IP Tech Blog

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make?

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LexBlog IP

JUNE 6, 2023

Eastern , Seyfarth attorneys Kristine Argentine , John Tomaszewski , and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.” On Tuesday, June 13 at 1:00 p.m.

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Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. 2022 WL 4596646 (C.D.

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IP and Legal Filings

JUNE 14, 2023

When used in a marketing context, the brand has two primary goals: first, to represent the company in public to create maximum awareness and recognition for the organization and its business proposition. For a marketer, a brand is what represents the values of a company and aims to create awareness and trust.

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TorrentFreak

FEBRUARY 18, 2022

In its yearly “Out-of-Cycle Review of Notorious Markets”, the United States Trade Representative (USTR) lists a few dozen websites said to be involved in piracy or counterfeiting. However, in recent years we have also seen hosting companies, advertisers, and e-commerce platforms being added. Hosting, Advertising, and Shopping.

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Technology & Marketing Law Blog

DECEMBER 19, 2021

You can see Seeking Arrangements’ ad (highlighted) showing above Luxy’s own ad and mixed in with ads for unrelated products: The court says: Plaintiffs’ advertisement does not contain the word “Luxy” or appear to cause any more confusion than the other three advertisements. More Posts About Keyword Advertising.

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IP Watchdog

APRIL 13, 2022

In responding to the unprecedented COVID-19 challenges, companies around the world are rushing to capitalize on the current crisis by advertising the effectiveness of their products in containing the virus spread. As fear and anxiety proliferate during this pandemic, fraudulent or false advertisements also surge and explode.

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LexBlog IP

NOVEMBER 7, 2022

Seyfarth Shaw is a Law Master Sponsor for the 2022 ANA Masters of Advertising Law Conference, the biggest advertising, marketing, and promotion law conference in the nation. Seyfarth’s topics include: Advertising Litigation Developments. Urmi Patel Senior Principal Legal Counsel Whole Foods Market, Inc.

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Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. As the court says later, “it seems unlikely that an Internet user who reads defendant’s advertisements would believe that they belong to or are endorsed by plaintiffs.”

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SpicyIP

SEPTEMBER 28, 2023

Nivrati is an IP lawyer based in Delhi and is a graduate of Institute of Law, Nirma University Ahmedabad. The post discusses the evolving legal dynamics of trademark use and infringement in internet advertising, particularly in the Indian context, and to raise questions about its impact on trademark holders and businesses.

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SpicyIP

JULY 13, 2021

We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Sangita is a 2nd year student at Gujarat National Law University and was the topper of the 2020 IP Talent Search Examination. Serious Comparative Advertising: Broadening the Definition.

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IP Tech Blog

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

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43(B)log

APRIL 26, 2023

25 2023) Previous district court opinion allowing Lanham Act false advertising claims to proceed against Microsoft; applying the Article III analysis that doesn’t (yet?) TocMail “offers a product geared towards a specific type of threat called Internet Protocol (IP) evasion. But at summary judgment it failed to show any injury.

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TorrentFreak

JULY 9, 2022

While not all VPN services are bad apples, VeePN is allegedly using pirates’ fear of getting caught as a marketing strategy. These VPN providers emphasize in advertisements that they delete their end users’ log access records so their identities will never be disclosed to copyright owners or law enforcement.

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Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. Vini Cosmetics Pvt. defendant no.

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IPilogue

JUNE 3, 2022

Junghi Woo is a former IPilogue Content Manager, an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. Pina D’Agostino’s Directed Reading: IP Innovation Program course. UneeQ, a New Zealand-based software company, markets “digital humans” for enhanced online customer service. .

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IP and Legal Filings

MARCH 15, 2023

The company aims at highlighting the qualities of the products through advertisements which thereafter becomes an advertisement campaign which build the market identity of the product. The advertisements require a lot of brainstorming in highlighting the distinctive characteristics of the product and build its uniqueness.

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TorrentFreak

NOVEMBER 11, 2021

This is why the advertising industry is seen as an ally in the fight against piracy. In the UK , hundreds of advertising agencies began banning pirate sites, and the European Union chimed in as well. million Amazon IP-addresses to prevent subscribers from accessing the Zello app. WIPO’s Pirate Site Blocklist.

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Kashishipr

JANUARY 19, 2022

The role that trademarks play in the marketing of a brand can help us unwind what commercial players and business houses should consider in the development of their brand marketing strategies to best incentivize their assets for better returns. How Does a Trademark Help in the Marketing of a Brand?

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LexBlog IP

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. Nothing less will do.

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LexBlog IP

JANUARY 19, 2024

The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing.

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LexBlog IP

JANUARY 19, 2024

The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing.

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Technology & Marketing Law Blog

FEBRUARY 16, 2022

The court correctly says that Edible IP can have a property interest in the “Edible Arrangements” name and associated goodwill, and state trademark law statutorily protects those property interests. I have a long-standing personal policy not to give my consumer dollars to any entity that I mock on the blog for IP overreaches.

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LexBlog IP

OCTOBER 20, 2022

Yesterday, the Federal Trade Commission (FTC) hosted an event to look at kids’ digital marketing. 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.

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IP Tech Blog

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

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IPilogue

FEBRUARY 14, 2022

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. Despite these advantages, comparative advertising is a dangerous field to navigate from a legal perspective.

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LexBlog IP

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

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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?

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Technology & Marketing Law Blog

DECEMBER 27, 2023

* For over a decade, I’ve implored people to stop using the term “Soft IP.” 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.

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LexBlog IP

SEPTEMBER 30, 2022

On August 23, 2022, the Federal Trade Commission announced it will continue to seek additional public comment on how children are increasingly being affected by digital advertising and marketing messages “that may blur the line between ads and entertainment.” And that question is even more acute when it comes to children.

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IP Tech Blog

OCTOBER 4, 2021

UK regulator, the Competition and Markets Authority ( CMA ), has now published the Green Claims Code to help businesses understand their obligations under consumer protection law. For help on green claims and other issues, contact partner, Carlton Daniel , whose team specialises in advising on advertising law and regulation.

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IP Tech Blog

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

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Trademark and Copyright Law Blog

APRIL 25, 2022

Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Leveraging alternative IP strategies for brands. Advertising best practices and what not to say. FDA regulation of cannabis and cannabis-derived products.

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IP Tech Blog

DECEMBER 3, 2021

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Instead, it provides a useful framework to enhance businesses’ understanding of their obligations when conducting in-game advertising. Several platforms urgently need to change their game mechanics to comply with new rules.

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IP Tech Blog

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Take appropriate, pro-active steps to prevent hidden advertising from appearing on the platform.

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The IPKat

JULY 7, 2021

Late in May, a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws. you are not one of us! [An you are not one of us!*

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Plagiarism Today

AUGUST 12, 2021

2: Netflix Intensifies ‘VPN Ban’ and Targets Residential IP-addresses Too . Next up today, Ernesto Van der Sar at Torrentfreak writes that Netflix has begun expanding its VPN blocking efforts to include residential IP addresses that it suspects are being used to bypass geographic restrictions. 3: Advertising Fuels $1.34

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