Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Normally trademark owners aren’t third-party beneficiaries of that contract.

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Trademark False Advertising Advertising Advertising 144

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

NOVEMBER 8, 2023

Then, in 2010, the European Court of Justice ruled in favor of the Google Adwords Program holding such use to be non-infringing. Only then does Google need to take action against the advertisement and not otherwise. But what are the implications of this (not-so-straightforward?) ruling on Indian businesses and trademark holders?

Trademark 59

Trademark Publishing Journalism Copyright 59

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The abbreviated biosimilar licensure pathway created by the Biologics Price Competition and Innovation Act (BPCIA) in 2010 was designed to increase competition for biologics and reduce healthcare costs. Regulatory And Legislative Actions Set The Tone For Biosimilars in 2021.

Settlement 40

Settlement Licensing Designs Design 40

The IPKat

MARCH 27, 2022

After further design work on an elasticated panel (or gusset to expand and contract with the calf) with strips of leather/suede running down the back of the boot and adding of tassels, the design was finalized in November 2014. The final design added a higher heel and varied the design of the leather/suede strips.

Designs 52

Designs Design Copying Art 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising. Coinciding with this announcement, FDA issued draft guidance titled “ Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products Questions and Answers.”

Settlement 52

Settlement Litigation Marketing Marketing 52

43(B)log

AUGUST 11, 2022

Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. Comparative advertising is another example of free riding that is actually a very good idea. But there weren’t reported lawsuits against Bollywood films.

IP 56

IP Copying Marketing Marketing 56

43(B)log

FEBRUARY 3, 2023

Maybe the consumer base will stave this off for music since the market is different/less focused on advertisers. Photographers=demonstrated that they are artists, not the way they made their $, which was through contracts. Widespread piracy corroded the traditional model—pirated PC games were 4x authentic copies in UK in 2010.

Copyright 59

Copyright Music Marketing Marketing 59

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). Since the BPCIA’s enactment in 2010, 50 BPCIA cases have been filed in district courts. ( See Figure 2.)

Litigation 52

Litigation Settlement Marketing Patent 52

IP and Legal Filings

FEBRUARY 19, 2025

Introduction In the world around, you might have witnessed an advertisement taking place without being in official association with the organisers or the owners, but pretends in such a way that it is officially associated with the event. This type of marketing practise is known as ambush marketing practise. Arvee Enterprises and Ors.

Intellectual Property 96

Intellectual Property Marketing Marketing Brands 96

Technology & Marketing Law Blog

JANUARY 24, 2023

Musk bought Twitter, changing its competitive posture (more #MAGA, fewer journalists), decreasing its advertiser base, and otherwise causing Twitter’s implosion. Previous year-in-review lists from 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006.

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Law Social Media Government Privacy 122

Technology & Marketing Law Blog

JANUARY 9, 2025

Meanwhile, Twitter’s marketplace decline has demonstrated (once again) that market mechanisms–including users and advertisers voting with their “feet”–still carry a potent sting online. His actions may be troubling and ill-advised, but regulatory limits would be impermissible censorship. Emoji Law Cases Are.

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Social Media Law Government Privacy 102