Michael Geist

DECEMBER 13, 2022

designed to scope out user content from CRTC regulation, consistent with the government’s stated intent. Added provision blocking CBC from running “advertorial” (blended advertising and editorial) content (ie. “an an advertisement or announcement on behalf of an advertiser that is designed to resemble journalistic programming”) .

Government 99

Government Advertising Advertising Reporting 99

Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition).

Editing 89

Editing Social Media Blogging Advertising 89

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

IP and Legal Filings

FEBRUARY 15, 2024

The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution. The surveillance on viewing the habit of individuals is often used to advertise similar targeted content.

Privacy 91

Privacy Social Media Advertising Advertising 91

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

DECEMBER 1, 2023

Montana’s TikTok Ban Overview In May, Montana banned TikTok in the state so long as it is owned by a company (in this case, ByteDance) that is incorporated in China, a country designated as a foreign adversary. There is evidence to support Plaintiffs’ position that TikTok is not interchangeable with other social media applications.

Social Media 81

Social Media Privacy Law Publishing 81

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.” Consequences supported by scientific findings, even if exaggerated or non-modal, are still, by definition, factual.” Now it’s the 5 th Circuit’s turn.

Advertising 64

Advertising Advertising Social Media Government 64

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 128

Social Media Advertising Advertising Designs 128

The TTABlog

JUNE 11, 2021

In re Sausser Summers, PC , 2021 USPQ2d 618, (TTAB 2021) [re-designated as precedential] (Opinion by Judge Christopher Larkin). Cornwell relied on dictionary definitions and evidence of third-party use of the term "online trademark attorney(s)" or close variants. 2018) (quoting In re Boston Beer Co. , Examining Attorney Andrea B.

Social Media 40

Social Media Advertising Advertising Business 40

Technology & Marketing Law Blog

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” Publisher/Speaker Claims. Citing Doe v. ” Third-Party Content.

Blogging 88

Blogging Social Media Editing Designs 88

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

43(B)log

JULY 6, 2022

The court rejected defendants’ arguments that the putative classes were too heterogenous for certification: Some of the identified differences – for example, differences in advertisements that the named plaintiffs or class members may have seen over time or differences in the amount of JUUL product purchased – are simply not material.

Social Media 59

Social Media Marketing Marketing Advertising 59

43(B)log

NOVEMBER 8, 2023

Malwarebytes, which allowed a false advertising claim to proceed based on one software provider’s use of the terms “malicious” and “threat” to describe its alleged competitor’s software, despite a dissent raising free speech arguments. Then I’ll talk about the 9 th Circuit case Enigma Software v. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

SpicyIP

OCTOBER 16, 2023

The court held that the defendant’s advertising falls under the ambit of permissible comparative advertising, rejecting the plaintiff’s claims and emphasized on a competitor’s right to prevent disparagement while allowing reasonable product promotion. POI Social Media Pvt. Tejaswini writes on this development.

Due Diligence 59

Due Diligence Invention IP Copyright 59

IP and Legal Filings

FEBRUARY 20, 2024

” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something. Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. Shakespeare’s utopian visionary quote “what’s kept in a name”?

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. Thus, Universal argued that the alleged misrepresentation was too vague and non-specific to definitely represent that viewers would see De Armas or her segment in the movie. of a motion picture.”

False Advertising 72

False Advertising Advertising Advertising Social Media 72

Technology & Marketing Law Blog

DECEMBER 19, 2023

The lower court was unpersuaded: “Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock.” Here, Doe brings a design defect claim. Take away those messages, and the plaintiff’s negligent design claim would be nonsensical.

Designs 72

Designs Design Social Media Publishing 72

Technology & Marketing Law Blog

JULY 1, 2022

25, 2022): “the publicly available online blogs at issue in this case are within the broad definition of ‘news media’ as used in” the False Claims Act. * WSJ : How the Trump Social-Media Ban Paid Off for Trump, Platforms. Advertising. JP Morgan Chase Bank NA, 2022 WL 573663 (S.D. It depends.

Blogging 91

Blogging Social Media Government Advertising 91

43(B)log

AUGUST 3, 2023

So too w/false advertising. Advertising: false endorsement potential. Actors’ strike is in part about who controls past performances if they’re being used to populate new media productions? Assumptions skipped over in TM/false advertising analysis.] Keep up with the culture by considering social media.

Registration 52

Registration False Advertising Advertising Advertising 52

43(B)log

SEPTEMBER 8, 2021

True, “generic” and “descriptive” are separate legal definitions along the distinctiveness spectrum. Even if this evidence were relevant, the definitions of “generic” and “descriptive” were overlapping and confusing. By the Poret Survey’s own definition, those terms are therefore generic.

Copying 83

Copying Marketing Marketing Social Media 83

Technology & Marketing Law Blog

DECEMBER 12, 2021

These “bad design” arguments to work around 230 have been rejected repeatedly. Based on the facts alleged, there is no reason to believe that even if Schmidt’s estranged husband had not purchased a gun from a person who posted an advertisement on the Armslist website, Schmidt would still be alive. Negligence.

Copyright Infringement 116

Copyright Infringement Publishing Designs Design 116

Technology & Marketing Law Blog

JUNE 21, 2023

1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. Parody doctrine can apply when a similar mark is used as a designation of source, such as in the Chewy Vuiton case. Source-identifying uses of marks.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

APRIL 7, 2023

YouTube is an OCSSP, but other than that much is unclear—are all different types of social media OCSSPs? We don’t have definite caselaw. 22 requirement to ensure that notices submitted by trusted flaggers w/in their designated area of expertise, should be processed w/o undue delay. What does it mean for design of rules?

Copyright Law 40

Copyright Law Law Copyright Art 40

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. Merck Sharp and Dohme v. SMS Pharmaceuticals [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

FEBRUARY 24, 2024

Other examples: design patent, as Sarah Burstein has writte n. We know that automated systems designed to flag infringements get lots of false positives b/c they can’t recognize fair use; may also be false negatives, though that’s not the focus. McGeveran: that’s definitely Wal-Mart. NYU Press, 2016). That’s the Amazon effect!

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

FEBRUARY 3, 2023

They don’t use it often but they definitely have it, and more courts are following the Belmora approach of saying 43(a) gives them that authority.] (3) Alex Roberts, Multi-Level Lies Marketing and advertising claims made by laypeople selling through MLMs. Lemley: is/should there be contributory false advertising liability?

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

JANUARY 18, 2022

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

Registration 45

Registration Ownership Social Media Marketing 45

IP and Legal Filings

SEPTEMBER 12, 2022

Additionally, when it comes to videos, we live in a time of social media where the platforms are made up of recreations and iterations of works. The issue of copyrightable material for modern art that is object-based or based on a design still exists, though. Thus, the issue of uniqueness is raised. Abstract Art. Corel Corp.

Art 52

Art Copyright Artistic Work Public Domain 52

43(B)log

APRIL 7, 2023

DSA: they’re designer, adjudicator, rights protector, systemic risk avoider—much more detailed, rule-oriented role if they choose DSA path. Demands to control social media—take down posts from political rivals, block full services—are common around the world. Which regime to choose?

Art 45

Art Copyright Settlement Moral Rights 45

Technology & Marketing Law Blog

JANUARY 18, 2022

Some of the confusion is due to plaintiffs stretching FOSTA to reach tertiary defendants far removed from the victimization or reach facts (like republication of commercial pornography) that seem outside the statutory definitions. ” Benefit from the venture. Scienter about sex trafficking. Ruling #1: A.B. Salesforce, 2021 U.S.

Blogging 121

Blogging Reporting Publishing Law 121