TorrentFreak

SEPTEMBER 19, 2022

The Digital Citizens Alliance ( DCA ) shared some new research that it carried out in partnership with piracy advertising expert White Bullet and cybersecurity outfit Unit 221B. However, with varying methodologies and definitions of ‘malicious’ it’s not easy to compare the findings. New Pirate Site Malware Research.

Advertising 87

Advertising Advertising Free Content Reporting 87

LexBlog IP

OCTOBER 20, 2022

In the proposed revision, the FTC put in a place marker for Kid Endorsements, saying, “Endorsements in advertisements addressed to children may be of special concern because of the character of the audience. Practices which would not ordinarily be questioned in advertisements addressed to adults might be questioned in such cases.”

Advertising 52

Advertising Advertising Marketing Marketing 52

43(B)log

AUGUST 1, 2022

Plaintiffs also sufficiently pled that they were directly harmed by RJR’s false and misleading advertising. Liability attaches to those who “[k]nowingly makes a false representation” as to the product “for sale,” and the definition of “sale” explicitly includes an “attempt to sell” the product or service. “[I]ndividuals

False Advertising 59

False Advertising Advertising Advertising Law 59

LexBlog IP

JANUARY 9, 2023

In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary supplements. So pay attention, marketers of foods and over-the-counter drugs and device manufacturers.

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43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. Examples included the use of terms such as “Sleep 55% Off Number Beds” and “Comfort Air Beds on Sale” in online advertisements. Baxter; 996 F.3d 3d 925 (8 th Cir. 1) was the error. (2)

False Advertising 59

False Advertising Advertising Advertising Trademark 59

Above the Fold

JULY 3, 2023

Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act.

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43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

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Advertising Advertising Settlement Contracts 64

Above the Fold

MAY 14, 2021

This proposed rule would update the definition of “healthy” and create a symbol for the “healthy” nutrient content claim. Food and Drug Administration (“FDA”) announced that it will be conducting research in conjunction with a new rule they plan to roll out. The FDA update is located here.

Advertising 40

Advertising Advertising 40

IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

Fair Use 89

Fair Use Advertising Advertising Branding 89

43(B)log

SEPTEMBER 3, 2021

The court found that plaintiffs plausibly showed that ski passes were encompassed within the definition of “services.” But “a reasonable consumer would understand this was a promise for a definite period: the period of the 2019/20 year ‘during which snow conditions allow for skiing and when people typically go skiing.’”

Contracts 59

Contracts Advertising Advertising Licensing 59

LexBlog IP

JULY 3, 2023

Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act.

Social Media 52

Social Media Advertising Advertising Editing 52

43(B)log

SEPTEMBER 30, 2021

We are definitely not there yet. I don’t have a very strong position on whether misleadingness should be empirically or normatively assessed, but I do think courts should be clear on what they’re doing and not bounce unpredictably between the two concepts.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

The TTABlog

FEBRUARY 12, 2024

As to incongruity, “it must be shown that in combination the descriptiveness of the individual words has been diminished, that the combination creates a term so incongruous or unusual as to possess no definitive meaning or significance other than that of an identifying mark for the goods.”

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Advertising Advertising Trademark Designs 117

43(B)log

SEPTEMBER 16, 2021

Perplexingly, the court also suggested that in comparative advertising defendants would be bound by Neo4j’s trademark guidelines, which does not seem exactly right unless those guidelines happen to reproduce the law (perhaps they do). Summary judgment granted on state and federal false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

The TTABlog

APRIL 19, 2024

In support, Eureka submitted third-party website excepts and online dictionary and encyclopedia definitions for woolwax and lanolin. In sum, there is no evidence regarding the impact or extent of the advertising or marketing efforts. In any case, "that length of time is not persuasive given the highly descriptive nature of WOOLWAX."

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Advertising Advertising Registration Marketing 57

43(B)log

JANUARY 12, 2024

10, 2024) Plaintiffs alleged that advertising Evian as “carbon neutral” violated the consumer protection statutes of New York, Massachusetts, and California, and constituted breach of express and implied warranties, unjust enrichment, and fraud. Danone Waters, 2024 WL 112843, No. 8717 (NSR) (S.D.N.Y.

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Marketing Marketing Advertising Advertising 69

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The court says there can’t be MULTIPLE instances of INITIAL interest confusion: By definition, initial interest confusion is “confusion that creates initial customer interest.” Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

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Trademark Advertising Advertising False Advertising 77

43(B)log

MARCH 29, 2024

22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. That’s not my department !) “[W]hether a term with multiple, contradictory definitions or interpretations has the capacity to mislead is best left to ‘six jurors, rather than three judges, [to] decide on a full record.’”

Law 59

Law Advertising Advertising Branding 59

Plagiarism Today

MAY 4, 2022

However, since VPNs are commonly used as a way to ensure privacy while engaging in pirate activities, it could definitely have impacts there. However, 18 months ago, the site removed all advertising and sought to keep itself afloat with donations. According to the Indian government, the new policy takes effect June 27.

Copyright Notice 189

Copyright Notice Plagiarism Licensing Privacy 189

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

Plagiarism Today

OCTOBER 20, 2021

1: Pizza Companies Sued for Copyright Infringement of Advertising Photo. The version of the movie released is a high definition edition from Europe, which isn’t as high of quality as some had hoped. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Copyright Infringement 212

Copyright Infringement Licensing Plagiarism Editing 212

LexBlog IP

APRIL 10, 2023

In its motion to dismiss, the licensor argued that the grant of the right to open a restaurant using the “Rooh” trademark and business concept did not meet the definition of franchise under the CFIL or any other franchise laws claimed by the licensee to be violated.

Licensing 52

Licensing Trademark Business Advertising 52

TorrentFreak

OCTOBER 19, 2022

For example, domain registrars and hosting services are regularly called out, and the same is true for advertising and payment companies. The i2Coalition’s submission to the USTR notes that its members value copyright protection efforts but cautions against making the “notorious markets” definition too broad.

Marketing 122

Marketing Marketing Copyright Technology 122

LexBlog IP

DECEMBER 22, 2022

As we head into 2023, advertisers, publishers, ad tech companies and others involved in the digital advertising ecosystem are facing significant challenges when it comes to data. As with much of the terminology used in this space, the definition of “clean room” may depend on whom you ask. Definitely yes.

Privacy 52

Privacy Advertising Advertising Publishing 52

Technology & Marketing Law Blog

DECEMBER 27, 2023

It would be as if an image within a newspaper advertisement were not commercially used until a customer paid their quarter, unlocked the newsrack, opened the paper, began reading, opened the page containing the relevant circular, and saw it. Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.”

IP 71

IP Advertising Advertising Copyright 71

Michael Geist

SEPTEMBER 21, 2022

But the problems with expansive definitions in the bill are not limited to the “making available” provision. Bill C-18’s definitions for “news content”, “news business”, and “news outlet” are also exceptionally broad, raising their own series of concerns. solicitation, design or production of advertising; f.

Journalism 80

Journalism Editing Business Government 80

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. While keyword advertising uses trademarked words to divert customers, cybersquatting involves acquiring domain names to benefit from trademarks. Case Study: Satyam Infoway Ltd.

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Trademark Social Media Advertising Advertising 88

43(B)log

SEPTEMBER 27, 2021

13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to false advertising cases—look at the reasons this false advertising claim fails. AFC sued MedHelp for Lanham Act false advertising. And it was also ambiguous whether “Birmingham” meant with or without its suburbs.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

TorrentFreak

DECEMBER 20, 2023

It regularly involves organized crime groups that tap into source signals and rebroadcasts them to profit from the advertising views they generate. McKnight doesn’t offer a concrete definition but stresses that online services can take stricter actions against people who repeatedly post infringing content.

Social Media 90

Social Media Advertising Advertising Law 90

LexBlog IP

JANUARY 25, 2024

This month’s issue of Ping® highlights some trends in digital advertising. However, the Illinois law is unique in that it provides for a broad definition of “commercial purpose,” which includes any use that is “primarily intended for commercial advantage or monetary gain.”

Law 59

Law Advertising Advertising Marketing 59

TorrentFreak

MAY 25, 2023

. “The law is full of definitions and categorizations of different providers of online ‘intermediary services,’ including ‘caching, mere conduit, hosting, online platforms, very large online platforms, and very large online search engines.

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Intellectual Property Social Media Reporting IP 121

43(B)log

MARCH 8, 2024

Kandel alleged that Gross Skincare deceptively labeled and advertised its skincare products as containing collagen when, in fact, they do not. Dennis Gross Skincare, LLC, 2024 WL 965621, No. 23-cv-01967 (ER) (S.D.N.Y. 5, 2024) Similar California litigation at a later stage.

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Branding Brands Branding Advertising 59

Above the Fold

APRIL 27, 2022

After the recent passage of Earth Day, companies released a number of advertisements promoting sustainable initiatives, earth-friendly products, and eco-conscious production methods. Check Definitions: Certain claims, like “compostable” and “degradable” have scientific definitions that must be met in order to use these terms.

Advertising 52

Advertising Advertising Marketing Marketing 52

43(B)log

APRIL 29, 2024

The relevant conduct is use of a trademark “in commerce” “in connection with any goods or services,” specifically “the sale, offering for sale, distribution, or advertising,” in a manner “likely to cause confusion.” Use in commerce” covers “the sale, offering for sale, distributing, or advertising of any goods or services.

Advertising 59

Advertising Advertising Trademark Branding 59

43(B)log

SEPTEMBER 13, 2022

12, 2022) An insurance coverage case about a false advertising claim that doesn’t turn on “advertising injury”! Did the undefined term “unfair trade practices” include consumer protection and false advertising? DBA Godiva Chocolatier, Inc. Endurance Am. N21C-10-100 MMJ CCLD, 2022 WL 4128608 (Del.

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False Advertising Settlement Advertising Advertising 59

43(B)log

AUGUST 25, 2022

The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., This allegedly breached Nexo’s duty of good faith and fair dealing and constituted a violation of California’s UCL. The court partially granted/denied Nexo’s motion to dismiss.

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False Advertising Ownership Advertising Advertising 59

43(B)log

JANUARY 30, 2024

At the pleading stage in this case, the court held that the plaintiff’s definition of “non-toxic” — that “the product[s] did not pose any risk to humans, animals, or the environment” — was sufficient. Here, whether the plaintiff’s asserted definitions are reasonable were for the jury to decide as part of the overall reasonable-consumer test.

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Law False Advertising Advertising Advertising 59