LexBlog IP

AUGUST 18, 2021

Whether it’s a seasoned designer coming with plug-and-play experience or a fresh face just out of design school, sometimes it just doesn’t work out. Recently, several of my designer clients have had to fire an employee due to the employee’s misconduct. Review the contract. Reconcile and pay. reportAd: {.

Advertising 86

Advertising Advertising Art Law 86

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Yet plaintiffs are suing Vogue , because Vogue has an agreement with the website Moda Operandi to link from Vogue to Moda if anyone wants to purchase the designer clothes featured in Vogue online stories. In one way, it's a replay of the Stewart v.

Advertising 64

Advertising Advertising Designs Design 64

43(B)log

AUGUST 5, 2022

4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. LFI allegedly used the “concepts, designs and ideas” from GDI’s samples to launch a new line of products with a larger cosmetics company, Morphe. Insider Inc.

Advertising 59

Advertising Advertising False Advertising Contracts 59

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike.

Litigation 85

Litigation Contracts Advertising Advertising 85

LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including, designers, tradespersons, and most importantly, consumers.

Designs 52

Designs Design Law Contracts 52

IPilogue

JULY 15, 2021

Behind every costume is a designer whose vision and design breathes life into characters. But behind every designer, other figures may undercut and miscredit them. Disney’s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry.

Licensing 106

Licensing Contracts Designs Design 106

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.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Designed in US” can also work. Joseph Lewczak: FTC v. distribution of prizes if any.

Advertising 40

Advertising Advertising Law Privacy 40

IP Law 360

JUNE 27, 2022

Two developers have denied stealing software designs from their former employer for a winning bid for an advertising analysis contract, claiming they came up with the system independently and were contractually allowed to do so.

Contracts 40

Contracts Advertising Advertising Designs 40

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

IP Law 360

MAY 13, 2022

Two software developers are being sued by their former employer, which has accused them of stealing the designs behind a winning bid on an advertising analysis contract that the video advert manager had competed for.

Contracts 40

Contracts Advertising Advertising Designs 40

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 135

Contracts Publishing Law Government 135

43(B)log

FEBRUARY 4, 2022

False advertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”

False Advertising 83

False Advertising Advertising Advertising Designs 83

The TTABlog

JULY 31, 2023

Kenneth Thomas , Opposition No. August 3, 2023 - 1 PM: Mealpass, Inc. Mealpal, Inc. Cancellation No. 92077915 [Petition for cancellation of a registration of the mark MEALPASS for "online marketplace that offers a membership plan to select and purchase lunch from participating restaurants," on the ground of abandonment.] Opposition No. Serial Nos.

Contracts 52

Contracts Registration Designs Design 52

43(B)log

AUGUST 10, 2021

6, 2021) (R&R) Shenzhen sought a declaratory judgment that a design patent for a toy gnome figurine was unenforceable and invalid, given that defendant/counter-plaintiff Tatiana Mironova allegedly purchased its stuffed gnome toys, then switched manufacturers and obtained a patent for an identical ornamental design without authorization.

Advertising 59

Advertising Advertising Designs Design 59

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. Even if the new definition applied, the court questions if GMB was the one to “advertise and offer” the boat, as opposed to Chaves: it is Chaves who places the advertisement on GMB’s website.

Contracts 73

Contracts Advertising Advertising Privacy 73

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

Patently-O

FEBRUARY 10, 2022

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. Junker designed the handle with “large, rounded Mickey-Mouse-shaped ears” to make it easier to handle.

Business 76

Business Patent Invention Design Patent 76

Indiana Intellectual Property Law

FEBRUARY 23, 2023

They also assigned their entire right, title and interest in any idea, invention, design of a useful article, computer program and related documentation, as well as any other work of authorship made or conceived by them that relate to the actual or anticipated business for or on behalf of MaddenCo or its subsidiaries.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 96

Contracts Registration Designs Design 96

43(B)log

JANUARY 13, 2022

The complaint alleged that, “Coinbase, based on in-depth, empirical data from a previous sweepstakes, knew that the wording, design, and presentation of their Dogecoin sweepstakes advertisements would cause most users never to see the information about the alternative ways to enter on the separate ‘rules and details’ webpage.”

Contracts 59

Contracts Advertising Advertising Government 59

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 warning came as a result of complaints from various artists and designers who assert that their works are being distributed on various platforms without benefitting them.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

LexBlog IP

FEBRUARY 16, 2024

In the past, famous people simply served as the face of a brand or endorsed a product in a short advertisement. This includes providing input on package or product designs and colorways and overseeing the production process. This is a common approach for celebrities who contract through an entity on a loan-out basis.

Social Media 52

Social Media Intellectual Property Contracts Branding 52

43(B)log

MARCH 6, 2024

1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” The court mostly denied Qoins’ motion to dismiss the resulting claims, including breach of contract and libel. Qoins Technologies, Inc.,

False Advertising 45

False Advertising Advertising Advertising Business 45

43(B)log

OCTOBER 12, 2022

Litigation ensued, with lots of claims, including the Lanham Act claims on which I will focus, though breach of contract claims were prominent and survived a motion to dismiss. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. Critiques about “issues of methodology, survey design, reliability, the experience and reputation of the expert, critique of conclusions, and the like go to the weight of the survey rather than its admissibility.”

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

OCTOBER 25, 2023

” The court doesn’t address the potential licensing market for the tattoo design. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. In other words, not even close. Purpose and Character of Use. Warner Bros.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

43(B)log

JULY 1, 2022

30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Continental Diamond Tool Corp., 2022 WL 2355481, No. 1:21-CV-274-HAB (N.D.

Advertising 59

Advertising Advertising False Advertising Public Use 59

Michael Geist

JULY 13, 2022

This has implications for the treatment of digital services, digital advertising revenues, and other digital commercial activities. This provision is often referred to as a culture “poison pill” as it designed to discourage the use of the exemption. It provides: Article 19.4: With the U.S.

Government 145

Government Designs Design Contracts 145

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 96

Artwork Trademark Publishing Marketing 96

LexBlog IP

FEBRUARY 2, 2023

Online platforms/search engines, whose numbers reach the threshold of 45 million average monthly active recipients in the EU, will be designated by the Commission as very large online service providers ( VLOPs ) or very large online search engines ( VLOSEs ). The number must be calculated as an average over the period of the past six months.

Publishing 52

Publishing Contracts Technology Designs 52

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”

False Advertising 59

False Advertising Advertising Advertising Business 59

The IPKat

NOVEMBER 15, 2022

NFTs are created through smart contracts, pieces of code (a smart contract is a software, in other words) which are deployed on a blockchain through specific transactions (technically speaking, a transaction is a record written on the blockchain’s distributed ledger).

Contracts 82

Contracts Non-Fungible Tokens Technology Advertising 82

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.]

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

MAY 3, 2023

But MacNaughton had already spent money on Young Living’s products, including lavender oil advertised to “promote[] [a] feeling of calm and fight[] occasional nervous tension” and peppermint oil that allegedly “helps to maintain energy levels.” Young Living continued to advertise the products as being “therapeutic-grade.”

Law 52

Law False Advertising Advertising Advertising 52

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). I posted a chapter from the book: Online Contracts.

Editing 88

Editing Social Media Blogging Advertising 88