43(B)log

AUGUST 7, 2023

2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” Although not all the purchased products appeared in the Chinese import registry, “in its marketing, Paul Mitchell doesn’t just advertise that it sells ‘cruelty-free’ goods.

Marketing 52

Marketing Marketing False Advertising Advertising 52

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.’” Not all marketing of artistic works is noncommercial speech. The California Supreme Court reversed.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

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 111

Law Social Media Advertising Advertising 111

43(B)log

APRIL 25, 2022

25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. This was first used by VSL, marketed as VSL#3. De Simone created an eight-strain combination probiotic product known as the De Simone Formulation.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

TorrentFreak

JULY 11, 2022

For example, another recent target – Mixdrop.co – loads with no issues and the same holds true for ThePirateBay.org, the BPI’s first ever blocking target a decade ago in 2012. It’s hard to draw firm conclusions but this tends to suggest that EE doesn’t view site blocking as an exciting marketing opportunity.

Music 144

Music Publishing Ownership Marketing 144

TorrentFreak

NOVEMBER 17, 2022

Police say that they uncovered a network, operating through various companies, that had been fraudulently commercializing video content since 2012. Police say that than 95 resellers represented the service in Spain, UK, Malta, Portugal, Cyprus, and Greece.

Television 111

Television Reporting Advertising Advertising 111

Patently-O

JUNE 25, 2024

Hickma highlights some of the challenges that generics are facing when marketing drugs with these carved-out labels. The skinny label itself will not be enough to show inducement, but that evidence can be combined with other evidence (such as marketing) to prove liability. The Patents at Issue. The asserted patents, U.S. Patent Nos.

Marketing 89

Marketing Marketing Patent Brands 89

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. Starting in 2012, Uber Inc. Uber Technol.,

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

TorrentFreak

APRIL 10, 2024

A similar but broader effort failed in 2012 but twelve years is a very long time; in the tech and internet world, it’s almost forever. ” As stories go, it’s as compelling as a synopsis accompanying a good film on Netflix which promises and then delivers, exactly as advertised. Avatar: The Way of Water surging past $2.3

Television 128

Television Business Reporting Law 128

Above the Fold

APRIL 27, 2022

After the recent passage of Earth Day, companies released a number of advertisements promoting sustainable initiatives, earth-friendly products, and eco-conscious production methods. Greenwashing is “when a company purports to be environmentally conscious for marketing purposes but actually isn’t making any notable sustainability efforts.” [1]

Advertising 52

Advertising Advertising Marketing Marketing 52

43(B)log

OCTOBER 1, 2021

Whole Foods Market Service, Inc., Whole Foods began purchasing small quantities of basil from them and selling the product in Whole Foods Market stores in the San Diego area in 2007. False advertising: Plaintiffs didn’t plausibly plead a false or misleading statement in a commercial advertisement or promotion.

False Advertising 53

False Advertising Advertising Advertising Marketing 53

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark. Introduction. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand.

Trademark 76

Trademark Advertising Advertising Registration 76

IP and Legal Filings

JANUARY 22, 2023

Sen-Raleigh Cycle Factory, Asansol (West Bengal), first produced bicycle products in Siliguri, India, in the late 1920s and early 1930s, and they were marketed under the name “SEN-RALEIGH.” The plaint includes information on the registrations for the aforementioned mark, which are also registered trademarks in India.

Trademark 98

Trademark Registering Trademarks Social Media Business 98

IP and Legal Filings

NOVEMBER 11, 2021

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Firstly, trademarks help distinguish one product from another in the market. Lastly, trademarks are pivotal for commercial purposes such as sales and advertisements.

Trademark 98

Trademark Cease and Desist Brands Branding 98

TorrentFreak

FEBRUARY 15, 2022

With around 90% of the search market, Google is regularly criticized by rightsholders for allowing infringing content to appear in its search results. It has removed billions of reported infringing links and since 2012 has been downranking pirate sites, something that hit torrent portals particularly hard.

Social Media 107

Social Media Publishing Copyright Law Copyright 107

Above the Fold

DECEMBER 30, 2022

The Federal Trade Commission (FTC) announced earlier this month that it is seeking public comments on potential updates to its “Guides for the Use of Environmental Marketing Claims” (“Guides,” also known as “Green Guides”).

Marketing 52

Marketing Marketing Advertising Advertising 52

SpicyIP

SEPTEMBER 8, 2024

see this latest post) , penned a potent piece in 2012— examining the controversial past and uncertain future of the Council of Scientific and Industrial Research (CSIR). Generally, the benchmark for comparative advertising hinges on the “average consumer” test. See e.g., here , here , and here. Check Mihir’s post for more.

Advertising 111

Advertising Advertising IP Patent 111

Corsearch

MARCH 19, 2025

Why Gen Z matters to brands Typically defined as people born between 1997 and 2012, Gen Z are seen by many brands as the number one audience to connect with online. For all brands and marketers, the purpose driven element is critical. Gen Z are incredibly important for the future of any brand. And for brands, its the same.

Branding 52

Branding Brands Branding Social Media 52

LexBlog IP

APRIL 27, 2022

After the recent passage of Earth Day, companies released a number of advertisements promoting sustainable initiatives, earth-friendly products, and eco-conscious production methods. The FTC issued its first Green Guide in 1992, which it subsequently revised in 1996, 1998, and 2012. [2]

Advertising 52

Advertising Advertising Marketing Marketing 52

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

The IPKat

JULY 29, 2024

The contested products were condiments marketed under names such as “Balsamico di.” Background of the case The Consortium found that two Italian Companies marketed bulk condiments labelled with names such as “Balsamico di” and “Ristretto di Balsamico”. 1151/2012 (recently replaced by EU Regulation No. 238 (Law no.

Advertising 64

Advertising Advertising Art Marketing 64

Velocity of Content

OCTOBER 4, 2022

Unfortunately, much of what has been written about OA from the funder perspective looks at the journal market as comprised exclusively of two binary revenue inputs: APCs and institutional (academic) subscriptions. Corporations do not subscribe because they want to pay money; they subscribe because they rely on the content. Refining “Open”.

Journalism 98

Journalism Publishing Licensing Copying 98

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. WGACA, LLC, 2022 WL 902931, No. 2253 (LLS) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

SpicyIP

JANUARY 2, 2022

Both suits were filed before the 2012 amendment to the Copyright Act. Further, given that the 2012 amendment does not have a retrospective effect, the Court held that the amendment has no effect on the legal position. However, later the defendant served a termination notice against which the plaintiff filed this suit.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

AUGUST 28, 2024

Premier sold Joint Juice for treating/preventing joint pain; a jury found it liable to a consumer class for false advertising under NY law; and the district court awarded statutory damages to the class, but cut them by over 90%. Thus, the district court did not err by declining to instruct the jury on the safe harbor provision.

Law 59

Law Advertising Advertising False Advertising 59

The IPKat

JULY 5, 2024

The defendant manufactured and sold high-priced model cars, in particular for collectors and advertising clients. If the lower court concludes again that Volkswagen had established genuine use, it will have to consider that the contested goods are not directed at the general public but, rather, at collectors and advertising clients.

Licensing 69

Licensing Advertising Advertising Marketing 69

The IPKat

JUNE 11, 2022

On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9. Appeals were dismissed by the Fourth Board of Appeal (BoA) on the basis that evidence had to prove genuine use of the mark in the five years preceding the Cancellation Division’s decision (i.e.,

Advertising 97

Advertising Advertising Reporting Registration 97

SpicyIP

FEBRUARY 23, 2025

Havells, which introduced ‘REO’ in 2012 and holds a registered trademark, alleged that the defendants’ mark ‘CAB-RIO’ is deceptively similar and intended to ride on its goodwill. The appeal is set for final disposal on 21 April, 2025. and Cadila Healthcare Ltd.

Confidentiality 59

Confidentiality Trademark Copyright Infringement Music 59

LexBlog IP

SEPTEMBER 14, 2022

Securities and Exchange Commission Allison Herren Lee observed that “climate risks and sustainability are critical issues for the investing public and our capital markets.” In February 2022, the National Advertising Division (NAD), oversaw two cases concerning environmental claims. sustainable). million in penalties.

Marketing 52

Marketing Marketing Advertising Advertising 52

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

LexBlog IP

JANUARY 4, 2022

There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. It is more common than not for an advertiser to contest the track the challenger has selected, and we are already seeing more appeals and more referrals from these new tracks.

Advertising 52

Advertising Advertising Marketing Marketing 52

IP and Legal Filings

JANUARY 2, 2024

Financial intermediaries like banks and stock markets provided loans and facilitated share capital inflow and trading. However, start-ups often start with high costs and limited revenue, making it difficult for them to mobilize capital from traditional channels like the stock market or financial institutions. 100 Crores.

Business 98

Business Reporting Marketing Marketing 98

SpicyIP

FEBRUARY 23, 2025

Havells, which introduced ‘REO’ in 2012 and holds a registered trademark, alleged that the defendants’ mark ‘CAB-RIO’ is deceptively similar and intended to ride on its goodwill. The appeal is set for final disposal on 21 April, 2025. and Cadila Healthcare Ltd.

Confidentiality 52

Confidentiality Trademark Copyright Infringement Music 52

43(B)log

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh.

False Advertising 72

False Advertising Advertising Advertising Designs 72

Kashishipr

JUNE 9, 2021

The services are advertised on the idea that customers can store the files for offline usage, and that is a unique selling point of the service, and it thus is not incidental. Although customers may have easy and legal access to music than before, how true is it in India? The uncertainty about the substantive provision remains. Conclusion.

Music 98

Music Licensing Television Copyright Infringement 98

IP Tech Blog

MAY 19, 2022

Match.com used a 2012 TNS report to illustrate its goodwill and reputation and 70% of people surveyed would be able to recall Match.com if prompted, 44% unprompted and 31% of people would name Match.com as the first dating brand off the ‘top of their head.’. The lack of the suffix ‘.com’

Brands 57

Brands Branding Branding Intellectual Property 57