43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

MAY 11, 2022

The bill regulates “social media platforms,” defined as an “electronic medium” that allows “users to create, share, and view user?generated As they realize the bill’s implications, I’m hoping Minnesota parents will tell their Senators to scrap this effort. What The Bill Says. generated content.”

Social Media 143

Social Media Privacy Law Government 143

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 94

Social Media Advertising Advertising Law 94

The TTABlog

JANUARY 6, 2022

Applicant argued that BIO is conceptually weak for supplements, and the term HEALTH (by way of a dictionary definition) is merely descriptive of supplements and also conceptually weak."] In re Sunset Songs, LLC , Serial No. 90114652 (January 4, 2022) (Opinion by Judge Linda A. Kuczma)[not precedential].

Social Media 62

Social Media Advertising Advertising Music 62

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.

Intellectual Property 124

Intellectual Property Social Media Reporting IP 124

The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." The Board took judicial notice of definitions of the words "marketing," "consulting," and "managing." As to the third ground, the Board agreed with Examining Attorney Darryl M.

Marketing 70

Marketing Marketing Social Media Advertising 70

LexBlog IP

JUNE 30, 2023

Definitions Endorsements – The Commission broadened the list of examples, including social media post tags, though it also clarified that such things “can” be endorsements but are not always. Clear and Conspicuous – The Commission retained its proposed definition, which tracks recent Commission orders.

Social Media 52

Social Media Advertising Advertising Publishing 52

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

43(B)log

JUNE 20, 2023

Considered in context, “growing real food the right way,” “Pasture-Raised with Love,” “the best milk comes from happy cows,” and “[o]ur cows are social and so are we” were unmeasurable opinions. Dictionary definitions of “social” didn’t “provide a usable standard for defining a social cow.

Social Media 122

Social Media False Advertising Business Advertising 122

Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.” ” * Hoffmann Brothers Heating and Air Conditioning, LLC v. March 29, 2023).

IP 72

IP Advertising Advertising Copyright 72

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

43(B)log

JUNE 15, 2022

Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle. Here, the court denied Monster’s motion for partial summary judgment on the false advertising claim.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

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

43(B)log

SEPTEMBER 1, 2021

The dictionary definitions of the words “Peaky” and “Blinders” were not dispositive. It submitted 14 social media posts “which it contends shows consumers and retailers attributed a particular source to Defendants’ liquor and Plaintiff’s television show.” False advertising/passing off: Same basic problems.

Social Media 93

Social Media Television False Advertising Artistic Work 93

LexBlog IP

SEPTEMBER 22, 2022

Courts consider several factors when deciding whether secondary meaning has been established: “(1) the amount and manner of advertising; (2) the sales volume; (3) the length and manner of use; (4) consumer testimony; and (5) consumer surveys.” Showing your sales and advertising. ” Id. ” Id. Barbecue Marx , Inc.

Social Media 52

Social Media Advertising Advertising Trademark 52

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 91

Blogging Social Media Television Fair Use 91

Technology & Marketing Law Blog

MAY 23, 2022

Even if platforms could revamp their entire communities, they would lose substantial revenue from boycotts by advertisers who do not want their ads to appear next to vile, objectionable expression.” “HB20 may make using dominant social media platforms so distasteful they become virtually unusable for most of the public.”

Social Media 131

Social Media Law Publishing Blogging 131

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”).

Advertising 52

Advertising Advertising Branding Brands 52

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

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 98

Social Media Law Blogging Publishing 98

The TTABlog

NOVEMBER 5, 2021

Examining Attorney April Roach submitted dictionary definitions of "spectacles" that were "significant, consistent and persuasive ? Snap did not provide survey evidence, nor did it furnish sales and advertising figures, "often the most important evidence of acquired distinctiveness." And so, the Board affirmed the genericness refusal.

Social Media 67

Social Media Advertising Advertising Reporting 67

Herbert Smith Freehills

DECEMBER 8, 2022

Important changes will be made to the regime to ensure that consumer rights keep pace with market developments, in particular the trend towards online retail and online advertising. New guidelines on social media endorsements – Businesses may be liable for non-compliance by content creators promoting their brands. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

Important changes will be made to the regime to ensure that consumer rights keep pace with market developments, in particular the trend towards online retail and online advertising. New guidelines on social media endorsements – Businesses may be liable for non-compliance by content creators promoting their brands. Read more. .

Social Media 52

Social Media Branding Brands Branding 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

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

IP and Legal Filings

FEBRUARY 26, 2024

Today, the prevalence of such activities can be seen in online rummy advertisements on social media and the 2013 IPL match-fixing scandal. Furthermore, only a few states with specific legislation provide a clear definition of gambling, leaving online gambling to operate in a legal gray area.

Law 70

Law Licensing Government Advertising 70

Copyright Lately

FEBRUARY 6, 2022

. “And that typically begs the question about rights…” The world of NFTs is littered with examples of startups run by folks who either don’t know, don’t understand or don’t care about obtaining permission from the owners of the underlying work for the NFTs they’re advertising and minting.

Music 92

Music Social Media Artwork Intellectual Property 92

The IPKat

NOVEMBER 28, 2022

Amongst all of the issues, the one that drew the most attention would definitely be the launch of the $8-a-month verification service in selected countries such as the US, the UK, Canada, and Australia. In short, Twitter’s new verification (commonly referred to as “Twitter Blue”) is a pay-to-play verification scheme. This Kat is wrong.

Social Media 76

Social Media Branding Brands Branding 76

IP and Legal Filings

SEPTEMBER 14, 2023

For example, social media has been widely discussing the impact of micro-plastics on the environment and contemplating methods to reduce its release. A class action could also be initiated by the consumers themselves as a whole, being victims of false advertising.

Branding 78

Branding Brands Branding Trademark 78

LexBlog IP

OCTOBER 28, 2021

Traders must also disclose paid advertising and whether specific payments have been made to achieve a higher ranking in the search results. Increased Transparency obligations on traders: Ranking and search results: traders must provide clear information to consumers on the criteria used by traders to rank products in online searches.

Social Media 52

Social Media Business Contracts 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

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

Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. The definition clause under Sec. This association of KBC with his name, voice, and image, in general, was the root cause of a recent scam.

Branding 98

Branding Brands Branding Personality Rights 98

Technology & Marketing Law Blog

DECEMBER 19, 2023

Yet, to Justice Thomas stans, this non-precedential statement represents a more definitive analysis of Section 230 than the thousand-plus cases actually interpreting Section 230 over the past quarter-century, including the Fifth Circuit’s own long-standing precedent.

Designs 71

Designs Design Social Media Publishing 71

Technology & Marketing Law Blog

DECEMBER 12, 2021

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. That ruling has aged terribly because it’s so obviously wrong and ahistorical.

Copyright Infringement 115

Copyright Infringement Publishing Designs Design 115

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 98

Privacy Marketing Marketing Social Media 98

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