43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. W-22-CV-00776-ADA-DTG, No. W-22-CV-00777-ADA-DTG (W.D. 1, 2017 to Apr.

False Advertising 59

False Advertising Advertising Advertising Patent 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. As the court says later, “it seems unlikely that an Internet user who reads defendant’s advertisements would believe that they belong to or are endorsed by plaintiffs.”

False Advertising 98

False Advertising Advertising Advertising Trademark 98

IP Watchdog

NOVEMBER 15, 2021

Technology, a company owned by Martin David Hoyle, developer of internet advertising technology who has been embroiled in litigation with big tech companies like Facebook, Twitter and Google for close to a decade now, today filed a petition for writ of mandamus with the U.S. Technology, L.L.C., and Google LLC v.

Technology 124

Technology Advertising Advertising Litigation 124

IP and Legal Filings

MARCH 15, 2023

Introduction In this growing age of technology, business corporations have also levelled up in the promotion of their products. 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.

Advertising 52

Advertising Advertising Intellectual Property Social Media 52

Michael Geist

JANUARY 31, 2024

The DGC includes an accredited standard-setting arm which is now promoting the development of a standard for age verification which “ aims to foster the widespread adoption of age-verification technologies in Canada.” Facilitate the adoption of age-verification technologies in Canada, b.

Technology 127

Technology Privacy Government Social Media 127

IP Tech Blog

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 57

Advertising Advertising Blogging Branding 57

LexBlog IP

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. Nothing less will do.

Advertising 52

Advertising Advertising Reporting Privacy 52

LexBlog IP

MAY 31, 2023

Digital advertising exists in a complex ecosystem that the average person engages with daily. It encompasses a broad set of technologies for managing advertisements across channels including search, display, video, mobile, and social, with functions for targeting, design, bid management, analytics, optimization, and automation.

Advertising 52

Advertising Advertising Privacy Designs 52

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 108

Advertising Advertising Contracts Social Media 108

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

JD Supra Law

AUGUST 18, 2022

The world of digital marketing & advertising is fast-paced and always evolving to adopt the latest technology and capitalize on pop culture trends and new media channels. By: Smart & Biggar

Advertising 98

Advertising Advertising Marketing Marketing 98

Patently-O

JANUARY 28, 2024

The improvement was touted as enabling vastly more efficient and superior manufacture of components – not just by Petitioner’s experts, but also in the defendant’s advertising. And, that the patent claims offer no specific technological improvement that would transform the ineligible idea into a patent eligible.

Technology 80

Technology Invention Designs Design 80

43(B)log

APRIL 29, 2022

22, 2022) Part of a larger dispute; the National Association of Realtors (NAR) counterclaimed against REX for false advertising in violation of the Lanham Act. However, NAR didn’t allege that any consumers or brokers have withheld trade from NAR as a result of the advertisements. Zillow, Inc., 2022 WL 1203742, No. C21-312 TSZ (W.D.

False Advertising 59

False Advertising Advertising Advertising Technology 59

LexBlog IP

OCTOBER 5, 2023

Seyfarth attorneys Aaron Belzer, Lauren Leipold, Ken Wilton, and Renée Appel will present at the Association of National Advertisers’ Legal Affairs Committee meeting on Thursday, October 19, 2023.

Advertising 52

Advertising Advertising False Advertising Litigation 52

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

Velocity of Content

FEBRUARY 7, 2023

As consumers, we experience personalization daily via targeted online advertising while browsing or in our social media accounts. This technology is based on our past purchase and usage behaviors. Google — the tool, the term, and the technology — is omnipresent in our collective global culture.

Technology 98

Technology Social Media Marketing Marketing 98

Technology & Marketing Law Blog

DECEMBER 10, 2023

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. This argument has failed so many times. Google opinion.

False Advertising 63

False Advertising Advertising Advertising Marketing 63

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

43(B)log

APRIL 25, 2023

Republic Technologies (NA), LLC v. Republic alleged that HBI, its competitor in the tobacco rolling paper industry, engaged in false advertising under the Lanham Act, unfair competition, and violations of the IUDTPA. BBK Tobacco & Foods, LLP, 2023 WL 3004625, No. 16 C 03401 (N.D. 19, 2023) Previous discussion.

False Advertising 59

False Advertising Advertising Advertising Law 59

IP Watchdog

MAY 2, 2022

This week in Washington IP news, Senate committees are planning to host hearings on the applications that artificial intelligence can have in cyberspace, both for good and bad actors, as well as legislative proposals that could force social media platforms to increase transparency regarding algorithms for targeted advertising and news feeds.

Technology 105

Technology Social Media IP Editing 105

LexBlog IP

FEBRUARY 9, 2023

The Super Bowl is one of the most highly anticipated events in the world of sports, attracting millions of fans, advertisers, and sponsors from around the globe. Because of this, Super Bowl advertisements are plentiful both before and during the game.

Advertising 52

Advertising Advertising Television Registering Trademarks 52

LexBlog IP

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 52

Advertising Advertising Blogging Branding 52

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

Managing IP

NOVEMBER 19, 2021

Ranjan Narula and Ajay Kumar of RNA Technology and IP Attorneys explore the key takeaways from guidelines introduced to establish fairness in claims and advertisements of food products

Advertising 52

Advertising Advertising Business IP 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

IP Tech Blog

OCTOBER 4, 2021

Further, the CMA prohibits claims that omit or hide important information, and requires advertisers to consider the whole life cycle of their products and services when making environmental claims. For help on green claims and other issues, contact partner, Carlton Daniel , whose team specialises in advising on advertising law and regulation.

Advertising 57

Advertising Advertising Publishing Marketing 57

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. On Thursday, November 10 at 11:05 a.m. On Wednesday, November 9 at 5:15 p.m.

Advertising 40

Advertising Advertising Marketing Marketing 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. Updated ASA guidance on environmental claims Earlier this year, the ASA updated its guidance on environmental claims in advertising.

Advertising 52

Advertising Advertising Business Blogging 52

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

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

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

JD Supra Law

JANUARY 18, 2024

Recent advances in technology and artificial intelligence have the power to completely disrupt the world of advertising, media, music, sports, and entertainment by manipulating digital content to create synthetic photos and videos that are virtually indistinguishable from real life.

Music 123

Music Advertising Advertising Technology 123

LexBlog IP

AUGUST 18, 2021

software, keys, company credit cards, calling cards, parking transponder, information technology equipment, client lists, files and other confidential and proprietary documents, in any media or format, including electronic files. text: ‘Advertisements’, }, creative: {. __ATA.cmd.push(function() {. __ATA.initDynamicSlot({.

Advertising 86

Advertising Advertising Art Law 86

43(B)log

DECEMBER 15, 2023

15, 2014), involved allegations that the defendants falsely claimed on their websites that they were the “first to create content fingerprinting technology,” and that competitors are using “borrowed” technology. This reasoning also disposed of the UCL claim.

False Advertising 45

False Advertising Advertising Advertising Intellectual Property 45

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

43(B)log

AUGUST 31, 2021

26, 2021) POWERbahn alleged that defendant Wahoo made false representations in its ads by failing to disclose POWERbahn and its CEO as the source of the technology behind Wahoo’s KICKR products, and by representing “that its KICKR products were innovative and incorporated new technology when they in fact were not and did not.”

Technology 59

Technology False Advertising Invention Patent Infringement 59

LexBlog IP

AUGUST 25, 2022

alleging that it has been invading consumers’ privacy by using tracking technologies to build “digital dossiers” on individual internet users for marketing purposes. The outcome of this case may set a strong precedent for data collection and digital advertising across the board. We will follow its progress.

Privacy 40

Privacy Technology Advertising Advertising 40