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

The IPKat

SEPTEMBER 10, 2022

Earlier in April, the Supreme Court of Appeal of South Africa (SCA) ruled on the appeal brought by the Advertising Regulatory Board (ARB) against the decision of the High Court (discussed on the IPKat here ), which held inter alia that the certain provisions of the ARB’s Code of Advertising Practice (the “Code”) were unconstitutional.

Advertising 52

Advertising Advertising Branding Brands 52

JD Supra Law

MARCH 17, 2022

Influencers who received goods or services free of charge from companies and then link to them on their social media channels, for example, by placing what is known in Germany as a "tap tag," generally have to label such posts as advertising. I ZR 35/21). By: Hogan Lovells

Social Media 98

Social Media Advertising Advertising Publishing 98

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.

Advertising 67

Advertising Advertising Publishing Reporting 67

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.

Advertising 57

Advertising Advertising Social Media Publishing 57

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. Pepsi was lawfully entitled to publish its results, which it claimed showed that American consumers preferred Pepsi. The list could go on and on.

Advertising 40

Advertising Advertising Branding Brands 40

IP Law 360

MARCH 20, 2024

have agreed to end a lawsuit that claimed Evenflo used a "sound-alike" song in its advertisements that allegedly infringed Third Side's rights to music by the electronic band Sofi Tukker, according to a filing in Ohio federal court. Music distributor Third Side Music Inc. and car-seat maker Evenflo Co.

Music 52

Music Publishing Advertising Advertising 52

Technology & Marketing Law Blog

DECEMBER 10, 2023

Publisher/Speaker Claims. The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. Amazon , Joseph v.

False Advertising 65

False Advertising Advertising Advertising Marketing 65

43(B)log

OCTOBER 10, 2023

29, 2023) “This action arises out of a series of interviews published on YouTube and conducted by Cornelia that plaintiffs perceive as defamatory.” Cornelia also has a YouTube channel with approximately 150,000 subscribers, publishing videos on investing, business, and fitness that have received over 13.8 Wealthy, Inc. million views.

Advertising 64

Advertising Advertising False Advertising Social Media 64

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

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

Above the Fold

APRIL 30, 2021

Every day we are inundated with countless advertisements. But have you stopped to think, what exactly qualifies as an advertisement? Luckily for us, the National Advertising Division (“NAD”) recently issued a decision that sheds some light on exactly how broad agencies monitoring the advertising industry view “advertising.”.

Advertising 40

Advertising Advertising Publishing 40

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. They too have very recently published a statement setting out their next steps. Greenwashing is the use of unsubstantiated / misleading green claims.

Advertising 57

Advertising Advertising Publishing Marketing 57

LexBlog IP

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. It is worth noting that this Guidance has not amended the Codes.

Advertising 52

Advertising Advertising Publishing Government 52

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

AUGUST 5, 2022

published an article about LFI’s collaboration with Morphe; LFI’s statements therein are the subject of Lanham Act claims. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad? Insider Inc.

Advertising 59

Advertising Advertising False Advertising Contracts 59

IP Intelligence

JULY 15, 2021

While the details of any particular case will imbue certain factors with more importance than others, more often than not, copyright plaintiffs are quick to note (and criticize) when defendants are for-profit entities and when the contested material is posted on a website that contains advertising – e.g., online news sites and social media.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

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.

False Advertising 83

False Advertising Advertising Advertising Copying 83

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

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.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

LexBlog IP

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. They too have very recently published a statement setting out their next steps. ’ Greenwashing is the use of unsubstantiated / misleading green claims.

Advertising 52

Advertising Advertising Publishing Marketing 52

LexBlog IP

JULY 15, 2021

While the details of any particular case will imbue certain factors with more importance than others, more often than not, copyright plaintiffs are quick to note (and criticize) when defendants are for-profit entities and when the contested material is posted on a website that contains advertising – e.g., online news sites and social media.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

TorrentFreak

MAY 24, 2024

The IWL is one of the tools available under the banner ‘Operation Creative’, a multi-agency anti-piracy initiative led by police and supported by major rightsholders in the film, TV, music, publishing, and live sports sectors. Since its launch a decade ago, Operation Creative now receives considerable support. million visits.

Advertising 86

Advertising Advertising Publishing Music 86

TorrentFreak

SEPTEMBER 19, 2022

The Digital Citizens Alliance ( DCA ) shared some new research that it carried out in partnership with piracy advertising expert White Bullet and cybersecurity outfit Unit 221B. The group has a long history of publishing anti-piracy research and has highlighted the malware angle before. New Pirate Site Malware Research.

Advertising 90

Advertising Advertising Free Content Reporting 90

Likelihood of Confusion

DECEMBER 4, 2021

Steve Yahn at Editor and Publisher tries to stir up some interest in what should be — search-term advertising and other flavors of the month aside — the trademark story. The post Editor and Publisher: Stop the new trademark dilution bill appeared first on LIKELIHOOD OF CONFUSION™.

Publishing 40

Publishing Trademark Advertising Advertising 40

IP Tech Blog

JULY 21, 2023

Last month, oil giant, Shell, was caught out again by UK regulator – the Advertising Standards Authority (“ ASA “) – for breaching its rules against making misleading environmental claims. The ASA banned Shell from publishing the ad again. Latest ASA ruling against Shell Shell has come under scrutiny from the ASA again.

Advertising 52

Advertising Advertising Business Blogging 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

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.” Champion v. Moda Operandi, Inc., 3d -, 2021 WL 4340670, No.

Advertising 64

Advertising Advertising Designs Design 64

JD Supra Law

MAY 8, 2024

Bette Midler, Shirley Booth, and Bert Lahr also sued advertisers who used their voice-alikes in ads. Originally published in The Daily Record. In 1992, a jury awarded the singer Tom Waits the equivalent of $6 million in today’s dollars because Frito-Lay used a voice-alike in its Doritos ad and misappropriated his right to publicity.

Advertising 68

Advertising Advertising Publishing 68

43(B)log

DECEMBER 1, 2022

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. Lanham Act: The user manual did not constitute “commercial advertising or promotion.”

Advertising 64

Advertising Advertising False Advertising Copyright 64

LexBlog IP

FEBRUARY 2, 2023

Yesterday, 01 February 2023, the Commission published guidance on how online platforms and search engines within the scope of the Digital Services Act ( DSA ) should comply with their obligation to report user numbers in the EU. The guidance also clarifies that providers are not required to notify the published numbers to the Commission.

Publishing 52

Publishing Contracts Technology Designs 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].

Advertising 80

Advertising Advertising False Advertising Marketing 80

LexBlog IP

JULY 21, 2023

Last month, oil giant, Shell, was caught out again by UK regulator – the Advertising Standards Authority (“ ASA “) – for breaching its rules against making misleading environmental claims. The ASA banned Shell from publishing the ad again. million households use 100% renewable electricity from Shell.

Advertising 52

Advertising Advertising Business Publishing 52

43(B)log

FEBRUARY 9, 2022

She publishes photos of her products on eBay, and has registered some copyrights in the photos. In August 2020, Krikor discovered that Sports Mall had posted at least six of her photographs on its website and advertised the depicted items for sale on its site…. Sports Mall operates its own website. Query: are there actual damages?

False Advertising 59

False Advertising Advertising Advertising Copyright 59

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

Hugh Stephens Blog

AUGUST 2, 2022

Last week I talked about developments in Australia, Canada and the US regarding how to find ways to require large online platforms that aggregate news content for their users to share some of their digital advertising revenues with the producers of that content, namely news publishers and broadcasters.

Advertising 130

Advertising Advertising Publishing 130

Likelihood of Confusion

MAY 11, 2024

A friend painfully close to the case forwarded this link reporting that Google has lost its appeal of a judgment for “trademark counterfeiting” against the French travel companies Luteciel and Viaticum: GOOGLE LOSES FRENCH TRADEMARK APPEAL A French appeals court upheld a ruling against Google’s advertising policy in a decision published (..)

Advertising 52

Advertising Advertising Trademark Publishing 52