43(B)log

MARCH 22, 2023

The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law.

Trademark 78

Trademark False Advertising Advertising Advertising 78

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. and many markets globally.” “So

False Advertising 64

False Advertising Advertising Advertising Litigation 64

LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

IP 52

IP Designs Design Copying 52

TorrentFreak

SEPTEMBER 8, 2023

“At a basic level – and common to all the technical devices mentioned – AAPA would like to see the production, marketing and distribution of any device which can be used to infringe IP made illegal” – Sheila Cassells. What’s AAPA’s position there? As for the mobile phone, it’s an infringement machine.

IP 112

IP Intellectual Property Marketing Marketing 112

TorrentFreak

JANUARY 19, 2024

Among them were uhuseries.com, owlserieshd.com, and ahaseries.com, relatively popular streaming platforms targeting the Thai market. For someone with no technical skills, that’s a pretty clear invitation to leave everything well alone, including any attempt to apply any security fixes, in the unlikely event any are issued at all.

Advertising 91

Advertising Advertising Intellectual Property Editing 91

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. Uber Technol., 20-cv-2320 (PKC) (S.D.N.Y.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

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. Not a lot of US action on sweepstakes.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

APRIL 17, 2023

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act. During times when Defendants “have failed to meet their commitments to Usana”—i.e.,

Advertising 52

Advertising Advertising Editing Litigation 52

LexBlog IP

DECEMBER 7, 2022

But, we warned, dark patterns had the potential to dramatically reshape how we look at marketing and blur if not obliterate the lines between clever marketing and unlawful marketing. And it may be time to pay closer attention to some of the things your marketing department is doing.

Web Design 52

Web Design Marketing Marketing Registration 52

LexBlog IP

MAY 4, 2023

According to Meta’s report, “to target businesses, malicious groups often first go after the personal accounts of people who manage or are connected to business pages and advertising accounts. ” The Meta report provides useful tools to guard against these attacks and responses in the event a device is affected. .”

Privacy 40

Privacy Reporting Designs Design 40

IP and Legal Filings

SEPTEMBER 2, 2021

Today’s Olympic games stage a myriad of sports events wherein the best athletic talents worldwide participate and compete. Trademarks, industrial designs, and domain names are examples of IPs interrelated to multiple aspects of the Olympic games. This Olympic torch was protected as an industrial design. Image Source: Flickr].

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 52

Michael Geist

OCTOBER 4, 2022

Indeed, critics will rightly note the market distortion it creates for private entities who stand to lose further advertising-related revenues to the CBC, while supporters should be concerned that the bill undermines the CBC’s claim to a public interest role and makes an ad-free version of the service even less likely.

Advertising 89

Advertising Advertising Television Government 89

Technology & Marketing Law Blog

FEBRUARY 18, 2024

.” The court explains: as in Twitter, the Alibaba Defendants’ acts — such as promotional emails advertising Merchant Defendants’ products — are primarily if not wholly algorithmically-generated. Alibaba appeared first on Technology & Marketing Law Blog. But here, such evidence was, and is, lacking.

Blogging 87

Blogging Advertising Advertising Trademark 87

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

TorrentFreak

JANUARY 8, 2024

Caveats Create Niche Market FAST’s main quid pro quo is the installation of an official app through which viewing takes place. Designed to be used as live links rather than downloaded, these.m3u8 files are not only convenient and easy to use. They automatically update when providers change their stream URLs.

Advertising 107

Advertising Advertising Copyright Copyright Infringement 107

Technology & Marketing Law Blog

FEBRUARY 12, 2024

The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” From my view, a photo of a real-time event never should be given “thick” copyright protection. ” Market Effect. ” The district court granted summary judgment to IJR.

Fair Use 89

Fair Use Licensing Copyright Marketing 89

TorrentFreak

AUGUST 24, 2021

YouTuber ‘Touchtone’ (Raul Orelanna) was later added as a defendant in an amended complaint alongside accusations he was paid $500,000 to market the service. Nitro TV advertising emphasized converting customers from cable or satellite television services such as those provided by DISH,” the complaint reads.

Television 134

Television Copyright Infringement Advertising Advertising 134

The TTABlog

JULY 24, 2023

Swiss watchmaker Audemars Piquet opposed applications to register MOSSY OAK and MOSSY OAK & Design for watches and jewelry on the grounds of likely confusion with and likely dilution of the registered mark ROYAL OAK , in standard character and stylized form, for watches.

Registration 52

Registration Designs Design Advertising 52

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” This is a case focusing on ownership of social media accounts. The court also found “Ms.

Social Media 98

Social Media Ownership Branding Brands 98

LexBlog IP

SEPTEMBER 20, 2022

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. But back here, other than high-level, broad definitions that could theoretically deem advertising itself a dark pattern, there has been a lack of clarity on the issue.

Reporting 52

Reporting Privacy Advertising Advertising 52

IIPRD

NOVEMBER 22, 2023

Influencing others via social media is one of the most influential and efficient method of marketing and they get good pay out from it. Ensuring Compliances of IP laws Trademarks and logos: On media platforms, names and emblems are commonly used to advertise companies and services, both visually and orally.

Social Media 59

Social Media IP Intellectual Property Copying 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 any event, the claims/labels don’t matter to anti-SLAPP motions: even though X Corp. to lose significant advertising revenues.” “X Corp. We need more of that.

Litigation 86

Litigation Contracts Advertising Advertising 86

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. However, this bill is itself a giant counterfeit. ” I mean, pretty much every physical product meets this definition, right?

Trademark 137

Trademark False Advertising Advertising Advertising 137

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The author presents a case pending before the Supreme Court Patent that addresses this question ( Olaf Sööt Design, LLC v. Daktronics, Inc.,

Blogging 125

Blogging IP Non-Fungible Tokens Cease and Desist 125

43(B)log

SEPTEMBER 1, 2021

Pennsylvania alleged, that in connection with the marketing, distribution, and sale of their products, certain defendants prepared and distributed material safety data sheets (MSDSs), which are documents used by manufacturers of hazardous materials to address OSHA hazard communication requirements. Commonwealth by Shapiro v.

Advertising 59

Advertising Advertising Litigation Designs 59

Technology & Marketing Law Blog

JUNE 14, 2024

“there is only a tenuous connection between, on the one hand, Defendants’ design, operation, and promotion of the platforms and, on the other, a minor user’s decision to destroy or deface school property. ” Imagine a reframing: “can for-profit businesses encourage greater customer loyalty using product marketing?”

Social Media 62

Social Media Publishing Designs Design 62

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents.

Trademark 59

Trademark Registration Copyright Patent 59

TorrentFreak

JANUARY 26, 2024

“We may be able to provide you with information based on crimes classified as an offense under the Copyright, Designs and Patents Act 1988 and specifically related to illegal streaming. .” Yorkshire Police note that a revised request may be considered but even then, reasons exist for not providing the requested information.

Web Development 95

Web Development Reporting Copyright Editing 95

Garrigues Blog

MAY 17, 2021

The aim is none other than to ensure that in the event of a breach, the national authorities have access to the information needed to investigate whether the use of the AI system complied with the national law applicable. Limited risk systems. How to enforce compliance.

Intellectual Property 72

Intellectual Property Designs Design Copyright Infringement 72

SpicyIP

MAY 18, 2022

Though it is not easy to find a comprehensive list of all such trademarks in India (the website of the Indian TMR is so yesterday), recently advertised trademarks throw light on such activity. If not for these efforts, the virtual goods market has the potential to be very competitive. Some examples under class 9 include: S.No.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Technology & Marketing Law Blog

NOVEMBER 15, 2022

In other words, the law simply wasn’t designed to redress the plaintiffs’ concerns. If the publisher cannot sufficiently curb bad actors from overrunning the service, then advertisers will flee, users will not pay to access low-quality content, and UGC publishers will lack a tenable business model that puts the entire enterprise at risk.

Publishing 95

Publishing Government Contracts Law 95

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

LexBlog IP

JANUARY 4, 2022

There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. To say it was an eventful year would be an understatement. Moving into 2022, the FTC will be kicking off its review of the Environmental Marketing Guides. Another year has come and gone.

Advertising 52

Advertising Advertising Marketing Marketing 52

Corsearch

APRIL 19, 2023

For all brands and marketers, the purpose driven element is critical. Gone are the days of consumers relying on official company websites and advertising to make purchasing decisions. For the last 30 years, Tommy Hilfiger has pioneered the use influencers within marketing. And for brands, it’s the same.”

Branding 40

Branding Brands Branding Social Media 40

Michael Geist

APRIL 20, 2023

There are other events, such as the upcoming finals of the popular Eurovision Song Contest, which will be broadcast on TikTok for a second year in a row. It is up to the creator to trigger the Content ID system and to choose whether to advertise against those third party uploaded videos.

Government 95

Government Social Media Law Music 95

The IPKat

OCTOBER 16, 2023

In the course of this event, Elon Musk briefly announced Tesla’s intention to sell ‘Gigabier’ by saying “and we’re even gonna have a beer”. In the background, the bottle design was displayed (see pictures below). One day after this event, on 10 October 2021, Juicyphant GmbH (‘Juicyphant’) filed for registration of EU trade mark no.

Art 77

Art Registration Social Media Publishing 77