LexBlog IP

MARCH 8, 2023

This was quietly heralded as an update to the 1998 Dietary Supplement Advertising Guides, but oh dear readers, it is so much more. We also have an upcoming webinar covering the topic in March – details here.) Use of a colorimeter to compare the samples showed similar whitening effect. Well, it was not a human clinical study.

Advertising 52

Advertising Advertising Branding Brands 52

Technology & Marketing Law Blog

JANUARY 15, 2024

To piggyback on the editorial board analogy, if the newspaper itself had published an account of its editorial policies and decisions, and it turned out to be potentially fraudulent in some way, it would not chill the newspaper’s exercise of editorial control to investigate whether the newspaper’s public statements on that topic were false.

Social Media 65

Social Media Advertising Advertising Publishing 65

IP Tech Blog

JANUARY 23, 2023

The Advertising Standards Authority (“ ASA ”) has issued its first ruling under the new rules that prohibit gambling ads with “ strong appeal ” to under-18s, providing a useful example as to how the new rules will be applied. Amongst other sectors, there was a particular focus on sports, especially football.

Advertising 62

Advertising Advertising Social Media Marketing 62

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. My product is better than yours’: is it lawful to use third party’s trademarks to advertise your own products or services?

Blogging 52

Blogging IP Advertising Advertising 52

The TTABlog

JANUARY 24, 2022

prior handbag Reviewing the USPTO's submissions in detail, the Board found the evidence of third-party use to be "substantial." The applicant did not offer survey evidence nor any evidence of "look for" advertising. I blogged some thoughts on this topic a few years ago [ here ], although I did not include a discussion of "genericnes."

Designs 52

Designs Design Registration Music 52

TorrentFreak

APRIL 24, 2023

Whether anyone learned anything substantially new from that process is unknown but having gone through the motions, the EC’s recommendation will be officially released early May. Advertisers and payment services could ensure that don’t help to finance or facilitate piracy. Such voluntary actions aren’t unheard of.

Reporting 108

Reporting Advertising Advertising Law 108

LexBlog IP

JANUARY 23, 2023

The Advertising Standards Authority (“ ASA ”) has issued its first ruling under the new rules that prohibit gambling ads with “ strong appeal ” to under-18s, providing a useful example as to how the new rules will be applied. Amongst other sectors, there was a particular focus on sports, especially football.

Advertising 52

Advertising Advertising Social Media Marketing 52

TorrentFreak

APRIL 10, 2024

“It’s long past time to bring out laws in line with the rest of the world,” Rivkin said, a reference to the MPA’s substantial body of overseas work it now hopes to replicate back home. It substantially increases visits to legal sites. economy, “including more than one billion in theatrical ticket sales.”

Television 101

Television Business Reporting Law 101

Technology & Marketing Law Blog

MAY 13, 2024

the possessor is deprived of the use of the chattel for a substantial time.” I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. Hamidi at 306. alleges here is CCDH’s scraping of the X platform.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

Patently-O

MARCH 31, 2024

Obviousness though is quirky – although it is a question of law, it requires determination of substantial underlying factual issues. On the other hand, the judge is a “law giver” – providing the jury with the legal framework for deciding an issue and also determining that the jury’s verdict fits within the law.

Invention 57

Invention Copying Licensing Art 57

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Substantiation of “regular” price claims is also a big issue. Joseph Lewczak: FTC v. Chemence, Feb.

Advertising 40

Advertising Advertising Law Privacy 40

LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. Just because an injury is small does not mean it is not “substantial.” Background.

Litigation 52

Litigation Advertising Advertising Reporting 52

43(B)log

FEBRUARY 17, 2022

Elysium’s expert, Sowers, tested the allegation that ChromaDex advertising deceived customers into believing that the FDA reviewed ChromaDex’s product, Tru Niagen, for efficacy. While surveys should control for demand effects, the surveys here didn’t suggest to consumers what the “right” answer was, only what the relevant topic was. “[T]he

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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.

Trademark 59

Trademark Publishing Journalism Copyright 59

43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., Such a rule would allow any manner of misleading advertisement.” back and spinal pain).

False Advertising 59

False Advertising Advertising Advertising Marketing 59

The IPKat

JUNE 3, 2022

Preliminary remarks The AG began his Opinion noting how the topic of intermediary liability has always raised novel questions over time. Is the perception of a reasonably well informed and reasonably observant internet user relevant when undertaking such an assessment? Let’s see how the AG reasoned.

Marketing 52

Marketing Marketing Advertising Advertising 52

IP and Legal Filings

JULY 5, 2023

Examples of service categorization classes include: Advertisement, business administration, business management, and office functions are all part of Class 35. Class 41: Education, training, amusement, and so on. It is not in your best interests to broaden the specification to include items or services that the firm does not aim to market.

Trademark 59

Trademark Registration Branding Brands 59

Canadian Intellectual Property Blog

AUGUST 4, 2020

products include edibles, topicals, vape pens and beverages. The provinces are permitted to strengthen, but not weaken, the federal legislation and are responsible for regulating the age of consumption, retail sales, possession limits, advertisements and home cultivation, amongst other aspects. products to the marketplace. Cannabis 2.0

Government 52

Government Licensing Intellectual Property Marketing 52

IP Whiteboard

AUGUST 30, 2020

Using copyright material without the copyright owner’s consent amounts to a copyright infringement if: there is an unauthorised use of a substantial part of the work; and. Another topic which has leads a rabbit hole is the question of moral rights. communicate the work to the public. an exception permitting the use does not apply.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

The IPKat

FEBRUARY 27, 2023

The case deals with the topic of whether the registration of slogans is allowed by EU trade mark law, this being a topic that The IPKat has also devoted substantial attention to (see here ). Registration of marks consisting of advertising slogans is thus not precluded per se on the basis of such use. and the EUIPO.

Advertising 89

Advertising Advertising Registration Designs 89

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? Up to this point, I think the panel’s ruling has been pretty straightforward and obvious, even though it rejects the voluminous pro-censorship FUD directed towards these topics.

Social Media 98

Social Media Law Blogging Publishing 98

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. The CJPA creates a royalty pool of the “revenue generated through the sale of digital advertising impressions that are served to customers in the state through an online platform.”

Journalism 89

Journalism Social Media Publishing Government 89

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. The court held that puffery in advertisements is allowed as long as the assertions made are reasonable. DRS Logistics (P.)

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Shortly after hiring the employee, plaintiff alleged that his new employer developed products that were substantially similar to and competitive with plaintiff’s product using its trade secrets. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

Kluwer Copyright Blog

JUNE 21, 2021

But one topic has hardly been addressed so far: the international application of Art. The sui generis database right affords the maker of a qualifying database the right to prevent the unauthorized “extraction and/or re-utilization” of the whole or a substantial part of its contents. 17 DSM Directive was introduced in 2019.

Art 85

Art Law Related Rights Marketing 85

The IP Law Blog

NOVEMBER 10, 2022

Reddit is a popular website that allows users to post content in smaller, searchable forums devoted to certain topics. In essence, plaintiffs alleged “that Reddit earns substantial advertising revenue from subreddits that feature child pornography because they generate controversy and attract viewers.” Reddit, Inc.

Law 96

Law Advertising Advertising Litigation 96

LexBlog IP

NOVEMBER 10, 2022

Reddit is a popular website that allows users to post content in smaller, searchable forums devoted to certain topics. In essence, plaintiffs alleged “that Reddit earns substantial advertising revenue from subreddits that feature child pornography because they generate controversy and attract viewers.” Reddit, Inc.

Advertising 52

Advertising Advertising Litigation Law 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Citing this joint statement in a July 2021 press release , FDA announced that it had issued an untitled letter to Amgen citing issues with a banner advertisement of its biological product, Neulasta ® (pegfilgrastim). billion because the jury’s written description verdict was not supported by substantial evidence. Becerra , 822 F.

Litigation 52

Litigation Settlement Patent Marketing 52

Patently-O

DECEMBER 12, 2021

Nonetheless, the bar is a content-based restriction because “its reach is defined simply by the topic (subject matter) of the covered speech” [8] – here, the topic being the famous person in question. Rather, the PTO bars registration whether the mark praises, criticizes, ridicules, parodies, or is neutral toward the famous person.

Registration 69

Registration Government Advertising Advertising 69