IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark 87

Trademark Social Media Advertising Advertising 87

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

Business 131

Business Contracts Branding Brands 131

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 78

Copyright Fair Use Social Media Artwork 78

The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.”

Social Media 62

Social Media Advertising Advertising Music 62

Trademark and Copyright Law Blog

JANUARY 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices.

Advertising 40

Advertising Advertising False Advertising Social Media 40

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

Art Law Journal

APRIL 13, 2022

If you are a non-professional artist who is eager to turn your artistic talents into a career in graphic design, you’ve come to the right place. In this article series, you’ll find valuable information on building and maintaining a career in the creative space, including learning graphic design. What does a graphic designer do? .

Graphic Design 52

Graphic Design Designs Design Art 52

Art Law Journal

DECEMBER 29, 2021

We cover topics including career paths, preparing for interviews, using social media to grow your footprint, networking, and much more. Here we break down the different types of firms, agencies, and design companies so that you can make an informed decision that makes the most sense for you! Top Advertising Agencies.

Graphic Design 52

Graphic Design Designs Design Web Design 52

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

The TTABlog

APRIL 2, 2024

"The mark consists of a three-dimensional configuration of the interior of a hex shaped box with a honeycomb configuration of seven interior hexagonal indentations on the bottom of the box and the design of a six point star, having flat points, on the top of the box. Opposer Taylor admitted that alternative designs are available.

Designs 57

Designs Design Social Media Registration 57

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. ” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. ICS Provider. ICS Provider.

False Advertising 85

False Advertising Social Media Publishing Advertising 85

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

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). Comments on CA AB 2273, The Age-Appropriate Design Code Act). Books and Academic Articles. Analysis of CA AB587).

Editing 88

Editing Social Media Blogging Advertising 88

LexBlog IP

AUGUST 23, 2023

. (“Palacio del Rio”) sought two registrations for the river-side view and street-side view of its modular designed building for hotel services. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? See Figure 2.

Designs 52

Designs Design Advertising Advertising 52

Indiana Intellectual Property Law

MARCH 14, 2023

Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. According to their website and social media pages, today Starmark manufacturers hundreds of alternative containers and rental inserts daily. Batesville was founded in 1884 as the Batesville Coffin Company.

Patent Infringement 40

Patent Infringement Social Media Patent Designs 40

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

Dragons' Den

FEBRUARY 16, 2023

In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. Alex explained that his company’s algorithm takes an artist’s data and then turns it into targeted and practical marketing. Zoe told the Dragons that she has applied for a ‘design utility patent’.

Designs 52

Designs Design Music Invention 52

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

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 92

Privacy Social Media Advertising Advertising 92

43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various social media outlets including Natorp’s private website, Facebook, and Pinterest.” McCleese v.

Copying 64

Copying False Advertising Social Media Advertising 64

43(B)log

MARCH 21, 2024

Peacock alleged that Pabst violated consumer protection law by marketing “The Original Olympia Beer” as using naturally filtered, artisan water from Tumwater, Washington (a suburb of Olympia, Washington) “despite the product being brewed elsewhere in the country using lower quality water and brewing methods.” Pabst Brewing Co.,

Social Media 59

Social Media Marketing Marketing Designs 59

Michael Geist

DECEMBER 19, 2022

In Twitter’s case, the company took the position that certain links posted by users – namely links to rival services – create unfair competition since Twitter is competing with services such as Instagram for the same user base and the same advertisers. paid advertising). negotiated or arbitrated licence).

Social Media 84

Social Media Advertising Advertising Government 84

43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

Social Media 59

Social Media Marketing Marketing Advertising 59

Michael Geist

APRIL 20, 2023

When they make money from these activities, social media companies must be obliged to reinvest in our creators and into local content creation. The specific use case: The amendment could also fail to achieve its own stated purpose to capture commercial sound recordings broadcast by social media platforms. Section 4.1(2)

Government 103

Government Social Media Law Music 103

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Plaintiff (dba Whisker) sued defendant (dba Smarty Pear), its competitor in the market for automated, self-cleaning litter boxes.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Corsearch

APRIL 19, 2023

Read insights from fashion brand Tommy Hilfiger and a leading social media consultant on how brands can raise awareness of the dangers of counterfeits and turn this into a positive message for change. For all brands and marketers, the purpose driven element is critical. And for brands, it’s the same.”

Branding 40

Branding Brands Branding Social Media 40

TorrentFreak

DECEMBER 24, 2021

In an injunction application dated December 2, 2021, Nintendo requested a website blocking order under section 97A of the Copyright, Designs and Patents Act 1988. It targeted six major ISPs (BT, EE, Plusnet, Sky, TalkTalk and Virgin Media) demanding that they block subscriber access to five domains carrying NSW2U and NSWROM branding.

Social Media 139

Social Media Artwork Copyright Reporting 139

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 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

TorrentFreak

MARCH 4, 2024

The site is designed to be user-friendly while remaining resilient to enforcement measures. By making textbooks available to students for free, rightsholders are losing revenue, which leads to lower payments for authors and devalues the market as a whole, the publishers complain. $30

Publishing 98

Publishing Social Media Copyright Infringement Copyright 98

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.” A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge. 4th 760 (5th Cir.

Advertising 64

Advertising Advertising Social Media Government 64

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ”

Government 52

Government Advertising Advertising Social Media 52

TorrentFreak

JULY 10, 2023

Two other positions useful to copyright holders include a position on the board of the Advertising Ethics Committee at the Advertising Council, and a vice-presidency of the Supervisory Board at the Association of Internet Industry Employers. Offering TV shows and focused on the Bulgarian market, the platform received an average of 1.6

Intellectual Property 81

Intellectual Property Advertising Advertising Social Media 81

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

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

Art Law Journal

JANUARY 6, 2022

We cover topics including career paths, preparing for interviews, using social media to grow your footprint, networking, and much more. The creative designer sees the big picture. Roles like these often require a bachelor’s degree in commercial art such as graphic design, illustration, or advertising.

Art 52

Art Graphic Design Social Media Branding 52

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