenue for the State of Maryland.

Advertising 40

Advertising Advertising Business Law 40

43(B)log

APRIL 25, 2022

25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. This was first used by VSL, marketed as VSL#3. De Simone created an eight-strain combination probiotic product known as the De Simone Formulation.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. Sellers failed to overcome that presumption. 101 USPQ2d at 1191.

Designs 70

Designs Design Marketing Marketing 70

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

43(B)log

AUGUST 27, 2021

The stamps thus allegedly operate as powerful advertising, allowing Brazilian plywood companies to market their products as conforming to an important American safety standard. Google didn’t attest to anything about the locksmiths; it was like a building that rents space to business owners.

False Advertising 59

False Advertising Advertising Advertising Business 59

IP Tech Blog

AUGUST 22, 2022

especially in the IT, entertainment and fashion businesses ? In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. Are they protectable by design patents? Article 2.4 Article 2.4

Design Patent 57

Design Patent Designs Design Patent 57

43(B)log

SEPTEMBER 16, 2021

Meredith alleged that Vacasa “has embarked on a smear campaign surgically targeted at [Plaintiff’s] homeowner customers, designed to unfairly snuff out that competition.” The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act. This wasn’t specific and factual enough.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

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. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark 84

Trademark Social Media Advertising Advertising 84

Olartemoure Blog

DECEMBER 14, 2023

This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dominant market position.

Marketing 98

Marketing Marketing Advertising Advertising 98

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

43(B)log

SEPTEMBER 26, 2022

20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act. The court granted a motion to dismiss the counterclaims.

Marketing 56

Marketing Marketing False Advertising Advertising 56

The IPKat

FEBRUARY 17, 2023

The e-commerce platform Amazon offers an affiliate marketing programme called Amazon Associates. The agreement between Amazon and the affiliate does not provide any specifications for the design of the affiliate’s website. Background The case concerned affiliate marketing on www.schlafbook.de. Translation by the author.)

Advertising 70

Advertising Advertising Business Designs 70

azrights

JUNE 19, 2023

Unless a business has intellectual property protecting its innovation, such as a trademark, patent, copyright, design, or trade secret, competitors are free to copy its differentiation strategy immediately. Tesco reportedly spent a million pounds on marketing the concept of loyalty cards and made the Clubcard name famous as a result.

Branding 52

Branding Brands Branding IP 52

The TTABlog

SEPTEMBER 13, 2022

The Board found the services to be overlapping, but what about the marks?

Marketing 70

Marketing Marketing Graphic Design Branding 70

azrights

JUNE 19, 2023

Tesco probably didn’t initially realise the wider ramifications of using the Clubcard name, so may have been satisfied with its advertising agency. Nearly 10 years ago a designer acquaintance approached me to offer her “brand refresh” service. My logo had been professionally designed and I was happy enough with it.

Branding 52

Branding Brands Branding Designs 52

Olartemoure Blog

SEPTEMBER 23, 2022

The credit line will grant loans of up to USD 450,000 for projects related to the Bioeconomy at an interest rate of 1% for small and medium-sized businesses and 4% for large businesses. The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

43(B)log

OCTOBER 6, 2021

In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., 17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. Sanofi argued that none of its advertisements or promotional materials made any of these assertions.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 102

Law Social Media Advertising Advertising 102

azrights

OCTOBER 20, 2023

Designation of origin Among other things, that involves the need to use trademarks as designations of origin. That means the registered sign must be used as an identifier that buyers see when they’re making purchases or discovering a business through its advertising and promotional activities.

Branding 52

Branding Brands Branding Marketing 52

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.”

Social Media 62

Social Media Advertising Advertising Music 62

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. caused ExeGi to lose business.”

False Advertising 64

False Advertising Advertising Advertising Litigation 64

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. Uber Technol., 24, 2021) Uber Inc.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59