Above the Fold

FEBRUARY 11, 2024

What will be the most creative advertising tagline? Will any of your old favorite marketing campaigns be brought back? How many advertising controversies will emerge? Can any one commercial eclipse the advertising power of Taylor Swift being in attendance? Which celebrities will be featured?

Blogging 52

Blogging Advertising Advertising Trademark Law 52

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. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

Trademark 86

Trademark Social Media Advertising Advertising 86

Technology & Marketing Law Blog

MARCH 6, 2024

New practice area alert for law students: the specialty niche of fish artists asserting IP claims against print-on-demand services. Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. This plaintiff emphasized copyright law but got little traction.

Copyright 99

Copyright Trademark Law Publishing Copyright Infringement 99

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

Trademark Law 98

Trademark Law Trademark IP Blogging 98

LexBlog IP

FEBRUARY 11, 2024

What will be the most creative advertising tagline? Will any of your old favorite marketing campaigns be brought back? How many advertising controversies will emerge? Can any one commercial eclipse the advertising power of Taylor Swift being in attendance? Which celebrities will be featured?

Blogging 52

Blogging Advertising Advertising Trademark Law 52

Selvam & Selvam Blog

APRIL 5, 2022

When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. But what exactly is moment marketing? However, the concept of moment marketing is not new.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

Advertising 85

Advertising Advertising False Advertising Trademark 85

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 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.

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Advertising Advertising False Advertising Marketing 80

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that trademark claim to the jury ( my blog post on that ruling ).

Trademark 78

Trademark Advertising Advertising False Advertising 78

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. For background on the legal battles over keyword advertising by lawyers, see this article.

Advertising 81

Advertising Advertising False Advertising Trademark 81

Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims. Distraction is insufficient. OK, I guess. Case citation : Jim S.

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Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

JULY 25, 2021

If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers.

Advertising 105

Advertising Advertising Settlement Trademark 105

IP and Legal Filings

JANUARY 31, 2023

Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The gaming and metaverse platform Roblox helped Gucci develop a variety of immersive themed locations that were inspired by the brand’s various advertising campaigns. 1114 (United States of America). [vi]

Law 84

Law Branding Brands Branding 84

The IPKat

MARCH 24, 2023

Public and external use Regarding the first ground, Hecht submitted that: According to Paragraph 73 of the Medicinal Products Act (AMG), medicinal products can only be imported and placed on the market in Germany by pharmacies and such use can thus only be proven by adducing corresponding invoices from pharmacies. Not a trademark?

Trademark 85

Trademark Advertising Advertising Trademark Law 85

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. Image from here Smells like Luxury, Does it cost a Trademark Battle? We will explore the relevance of this further ahead in this post.

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Trademark Advertising Advertising Branding 111

Garrigues Blog

FEBRUARY 5, 2024

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. You can have a court declare your trademarks weak or invalid so they are less valuable than when you started. More Posts About Keyword Advertising. * Should we say ?

Trademark 98

Trademark Advertising Advertising Litigation 98

LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Sellers need to be aware of competitor patents before introducing a product to the market. This can lead to expensive “false marketing” litigation.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

IP and Legal Filings

MAY 17, 2024

There are no separate legal provisions for these rights and they have been included under the existing Intellectual Property laws. This is prone to gross misuse and there is ambiguity regarding the legality of the same since there is a vacuum in the existing legal framework of IP laws with regards to AI generated content.

Personality Rights 73

Personality Rights Intellectual Property Social Media Intellectual Property Law 73

Technology & Marketing Law Blog

MARCH 13, 2022

The record may likewise show that consumers sometimes mistakenly seek to redeem vouchers for other skydiving companies with LVSA… as a matter of law, a reasonably prudent consumer in this marketplace is unlikely to be confused as to the origin of the service offered. More Posts About Keyword Advertising. Groupon, Inc.

Trademark 79

Trademark Advertising Advertising Settlement 79

Chicago IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

IP and Legal Filings

SEPTEMBER 19, 2023

Trademark Infringement Trademark infringement is the unauthorized use of a trademark that is identical or similar to a registered trademark, without the permission of the trademark owner. The trademark owner must also show that they have suffered, or are likely to suffer, damages as a result of the infringement.

Trademark 86

Trademark Intellectual Property Registration Registering Trademarks 86

IIPRD

JANUARY 6, 2023

Trademark; Meaning and need of laws. Trademark infringement is the unauthorized use of a trademark which is one of the various ways in which intellectual property rights are violated. There have been cases where even in the case of parody the imitator is found to be guilty of infringement of the trademark.

Social Media 52

Social Media Trademark Advertising Advertising 52

IPilogue

MARCH 6, 2023

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. In May 2019, Louboutin sued Eizo under the Unfair Competition Prevention Law, seeking a permanent injunction against Eiko’s production of red-soled high heels and damages of approximately CAD 43,500. 2015-29921 ).

IP 59

IP Branding Brands Branding 59

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. Trademark and Halloween Costumes.

Trademark 249

Trademark Copyright Cease and Desist Copying 249

43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” It was not enough to allege that the marketing materials were “misleading as to his present involvement.” Thus, the false advertising claim would be dismissed. The allegations related to the use of “M.D.” Hawrych” and “Dr.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

LexBlog IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

Kashishipr

AUGUST 24, 2022

Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. Relationship between Trademark Law & the Hospitality Industry. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India.

Trademark 52

Trademark Branding Brands Branding 52

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name.

Trademark 52

Trademark Designs Design Marketing 52

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. showed that the term had acquired distinctiveness through its consistent use in the market for shaving products.

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Trademark Trademark Law Law Advertising 86

Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. by guest blogger Lisa P. Ramsey [Lisa P.

Blogging 102

Blogging Trademark Fair Use Trademark Law 102

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” The court also found “Ms. Gutman, 2022 U.S.

Social Media 98

Social Media Ownership Branding Brands 98

Kashishipr

JUNE 4, 2021

The relatively new advent allows the marketers to put the barcodes on several different items and allow smartphone users to scan them and discover more information. QR codes originated in the automotive industry and are now commonly used in advertising, payments, product tracing, and detection of counterfeits, etc.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

IP and Legal Filings

SEPTEMBER 8, 2023

Deutsches Patent and Markemant , the registration for trademark has been made for ‘methyl cinnamate’, but unfortunately they failed to meet the criteria as per the law which required graphical representation. After undergoing through all these processes one can generate their product in the market.

Trademark 52

Trademark Registration Marketing Marketing 52