Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts first appeared on this blog on February 9, 2005, my second day of blogging. This is the correct way to analyze the mark similarity factor in competitive keyword advertising cases, though many courts have not taken this approach. More Posts About Keyword Advertising. WhenU (2d Cir. Keyword Ads. Proximity of goods.

Trademark 111

Trademark Advertising Advertising Blogging 111

Technology & Marketing Law Blog

APRIL 22, 2024

Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. 2K appeared first on Technology & Marketing Law Blog. WWE 2K Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v. Warner Bros.

Licensing 84

Licensing Copyright Blogging Fair Use 84

The IPKat

AUGUST 3, 2024

Katjes Fassin supported climate protection projects of ClimatePartner and advertised its products in a German newspaper for professionals in the food industry (Lebensmittel Zeitung) as follows: The ad above the packaging reads: Our climate also likes Katjes. The production caused CO2 emissions.

Advertising 60

Advertising Advertising Law Art 60

IP Tech Blog

OCTOBER 20, 2021

As discussed in a previous blog post, the UK’s Advertising Standards Authority (ASA) has emphasised that prize draws must comply with provisions of its CAP Code. Failing which one risks being in breach of the rules, which can ultimately lead to criminal prosecution for failure to comply with consumer protection, gambling and advertising laws.

Advertising 57

Advertising Advertising Social Media Brands 57

SpicyIP

JULY 22, 2024

Journey Through “Marchs” on SpicyIP (2005 – Present) After a brief hiatus, Lokesh Vyas is back with the flashback series looking at SpicyIP posts through the years, from 2005 to present date. Both ‘PHENSEDYL’ and ‘PHENSERYL’ are products marketed to treat the same allergic symptoms, leading to increased chances of confusion.

Registering Trademarks 79

Registering Trademarks Licensing Trademark Advertising 79

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Warner Bros.

Blogging 95

Blogging Copyright Fair Use Copyright Infringement 95

The IPKat

FEBRUARY 17, 2023

The e-commerce platform Amazon offers an affiliate marketing programme called Amazon Associates. Background The case concerned affiliate marketing on www.schlafbook.de. The mattresses so ranked were accompanied by affiliate “buy from Amazon” buttons, which were directly linked to an offer on the Amazon Market Place.

Advertising 67

Advertising Advertising Business Design 67

Technology & Marketing Law Blog

JUNE 2, 2022

Market Effect. Tattoo Advertising/Human Billboards. Also, see Q2 of my 2005 contracts law exam and the sample answer. Kat Von D appeared first on Technology & Marketing Law Blog. ” That sends the issue to the jury. Nature of the Work. It’s a creative photo, but it was published. Warner Bros.

Copyright 145

Copyright Social Media Fair Use Licensing 145

LexBlog IP

OCTOBER 20, 2021

As discussed in a previous blog post, the UK’s Advertising Standards Authority (ASA) has emphasised that prize draws must comply with provisions of its CAP Code. The resources page features videos and comprehensive advice, covering areas from marketing to dealing with unexpected events.

Social Media 52

Social Media Advertising Advertising Brands 52

43(B)log

APRIL 29, 2024

products and to market them at U.S. The relevant conduct is use of a trademark “in commerce” “in connection with any goods or services,” specifically “the sale, offering for sale, distribution, or advertising,” in a manner “likely to cause confusion.” distributor’s advertising at U.S. distributor’s advertising at U.S.

Advertising 59

Advertising Advertising Trademark Branding 59

LexBlog IP

MAY 3, 2023

The proposed Directive also regulates so-called environmental labels and their schemes, such as the EU Ecolabel and its national equivalents, awarded to products and/or services that are produced and marketed with a reduced environmental impact. 3] Court of Gorizia, order of 25 November 2021 (Alcantara S.p.A

Advertising 52

Advertising Advertising Marketing Marketing 52

43(B)log

MAY 2, 2022

This is important because the proposed settlement of this class action against manufacturers/distributors of Neuriva brain-health-promotion products requires only small changes in marketing claims. This is despite the fact that the underlying complaint alleges that the products do not provide any actual tangible benefits. million. (If

Settlement 118

Settlement Advertising Advertising Marketing 118

Delaware Intellectual Property Litigation Blog

SEPTEMBER 25, 2021

Plaintiff is not seeking lost sales, lost market share, or lost goodwill, . . [and and that] Plaintiff did no corrective advertising.” 2005) for courts to consider when deciding whether to grant disgorgement damages in a trademark infringement action. Thus, the Court granted the motion with respect to actual damages.

Trademark 66

Trademark Advertising Advertising Copying 66

The IPKat

SEPTEMBER 27, 2023

Earlier, before the movie started, you watched an advertisement for a soft drink, presented by none other than Marilyn Monroe and James Dean. Protection is against unauthorized commercial use, such as in advertising. The lights dim, and the film rolls. Bruce Lee enters the frame, encountering a young Sylvester Stallone as Rocky.

Personality Rights 127

Personality Rights Advertising Advertising Publishing 127

Technology & Marketing Law Blog

OCTOBER 6, 2022

Tattoo Advertising/Human Billboards. Also, see Q2 of my 2005 contracts law exam and the sample answer. WWE 2K (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Copyright and Tattoos: Hangover II Injunction Denied, But the Copyright Owner Got Some Good News Too–Whitmill v. Warner Bros.

Blogging 143

Blogging Fair Use Copyright Infringement Licensing 143

Technology & Marketing Law Blog

MARCH 9, 2024

As I wrote in 2005 in the Joffe post: Regulatory efforts to carve up marketing on a per-technology basis have failed. Stratics Networks appeared first on Technology & Marketing Law Blog. (See more possibly related blog posts on the incoherence of definitions of various electronic media).

Blogging 102

Blogging Publishing Technology Marketing 102

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” Whole Foods Market Service, Inc., The post 1H 2021 Quick Links, Part 1 (IP) appeared first on Technology & Marketing Law Blog.

IP 85

IP Social Media Fair Use Branding 85

TorrentFreak

MAY 14, 2022

On the flip side, today’s interconnected world has the ability to transform leaks into powerful advertising and hype, keeping message boards and social media alive with discussion of exciting new products, at zero cost to official marketing teams. First Images of ‘Valorant Mobile’ Appear.

Copying 110

Copying Social Media Copyright Copyright Law 110

LexBlog IP

SEPTEMBER 25, 2021

As to actual damages, the record was undisputed that “Plaintiff has no actual knowledge of damages resulting from Defendants’ conduct, Plaintiff is not seeking lost sales, lost market share, or lost goodwill, [and that] Plaintiff did no corrective advertising.” ” Id. Renosky , 399 F.3d 3d 168, 175 (3d Cir.

Trademark 52

Trademark Advertising Advertising Copying 52

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

IP and Legal Filings

FEBRUARY 26, 2024

Today, the prevalence of such activities can be seen in online rummy advertisements on social media and the 2013 IPL match-fixing scandal. Advertisements for these games are allowed as long as they are not indecent or immoral. 3] United Kingdom Gambling Act, 2005. [4] 6] Sikkim Regulation of Gambling (Amendment) Act, 2005. [7]

Law 90

Law Licensing Government Advertising 90

The IPKat

SEPTEMBER 24, 2021

Background In July 2001, an EU trade mark application was filed for the word sign ‘Vita’ for certain Class 9 goods, and later registered in September 2005. Genuine use must also be shown by way of solid and objective evidence of effective and sufficient use of the trade mark in the market concerned. Let’s see what happened.

Marketing 56

Marketing Marketing Ownership Advertising 56

The IPKat

APRIL 26, 2023

Further, an incorrect date could constitute misleading advertising under Art. 6 of Directive 2005/29/EC. Assuming an incorrect or at least questionable date from the outset would violate the presumption of lawful conduct of market players, which is a presumption that has been accepted by some courts (e.g.

Designs 73

Designs Design Art Intellectual Property 73

IP and Legal Filings

NOVEMBER 10, 2024

Encouraged by the success of Dream11, several other platforms entered the market, allowing people to form teams across various sports like football, kabaddi, basketball, and cricket. An uncertain approach by different states to regulations is a hindrance in the fantasy sports market.

Reporting 52

Reporting Licensing Law Government 52

SpicyIP

OCTOBER 23, 2023

The plaintiffs alleged that the defendant was advertising, manufacturing, and selling a similar product under the mark ‘BRAVOGARD,’ which infringed on their patent and trademark. Fewer generics enter the market after linagliptin’s patent term expired this August. R Rahman and producers of the movie Ponniyan Selvan 2.

Design 52

Design Designs Music IP 52

Above the Fold

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. As with all intellectual property tools, careful consideration should be taken when assessing a particular product’s copyright status. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

LexBlog IP

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. As with all intellectual property tools, careful consideration should be taken when assessing a particular product’s copyright status. ” [8]. Reebok Int’l Ltd. ,

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

43(B)log

APRIL 12, 2024

The court explains: Ashford University was founded in 2005, when Zovio, which had never offered any degree programs, purchased a small campus-based religious university located in Iowa. Zovio renamed the school Ashford University (Ashford) and transformed it into an enormous online institution that was marketed as a traditional university. [It

False Advertising 59

False Advertising Law Reporting Marketing 59

The TTABlog

AUGUST 2, 2021

distributor in 2005 and was still in that role when Mr. Shen filed the underlying trademark application in 2015 in his own name, the application being signed by Mr. Shen's attorney. Although ACIGI did pay for most of the advertising, that is not surprising when the manufacturer "is based in Japan and has little experience with the U.S.

Registration 52

Registration Ownership Licensing Trademark 52

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. The court held that puffery in advertisements is allowed as long as the assertions made are reasonable. DRS Logistics (P.) and Ors. , Dabur India Ltd.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. A third-party is engaged to assess factors like product demand, market condition, and potential patent infringement. They were able to invest in IP protection, research and development, and advertising.

IP 40

IP Intellectual Property Branding Branding 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2021

would be “in furtherance of the offense” of misappropriation, and since the plaintiff established at trial that the defendants advertised, promoted, and marketed the products embodying the allegedly stolen trade secrets inside the U.S., Since “use” of the trade secret inside the U.S. In 02 Micro Inter. Monolithic Power Systems, Inc.,

Patent Application 52

Patent Application Law Patent Publishing 52

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. Musk has bridged that gap. unless you are a Nazi or wannabe.

Law 110

Law Social Media Advertising Advertising 110

IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. This is called personality merchandising or ” marketing of one’s persona. Rights are crucial in today’s competitive world of celebrities competing for fame and advertising. L., & Lemley, M. link] Neethling, J.

Personality Rights 78

Personality Rights Privacy Social Media Copyright 78

IP and Legal Filings

APRIL 4, 2023

More and more Indian women are entering the workforce and working in business enterprises, banking, trade, international forums, and multi-national careers such as advertising and fashion, and have proven their worth as legislators, bureaucrats, judges, lawyers, doctors, engineers, accountants, and so on.

Law 93

Law Government Advertising Advertising 93

Technology & Marketing Law Blog

OCTOBER 29, 2023

“a provider such as Google can filter spam, including marketing emails, as ‘objectionable’ material under section 230.” The RNC is free to solicit funds through different channels, to pay for advertising space within Gmail, or to work towards crafting emails which are not recognized as spam.”

Marketing 122

Marketing Marketing Social Media Law 122

SpicyIP

SEPTEMBER 9, 2024

DHC Passed Over-broad Order in Louis Vuitton Advertisement Material Copyright Dispute More than what one wished for? Journey Through “Mays” on SpicyIP (2005 – Present) Concluding the “Sifting through the pages of SpicyIP” series, Lokesh takes a look at our posts from May(s). Other Posts SLP Rejected in Novartis v.

Trademark 90

Trademark Copyright IP Social Media 90