The TTABlog

JULY 27, 2023

for various oil and gas drilling equipment, finding that Applicant FMC's specimen of use constituted "mere advertising" and not an acceptable "displays associated with the good." The specimen was described by FMC as "slides from a live sales presentation given to potential customers for purposes of soliciting orders for the equipment."

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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. Serious Comparative Advertising: Broadening the Definition. It allowed the advertisement but asked the company to remove the reference to the detergent soap. Sangita Sharma.

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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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Advertising Advertising Intellectual Property Social Media 52

43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

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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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SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it. Legal Position on Comparative Advertisement.

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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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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. In this case, the plaintiff was Bright Lifecare Pvt.

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43(B)log

JANUARY 17, 2024

Ultra Bond alleged that Safelite violated the Lanham Act by falsely advertising that windshield cracks longer than six inches could not be safely repaired and instead required replacement of the entire windshield. Safelite is the VGRR market leader: in 2016, it had 35.4% of the market; its closest competitor had just 3%.

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JD Supra Law

MAY 2, 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office. By: Katten Muchin Rosenman LLP

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43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

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TorrentFreak

NOVEMBER 19, 2023

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v.

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LexBlog IP

JULY 10, 2023

Can I Use a Competitor’s Name in Advertising? by Founders Legal Some of the most memorable advertising campaigns in history involve the comparative use of competing trademarks. Compatibility Assurances If your product serves as an accessory to another company’s product, you can advertise that compatibility.

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IPilogue

JUNE 3, 2022

This presents a concern with the growing posthumous market and the commercialization of personality rights and potentially, of individuals’ digital assets used to “revive” the dead. . UneeQ, a New Zealand-based software company, markets “digital humans” for enhanced online customer service. . Such technology is not novel.

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Intellectual Property Law Blog

JANUARY 18, 2024

2022-1194, 2022-1208, and 2022-1246 (December 7, 2023) , the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents. Lupin Ltd., Patent Nos.

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LexBlog IP

AUGUST 31, 2022

The Children’s Advertising Review Unit (“CARU”), a BBB National Programs unit that monitors child targeted advertising, issued a compliance warning making clear it intends to enforce its advertising guidelines as equally in augmented and virtual reality (“AR/VR”) as it would in the real world.

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Advertising Advertising Law Marketing 52

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. Advertising best practices and what not to say. Neil Austin , Partner, Co-Chair, Advertising & Marketing Practice.

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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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43(B)log

OCTOBER 12, 2021

7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). And there was no triable issue on actual injury based on allegedly false advertising to the physicians. 2021 WL 4622504, No.

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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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SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Well, this wraps up our Octobers’ sift.

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43(B)log

DECEMBER 1, 2022

The parties compete in the market for audio products, specifically multichannel amplifiers, and sell online, including on Amazon. OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Prager Univ. Google LLC, 951 F.3d

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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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The IPKat

SEPTEMBER 12, 2023

The perfumes were presented in drawer containers and glass cabinets, which also contained multimedia goods and were placed next to bargain bins. In February 2018, ALDI SÜD advertised the perfumes in their weekly promotional brochure for Valentine’s Day. Coty claimed that the presentation and advertising of the JOOP!

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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. This was first used by VSL, marketed as VSL#3. De Simone created an eight-strain combination probiotic product known as the De Simone Formulation.

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LexBlog IP

AUGUST 9, 2022

However, these products are being produced and marketed in a largely unregulated fashion, falling through the cracks of Food & Drug Administration (FDA) regulatory oversight. It advised consumers to be cautious of unproven claims after its own testing revealed many products did not contain the advertised level of CBD.

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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.’” Not all marketing of artistic works is noncommercial speech. The California Supreme Court reversed.

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43(B)log

OCTOBER 29, 2021

Here, the court granted leave to amend to add a false advertising claim. One of its most popular products is a line of copper-infused compression clothing, marketed under the trademark “Copper Fit,” allegedly designed to alleviate muscle and joint soreness and pain. Nor would amendment be futile.

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Above the Fold

AUGUST 31, 2022

The Children’s Advertising Review Unit (“CARU”), a BBB National Programs unit that monitors child targeted advertising, issued a compliance warning making clear it intends to enforce its advertising guidelines as equally in augmented and virtual reality (“AR/VR”) as it would in the real world.

Advertising 40

Advertising Advertising Law Marketing 40

LexBlog IP

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.

Advertising 52

Advertising Advertising Social Media Publishing 52

43(B)log

MAY 22, 2023

May 18, 2023) New Vision, an eye-care professional and provider of optical goods and services, including contact lens fittings and contact lens sales with seven brick-and-mortar locations and two websites, brought a putative class action against four online contact-lens retailers for Lanham Act false advertising.

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43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

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LexBlog IP

JANUARY 5, 2022

How are you presenting reviews on your website or app? Well, when law enforcers come knocking and ask about your marketing practices, you can be pretty sure that they will also want to know what sort of training you do to make sure that your advertising and marketing are legally compliant.

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43(B)log

DECEMBER 15, 2023

While the statements may be presented in a small font, possible purchasers could still see them on Defendants’ website and order forms.” Injury: Injury too could not be presumed despite the fact that the parties were direct competitors; this wasn’t false comparative advertising. Even on sterile manufacturing?!?)

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Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. At the conclusion of the jury trial, the jury found Defendant liable for false advertising under the Lanham Act, 15 U.S.C.

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The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." Affirming the first two refusals,genericness and failure-to-function, was a snap, because the applicant presented no argument regarding them on appeal.

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43(B)log

SEPTEMBER 28, 2021

Roach, meanwhile, makes frequent use of the phrase “The Unstoppable Entrepreneur” and applied to register the phrase for “Business consultancy; Business marketing consulting services.” Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.”

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