43(B)log

APRIL 18, 2023

ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, false advertising under the Lanham Act and California law, and tortious interference. ZimVie responded that the commercial speech exception applied.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). IDT removed its “Made in USA” advertising in the first 8 months of 2022, and its on-line sales increased during that time period. There’s more, including public disputes on Craigslist.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

IPilogue

JULY 15, 2021

Then, in May 2021, the fashion brand Rag & Bone advertised a new, officially-licensed Cruella -inspired collection—without Beavan’s knowledge or attribution. In 2020, a licensed Harley Quinn-inspired Birds of Prey collection by Her Universe did not involve the film’s costume designer, Erin Benach.

Licensing 106

Licensing Contracts Designs Design 106

Biswajit Sarkar Copyright Blog

JULY 28, 2022

What is a Compulsory License? Compulsory licenses are permissions from the government that allows someone else to use the copyright of the owner without his consent. In this article, we will look at compulsory licensing in Copyright and under what conditions a compulsory license is granted in India.

Licensing 52

Licensing Copyright Publishing Government 52

IP and Legal Filings

SEPTEMBER 21, 2022

The Karnataka High Court in one of their recent judgement in matter of Hubballi Dharwad Advertisers Association (R) v. The issue that is being discussed hear is about the conflict between the advertisement tax and the Good Service Tax and whether the implementation of both taxes lead to the problem of Double taxation. State of U.P [3]

Advertising 52

Advertising Advertising Government Law 52

43(B)log

SEPTEMBER 28, 2021

14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” Effervescent, Inc., 2021 WL 4170997, No. 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D.

False Advertising 83

False Advertising Advertising Advertising Invention 83

JD Supra Law

MAY 16, 2022

Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the New York City Bar Association’s continuing legal education program, Intellectual Property Licensing 101.

Intellectual Property 52

Intellectual Property Licensing Advertising Advertising 52

Traverse Legal Blog

APRIL 17, 2021

Copyright Licensing of Digital Assets Attached to NFT Sales. Bonus: Free Open Source Copyright License for NFT sales below]. What are the terms by which you are selling the NFT and licensing your work, the art you put into the platform that’s going to be attached to the NFT? NFT Copyright Licensing.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Ariix, LLC v. NutriSearch Corp.,

Advertising 107

Advertising Advertising Contracts Social Media 107

43(B)log

AUGUST 5, 2022

To say we are disappointed by the events that transpired as a result of this license is an understatement. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad? Defamation per se: The statements in the article could reasonably bear a defamatory meaning.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

OCTOBER 11, 2023

They sought at least $45 million from the government of Puerto Rico for issuing a commemorative license plate for the fiftieth anniversary of Roberto Clemente’s “Hit 3000,” at $21/plate. For trademark, any request was moot since the law requiring the sale of license plates and license labels expired by its own terms on December 31, 2022.

Licensing 49

Licensing False Advertising Advertising Advertising 49

LexBlog IP

APRIL 10, 2023

When entering into a trademark license agreement most trademark owners do not consider the possibility that their agreement actually may be a franchise, which would subject them to specific disclosure requirements and a number of relationship responsibilities not normally present in a trademark license.

Licensing 52

Licensing Trademark Business Advertising 52

43(B)log

SEPTEMBER 13, 2021

2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. Lanham Act claim: Was this commercial advertising or promotion? C21-312 TSZ, 2021 WL 3930694 (W.D.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms. And RICO claims failed because they were RICO claims.

False Advertising 83

False Advertising Advertising Advertising Copying 83

JD Supra Law

OCTOBER 27, 2022

With the now ubiquitous use of data in advertising, it’s more important than ever to understand data as a business asset and how it can be claimed, protected, and managed.

Advertising 52

Advertising Advertising Licensing Business 52

43(B)log

AUGUST 9, 2021

Here, plaintiffs alleged that TFL and Nelson had actual knowledge: they knew how the fraudulent scheme worked, that they were shipping products sold using deceptive and unfair advertising, that the ads and websites were false and misleading, and the nature of the tortious conduct being committed by Beyond Global and Doe defendants.

False Advertising 69

False Advertising Advertising Advertising Designs 69

43(B)log

APRIL 25, 2022

The plaintiffs alleged that the stamps themselves were “a powerful form of advertising because they allow the Brazilian plywood companies to market their products as conforming to an important American safety standard.” pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

Velocity of Content

OCTOBER 4, 2021

In May 2020, Spotify agreed to an exclusive $100 million deal with Joe Rogan, the biggest licensing agreement ever made in podcasting. Licensing Comes to Podcasting. The post Licensing Comes to Podcasting appeared first on Copyright Clearance Center.

Licensing 52

Licensing Intellectual Property Law Television Intellectual Property 52

43(B)log

AUGUST 22, 2022

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” The First Amendment has long coexisted with no-fault false advertising laws. The California Supreme Court reversed.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

MARCH 4, 2022

2, 2022) The court of appeals upholds the rejection of ThermoLife’s false advertising claims (Lanham Act and Florida’s FDUTPA) on statutory standing grounds. It sells compounds/licenses its technology for use in sports nutrition supplements, while BPI produces its own dietary supplements.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

Plagiarism Today

AUGUST 12, 2021

Harrison/Erickson created the original costume in 1978 and licensed its use until 2019, when negotiations broke down. 3: Advertising Fuels $1.34 billion annually through advertising. billion annually through advertising. Billion Illegal Piracy Market, Report by Digital Citizens Alliance and White Bullet Finds.

Advertising 246

Advertising Advertising Reporting Licensing 246

43(B)log

SEPTEMBER 16, 2021

Neo4j Enterprise Edition was originally offered under both a paid-for commercial license and the free GNU Affero General Public License, version 3, but Neo4j then replaced that AGPL with a stricter license (the Sweden license), which prohibited the non-paying public from engaging in commercial resale and certain commercial support services.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

The IP Law Blog

NOVEMBER 4, 2021

Unlike purchasing physical content from a store that a consumer can hold on to forever, the suit alleges that Apple’s license to the content expires and therefore the consumer’s right to own the content also expires. For one, New York’s false advertising law provide potential damages of $500 per instance of false advertising.

False Advertising 52

False Advertising Advertising Advertising Licensing 52

43(B)log

APRIL 25, 2022

25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. De Simone then split from VSL, which eventually lost the license for the De Simone Formulation and attempted to reverse engineer it/replace it.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

43(B)log

AUGUST 27, 2021

The stamps thus allegedly operate as powerful advertising, allowing Brazilian plywood companies to market their products as conforming to an important American safety standard. In doing so, the licensing board is making a powerful statement—some would say, the most important statement—about the doctors’ qualifications.”

False Advertising 59

False Advertising Advertising Advertising Business 59

LexBlog IP

AUGUST 9, 2022

At least one company has taken matters into its own hands and successfully brought a National Advertising Division challenge to a competitor’s CBD content claim, which it alleged significantly overstated the actual amount of CBD in the product. Notably, the FDA isn’t unaware of these issues.

Advertising 52

Advertising Advertising Marketing Marketing 52

Plagiarism Today

AUGUST 2, 2022

In addition to the copyright issues, which includes verbatim dialog included in the songs, Netflix alleges that the duo used Bridgerton trademarks improperly in advertising the show. They claimed that the workout company was using popular songs in their workout classes without obtaining sync licensed.

Music 199

Music Copyright Infringement Licensing Advertising 199

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. You can find out more here: [link]. for the control.”

Advertising 80

Advertising Advertising False Advertising Marketing 80

LexBlog IP

NOVEMBER 4, 2021

.” Unlike purchasing physical content from a store that a consumer can hold on to forever, the suit alleges that Apple’s license to the content expires and therefore the consumer’s right to own the content also expires. The suit could have major implications for Apple, as well as other streamers using similar terminology.

False Advertising 52

False Advertising Advertising Advertising Licensing 52

The TTABlog

OCTOBER 27, 2021

Click on picture for larger image Section 45 of the Trademark Act provides, in pertinent part, that a mark is considered to be in use in commerce for services "when it is used or displayed in the sale or advertising of services and the services are rendered in commerce." Harrison won, at least at the TTAB.

Licensing 52

Licensing Advertising Advertising Social Media 52

43(B)log

DECEMBER 7, 2021

In 2020, De Cortes obtained a Florida real estate sales associate license and asked if she could serve as a real estate agent for BIR. Defendant BIR’s office is in the Four Ambassadors building, where De Cortes has lived and continues to live. Defendants represent 170 owners of units in the Four Ambassadors.

Advertising 59

Advertising Advertising Confidentiality Business 59

JD Supra Law

JANUARY 30, 2024

Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. 2023 was an active year in Canadian trademark law. Notable changes also emerged from the Canadian Trademarks Office. Additionally, many trademark fees increased by 20-35%.

Trademark Law 78

Trademark Law Trademark Law Advertising 78

Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year. Background. The Plaintiff, Tips Industries Ltd.,

Music 98

Music Licensing Television Copyright Infringement 98

Plagiarism Today

JULY 28, 2022

First off today, Luke Plunkett at Kotaku reports that the iconic “oof” sound effect in Roblox has been removed yet again due to licensing issues with the sound’s creator. He is claiming that neither Mutinda nor Syinix paid for a synchronization license for the use of the song.

Social Media 194

Social Media Licensing Journalism Plagiarism 194

LexBlog IP

OCTOBER 11, 2021

While this is just one of the many copyright claims extended by the IOC, this particular claim highlights a disconnect between traditional entertainment and younger audiences which begs the question: Is the IOC taking the right approach to its intellectual property licensing? In order to maximize the $7.75

Licensing 52

Licensing Copyright Intellectual Property IP 52

IP Law 360

NOVEMBER 8, 2022

Stroller and car seat maker Evenflo used a "sound-alike" song in an advertisement to get around paying licensing fees, a music publisher said in a suit filed Monday.

Music 98

Music Advertising Advertising Licensing 98