IP and Legal Filings

MAY 17, 2023

Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between this and comparative advertising. To prevent legal disputes, caution must be exercised to differentiate between the two.

Advertising 74

Advertising Advertising Marketing Marketing 74

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 88

Trademark Social Media Advertising Advertising 88

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. So, what exactly is the trademark owner fighting for here? This is a bad ad buy by Allied, AND it’s a bad trademark enforcement decision by Porta-Fab. More Posts About Keyword Advertising.

Advertising 101

Advertising Advertising False Advertising Trademark 101

Technology & Marketing Law Blog

DECEMBER 19, 2021

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. More Posts About Keyword Advertising. The defense runs Luxy, a competitor. 1-800 Contacts v.

Advertising 106

Advertising Advertising Settlement Trademark 106

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Troia claimed that he did not use the LoanStreet trademark in commerce. However, the court points out that he referenced the trademark in keyword ads (the court cites Google’s upper-left labeling to reinforce the point), which normally would be a use in commerce. The court displays some of the ads: Use in Commerce.

False Advertising 97

False Advertising Advertising Advertising Trademark 97

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 77

Trademark Advertising Advertising False Advertising 77

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.

Advertising 105

Advertising Advertising Branding Brands 105

IP and Legal Filings

JUNE 14, 2023

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. 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.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

43(B)log

MARCH 21, 2024

The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law.

False Advertising 64

False Advertising Trademark Advertising Advertising 64

43(B)log

JULY 19, 2023

17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., 19-662-CFC, 2023 WL 4561059 (D. Natera made superiority claims for its Prospera.

False Advertising 97

False Advertising Advertising Advertising Marketing 97

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.

Advertising 52

Advertising Advertising Marketing Marketing 52

IP Watchdog

FEBRUARY 14, 2024

But how much control do brands like Chanel have over merchants who resell name-brand items in the secondary market? The answer, according to a federal jury in the Southern District of New York, is “Quite a bit.”

False Advertising 72

False Advertising Trademark Branding Brands 72

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. Reed , Partner, Co-Chair, Trademark, Copyright & Unfair Competition Practice.

Advertising 40

Advertising Advertising Trademark Intellectual Property 40

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?

Trademark 111

Trademark Advertising Advertising Branding 111

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.

Advertising 127

Advertising Advertising Copying Trademark 127

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.

Advertising 40

Advertising Advertising Marketing Marketing 40

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.

False Advertising 116

False Advertising Advertising Advertising Marketing 116

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.

Fair Use 105

Fair Use Advertising Advertising Branding 105

Erik K Pelton

APRIL 24, 2023

The following is an edited transcript of my video Color Trademarks Case Study: T-Mobile Magenta. Non-traditional trademarks are some of the most interesting and fun topics to discuss in the world of brand protection. Non-traditional trademarks include sounds, sense, motions, lighting, colors, and more. Colors can be protected.

Trademark 130

Trademark Registering Trademarks Branding Brands 130

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.

Advertising 52

Advertising Advertising Intellectual Property Social Media 52

43(B)log

SEPTEMBER 6, 2023

Toyota USA sued Allen for grey marketing in violation of the Lanham Act and related claims, asserting that material differences included the existence of a manufacturer-backed warranty, the shipping and packaging of the parts, and the appearance and condition of the parts. 14, 2023) This is the trademark side of the case.

Marketing 59

Marketing Marketing False Advertising Advertising 59

Technology & Marketing Law Blog

MARCH 6, 2023

Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. He sued YouTube for allegedly infringing his trademark and sought “$1 billion in damages, $2 million in costs, at least $500 million in punitive damages, and temporary and permanent injunctive relief.” ” Cites to Yout v.

Trademark 90

Trademark False Advertising Advertising Advertising 90

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. The product was trademark-protected.

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 52

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. Trademark and Halloween Costumes. The other major part of the question is trademark. Trademark infringement, however, isn’t like copyright. Copyright and Halloween Costumes.

Copyright 233

Copyright Trademark Cease and Desist Copying 233

IP and Legal Filings

JULY 21, 2022

For starters, social media is become an essential marketing platform for the majority of firms. Second, social media platforms are always developing online marketing tools to assist firms in reaching out to present and future clients. NEED FOR HASHTAGS TRADEMARK. ORIGIN OF HASHTAGS. HASHTAGS IN INDIA AND USA.

Trademark 82

Trademark Social Media Marketing Marketing 82

JD Supra Law

DECEMBER 29, 2022

Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's potential liability for advertisements for counterfeit goods offered on its platform.

Marketing 52

Marketing Marketing Advertising Advertising 52

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. * How did that come about?

Trademark 97

Trademark Advertising Advertising Litigation 97

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. A thoughtless ad campaign that carelessly namedrops another company’s trademark could land you in court. The list could go on and on.

Advertising 40

Advertising Advertising Branding Brands 40

Nelligan Law

NOVEMBER 28, 2022

You have conducted your own market research and you are not aware of anyone else using this trademark. Your marketing team prepares advertisements, packaging – perhaps even signage. Your product is a huge success and customers recognize your trademark. You have a fresh deck of business cards in your pocket.

Cease and Desist 80

Cease and Desist Trademark Marketing Marketing 80

Patent Trademark Blog

JULY 28, 2023

How do you start using a trademark? It seems like more than half of the battle is creating a new trademark that hasn’t already been taken. Need to file a trademark application or statement of use? What counts as trademark use for goods? The USPTO has specific requirements for trademark use on goods.

Trademark 52

Trademark Advertising Advertising Marketing 52

IP and Legal Filings

JULY 17, 2023

Introduction ABU DHABI GLOBAL MARKET lodged an appeal against the rejection of its trademark registration application contending that the rejection by the Trade Marks Registry was unfounded both in fact and in law, while the respondent centered their objections around the use of a geographical name and the lack of distinctiveness.

Marketing 52

Marketing Marketing Trademark Invention 52

The IPKat

MARCH 24, 2023

On Jan 11th, the General Court in T-346/21 – Hecht Pharma v EUIPO – upheld a decision that a trademark was not to be revoked as the proprietor had proved genuine use. Hecht Pharma filed a revocation action in the EUIPO on the ground that the extent of trademark use had not been sufficiently demonstrated.

Trademark 85

Trademark Advertising Advertising Trademark Law 85

Corsearch

NOVEMBER 23, 2023

Popular trends in fashion, pharmaceuticals and health, technology, entertainment, and society are often drivers in the words found in trademark registrations. With increasing name saturation, finding a unique trademark is becoming a more difficult task in many industries – and this is in turn fueling likelihood of confusion.

Trademark 59

Trademark Registration Branding Brands 59

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. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. Mark similarity.

Advertising 84

Advertising Advertising False Advertising Trademark 84

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. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself.

Trademark 89

Trademark Trademark Law Law Advertising 89

LexBlog IP

JANUARY 31, 2024

However, a work’s copyright expiration does not extinguish any trademark rights that the owner may maintain in that same work. But it is important to remember that any existing trademark protection in them subsists. Further, Disney still owns valid copyright and trademark rights in other, more modern versions of Mickey Mouse.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

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.

Advertising 52

Advertising Advertising Social Media Marketing 52