43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

False Advertising 99

False Advertising Advertising Advertising Business 99

TorrentFreak

FEBRUARY 1, 2023

Every year, the Office of the United States Trade Representative ( USTR ) publishes a list of ‘notorious markets’ that facilitate online piracy and related intellectual property crimes. For example, we have seen hosting companies, advertisers, and social media platforms being added.

Marketing 120

Marketing Marketing Social Media Reporting 120

IP Tech Blog

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make?

Advertising 62

Advertising Advertising Reporting Privacy 62

IP and Legal Filings

JUNE 14, 2023

A trade name is a name under which a company pursues its business and needs to be distinguished from the entity’s registered or legal name. Many countries require registering a trade name or business name in a special register. For a marketer, a brand is what represents the values of a company and aims to create awareness and trust.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

TorrentFreak

OCTOBER 19, 2022

Earlier this month, several prominent copyright holder groups sent their annual “notorious markets” recommendations to the U.S. Government uses these documents as input for its yearly review of notorious piracy markets, which aims to provide an overview of threats to various copyright industries. Trade Representative (USTR).

Marketing 124

Marketing Marketing Copyright Technology 124

IP Watchdog

APRIL 13, 2022

In responding to the unprecedented COVID-19 challenges, companies around the world are rushing to capitalize on the current crisis by advertising the effectiveness of their products in containing the virus spread. As fear and anxiety proliferate during this pandemic, fraudulent or false advertisements also surge and explode.

False Advertising 116

False Advertising Advertising Advertising Marketing 116

IPilogue

NOVEMBER 18, 2022

The termination of this seven-year partnership, most famously known for its development of the Yeezy sneakers, raises important questions about IP ownership when business collaborations collapse. How can businesses protect their public perception in co-branding partnerships? While Ye’s company, Mascotte Holdings Inc.

Business 131

Business Contracts Branding Brands 131

TorrentFreak

FEBRUARY 18, 2022

In its yearly “Out-of-Cycle Review of Notorious Markets”, the United States Trade Representative (USTR) lists a few dozen websites said to be involved in piracy or counterfeiting. However, in recent years we have also seen hosting companies, advertisers, and e-commerce platforms being added. Hosting, Advertising, and Shopping.

Marketing 130

Marketing Marketing Advertising Advertising 130

Garrigues Blog

NOVEMBER 6, 2023

The exclusivity granted to the trademark owner is conditional upon the capacity of the mark in question to differentiate between different companies and services on the market.

Advertising 52

Advertising Advertising Trademark Registration 52

Technology & Marketing Law Blog

DECEMBER 19, 2021

You can see Seeking Arrangements’ ad (highlighted) showing above Luxy’s own ad and mixed in with ads for unrelated products: The court says: Plaintiffs’ advertisement does not contain the word “Luxy” or appear to cause any more confusion than the other three advertisements. More Posts About Keyword Advertising.

Advertising 106

Advertising Advertising Settlement Trademark 106

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

SEPTEMBER 9, 2022

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. As the court says later, “it seems unlikely that an Internet user who reads defendant’s advertisements would believe that they belong to or are endorsed by plaintiffs.”

False Advertising 97

False Advertising Advertising Advertising Trademark 97

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. 2022 WL 4596646 (C.D.

Advertising 102

Advertising Advertising False Advertising Trademark 102

43(B)log

JANUARY 17, 2024

Ultra Bond alleged that Safelite violated the Lanham Act by falsely advertising that windshield cracks longer than six inches could not be safely repaired and instead required replacement of the entire windshield. Safelite is the VGRR market leader: in 2016, it had 35.4% of the market; its closest competitor had just 3%.

False Advertising 64

False Advertising Marketing Marketing Advertising 64

IP and Legal Filings

MARCH 15, 2023

Introduction In this growing age of technology, business corporations have also levelled up in the promotion of their products. The company aims at highlighting the qualities of the products through advertisements which thereafter becomes an advertisement campaign which build the market identity of the product.

Advertising 52

Advertising Advertising Intellectual Property Social Media 52

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. This provides consumers with more information and allows small businesses to compete with mega corporations. The term “ goodwill ” encompasses all the intangible assets of a business.

Advertising 105

Advertising Advertising Trademark Branding 105

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

LexBlog IP

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. Nothing less will do.

Advertising 52

Advertising Advertising Reporting Privacy 52

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. How Does a Trademark Help in the Marketing of a Brand? The same is especially true since the dawn of the era of digital marketing.

Marketing 105

Marketing Marketing Trademark Branding 105

43(B)log

APRIL 26, 2023

24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” The parties compete in the market for skid steer attachments and other products.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. Defendant no. Vini Cosmetics Pvt.

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 52

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

LexBlog IP

JULY 11, 2023

Sarah La Voi joins BakerHostetler’s Chicago office as a partner in the firm’s Digital Assets and Data Management Practice Group and a member of the Advertising, Marketing and Digital Media team. Read the full press release.

Advertising 40

Advertising Advertising Government Marketing 40

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 99

Marketing Marketing Privacy Intellectual Property 99

43(B)log

SEPTEMBER 14, 2021

The false advertising counterclaim arose from a legal memo that IHS sent to customers who had been contacted by two people on behalf of defendant TDM: We understand that you have been contacted by Trade Data Monitor offering an equivalent service to the Global Trade Atlas.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

AUGUST 7, 2023

2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” Although not all the purchased products appeared in the Chinese import registry, “in its marketing, Paul Mitchell doesn’t just advertise that it sells ‘cruelty-free’ goods.

Marketing 52

Marketing Marketing False Advertising Advertising 52

43(B)log

OCTOBER 11, 2022

The parties used to have an ongoing business relationship in which both companies outsourced clients to each other and engaged in regular communications regarding their business operations. It also allegedly resumed promoting and advertising the domain name “logan-car-service.com” and re-routing visitors to its own website.

False Advertising 83

False Advertising Advertising Advertising Copying 83

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

IP Tech Blog

OCTOBER 4, 2021

UK regulator, the Competition and Markets Authority ( CMA ), has now published the Green Claims Code to help businesses understand their obligations under consumer protection law. For help on green claims and other issues, contact partner, Carlton Daniel , whose team specialises in advising on advertising law and regulation.

Advertising 57

Advertising Advertising Publishing Marketing 57

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

Olartemoure Blog

JANUARY 9, 2024

The Digital Markets Act (DMA), the groundbreaking EU law addressing antitrust, unfair competition, and consumer protection, has now designated major tech companies as gatekeepers. Offer the possibility to the companies to include advertisements on their platform with access to the gatekeeper’s performance measuring tools.

Designs 105

Designs Design Advertising Advertising 105

LexBlog IP

FEBRUARY 28, 2023

In a recent speech at the Sydney Morning Herald Sustainability Summit, ACCC Deputy Chair Delia Rickard cautioned businesses in that the ACCC is working closely with the Australian Securities and Investments Commission ( ASIC ) and the Clean Energy Regulator to address greenwashing issues. This is a global issue.

Marketing 52

Marketing Marketing Business Branding 52

Trademark and Copyright Law Blog

APRIL 25, 2022

Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Advertising best practices and what not to say. Neil Austin , Partner, Co-Chair, Advertising & Marketing Practice.

Advertising 40

Advertising Advertising Trademark Intellectual Property 40

Olartemoure Blog

FEBRUARY 10, 2024

the Super Bowl moves billions of dollars, mainly through advertising. Even small businesses that have used “Super Bowl” to advertise watch-parties, have received cease and desist letters from NFL lawyers. Arguably the most important sports event in the U.S.A., Since then, it has made a conscious effort to enforce this trademark.

Cease and Desist 105

Cease and Desist Trademark Advertising Advertising 105

IP Tech Blog

DECEMBER 3, 2021

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Instead, it provides a useful framework to enhance businesses’ understanding of their obligations when conducting in-game advertising. It is this crossover with the real world that has caught the regulator’s attention.

Advertising 67

Advertising Advertising Publishing Reporting 67

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