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. Then, in Liapes v. seriously, are you still posting THERE???) StopTheSADScheme.

Law 105

Law Social Media Advertising Advertising 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

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

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 79

Copyright Fair Use Social Media Artwork 79

43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Roblox authorized plaintiff Jazwares to manufacture “Avatar Figurines,” real-world toys based on the digital Avatars.

Copying 94

Copying False Advertising Social Media Advertising 94

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.” Kuczma)[not precedential].

Social Media 62

Social Media Advertising Advertising Music 62

LexBlog IP

FEBRUARY 16, 2024

Similar to celebrity-filled ads, collaborative relationships between influencers and companies on social media continue to be prevalent. Like Patrick + Brittany and Travis + Taylor: Partnerships Are Key Nowadays, celebrities and social media influencers are more business savvy.

Social Media 52

Social Media Intellectual Property Contracts Branding 52

The TTABlog

APRIL 2, 2024

"The mark consists of a three-dimensional configuration of the interior of a hex shaped box with a honeycomb configuration of seven interior hexagonal indentations on the bottom of the box and the design of a six point star, having flat points, on the top of the box. Opposer Taylor admitted that alternative designs are available.

Designs 57

Designs Design Social Media Registration 57

The IPKat

AUGUST 17, 2022

Recently, this Kat reported on Beyoncé’s decision to remove a sample from her song, after Kelis took to social media to complain, even though the rights had been cleared and there was no copyright infringement. As I explained in the Guardian : “It doesn’t matter that Beyoncé didn’t actually infringe Kelis’s rights.

Social Media 137

Social Media Registration Intellectual Property Ownership 137

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

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. ” The defendants successfully defend on Section 230 grounds. ” The defendants successfully defend on Section 230 grounds. ICS Provider. “Plaintiffs do not meaningfully challenge Defendants’ status.”

False Advertising 90

False Advertising Social Media Publishing Advertising 90

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. You can find out more here: [link].

Advertising 80

Advertising Advertising False Advertising Marketing 80

Art Law Journal

DECEMBER 29, 2021

We cover topics including career paths, preparing for interviews, using social media to grow your footprint, networking, and much more. Here we break down the different types of firms, agencies, and design companies so that you can make an informed decision that makes the most sense for you! Top Advertising Agencies.

Graphic Design 52

Graphic Design Designs Design Web Design 52

Michael Geist

AUGUST 9, 2023

The document has sparked criticism from business groups and the U.S. government given that it envisions a retroactive three percent tax that will hit a wide range of businesses. Take targeted advertising revenues, which would require that the user be physically located in Canada at the time. These are just two examples.

Social Media 52

Social Media Government Advertising Advertising 52

Indiana Intellectual Property Law

MARCH 14, 2023

Vandor”) doing business as Starmark Cremation Products , filed suit against Defendant, Batesville Casket Company, Inc. Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. They have designed, marketing and manufactured Sensible Solutions for its customers.

Patent Infringement 40

Patent Infringement Social Media Patent Designs 40

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”. The company was ordered to pay Ojo, ₦20 million (US$44 448) in damages.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Dragons' Den

FEBRUARY 16, 2023

In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. Copyright may protect a business’ marketing materials and an app’s program code, and the look and feel of an app might be covered by design rights. system, this is basically a registered design.

Designs 52

Designs Design Music Invention 52

Michael Geist

APRIL 20, 2023

When they make money from these activities, social media companies must be obliged to reinvest in our creators and into local content creation. The specific use case: The amendment could also fail to achieve its own stated purpose to capture commercial sound recordings broadcast by social media platforms. Section 4.1(2)

Government 106

Government Social Media Law Music 106

TorrentFreak

DECEMBER 24, 2021

In an injunction application dated December 2, 2021, Nintendo requested a website blocking order under section 97A of the Copyright, Designs and Patents Act 1988. It targeted six major ISPs (BT, EE, Plusnet, Sky, TalkTalk and Virgin Media) demanding that they block subscriber access to five domains carrying NSW2U and NSWROM branding.

Social Media 140

Social Media Artwork Copyright Reporting 140

TorrentFreak

OCTOBER 5, 2021

Initially filed in August 2020, the complaint targeted five ‘doe’ defendants, together doing business as Universe IPTV and Universe TV. The complaint alleged that the service’s business was carried out via several domains, including but not limited to World-Universeiptv.com and Uni-Update.com. Broad Injunction Against Universe IPTV.

Copyright Infringement 120

Copyright Infringement Copyright Cease and Desist Social Media 120

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

MARCH 25, 2024

These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge. 4th 760 (5th Cir.

Advertising 64

Advertising Advertising Social Media Government 64

Art Law Journal

JANUARY 6, 2022

We cover topics including career paths, preparing for interviews, using social media to grow your footprint, networking, and much more. The creative designer sees the big picture. Roles like these often require a bachelor’s degree in commercial art such as graphic design, illustration, or advertising.

Art 52

Art Graphic Design Social Media Branding 52

LexBlog IP

NOVEMBER 9, 2023

Facts of the proceedings In April 2022, an application for revocation for non-use pursuant to Article 58(1)(a) EUTMR was filed against the International Registration designating the European Union “ K-WAY ” owned by K-Way S.p.A.

Trademark 52

Trademark Social Media Business Advertising 52

LexBlog IP

AUGUST 16, 2023

Potential infringers might seek to exploit similarities in name, logo, or design to capitalize on your brand’s recognition. Protecting Online Identity In the digital realm, domain names, social media handles, and online advertisements are vulnerable to unauthorized use.

Branding 40

Branding Brands Branding Registration 40

43(B)log

APRIL 25, 2023

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.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

TorrentFreak

OCTOBER 24, 2022

These days it’s more likely for those sales to be organized on social media, which happily broadcast illegal sales to the whole world while logging everything for posterity. Two warrants were executed in Dover and Tonbridge, one of them against a man who used his own name to brand his piracy business.

Intellectual Property 99

Intellectual Property Social Media Reporting Copyright 99

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ”

Government 52

Government Advertising Advertising Social Media 52

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. In 2016, AACS told the Court that DVDFab had blatantly ignored its injunction and was continuing to conduct business as usual.

Copying 117

Copying Social Media Licensing Technology 117

CopyrightsWorld

JUNE 10, 2021

It is one of the best means of advertising your business. Bring all your creativity to the table and create the best online portfolio , to spread the word about your creative business. Here’s everything you need to know about designing a killer portfolio that sells your services. Think like the client.

Designs 98

Designs Design Art Business 98

Corsearch

MARCH 13, 2023

Following a dispute between Walt Disney and his business partner working at Universal, Disney lost the rights to the character – and thus Mickey Mouse was born. Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. Oswald the Lucky Rabbit.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media 101

Social Media Law Blogging Publishing 101

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. to lose significant advertising revenues.”

Litigation 89

Litigation Contracts Advertising Advertising 89

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

Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products sells a toy that imitates the trademarks of Jack Daniel’s Properties using a design similar to the company’s whisky label and bottle shape, but with the name “Bad Spaniels”, a spaniel’s face, and poop jokes. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand.

Blogging 106

Blogging Trademark Fair Use Trademark Law 106

TorrentFreak

DECEMBER 26, 2022

In addition, advertising companies and payment processors help to cut off revenue to pirate sites and services, when appropriate. Our enforcement actions will be designed to obtain the most significant impact by grouping actions by tactic, time, region, or language.” all over the globe.

Cease and Desist 132

Cease and Desist Government Confidentiality Settlement 132