TorrentFreak

OCTOBER 18, 2022

After obtaining permission from the court in late April, MPA investigators began serving third-party subpoenas on advertising brokers including Amobee, Exponential Interactive, Oracle Corporation, Yahoo Ad Tech, AdSupply, Aragon Advertising, Insticator, and Outbrain, plus Amazon and Google. Arm’s Length Advertising.

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Advertising Advertising Business Reporting 143

TorrentFreak

JULY 10, 2024

In 2015, Brazilian developer Matheus Valadares shared a new game called Agar.io Similar to other games of its type, it’s free to play, with the occasional advertisement. While many players might appreciate the advertising-free gaming experience, not everyone fancies this unauthorized use.

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Advertising Advertising Copyright Publishing 124

43(B)log

NOVEMBER 19, 2021

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. Vacasa LLC, No. 6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. In Grubbs v. Sheakley Grp., 3d 785 (6th Cir.

Advertising 59

Advertising Advertising Marketing Marketing 59

The IPKat

MARCH 25, 2024

If you knew how to complete this phrase in 2015, you are part of the few percent of consumers who heard of the city of Compton and knew about its connection with hip-hop and rap music. Background On 8 September 2015, BIW Invest AG (‘BIW’) applied for registration of EU trade mark no.

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Music Cinema Design Designs 107

IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

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Fair Use Advertising Advertising Branding 98

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . A decision in 2015 concerned the definition of “public” in the act of communication.

Law 52

Law Copyright Television Copyright Infringement 52

43(B)log

JUNE 17, 2022

From 2015 to 2020, ASHI featured the following slogan on its website below its organizational logo: “American Society of Home Inspectors. They offer memberships to home inspectors, who typically inspect homes prior to home sales; they are currently the only two national bodies of this type. But wasn’t InterNACHI alleging sole competition?

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False Advertising Advertising Advertising Marketing 56

Technology & Marketing Law Blog

JULY 17, 2021

The opinion cites the 2015 NFB v. These various facilities owned and operated by defendants may support the operation of its website, but “the mere fact that [services] [were] organized at the defendants’ offices, which presumably are places of public accommodation, is not a sufficient link to support application of the ADA.”.

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Blogging Television Publishing Advertising 130

Plagiarism Today

MAY 23, 2022

The ad, which was produced by the London-based advertising agency M&C Saatchi, featured prominent Hong Kong actor and musician Andy Lau Tak-wah as he delivered a monologue about Xiaoman, the eighth solar term and second solar term of summer on the traditional Chinese calendar. A Repeating Problem. This is not a new problem.

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Plagiarism Copying Social Media Technology 249

43(B)log

JULY 24, 2023

Thanks to its patents, Amgen enjoyed a temporary exclusivity period for pegfilgrastim injections until 2015. But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. Sandoz Inc. 2023 WL 4681569 , No. 2:22-cv-05326-RGK-MARx (C.D.

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False Advertising Advertising Advertising Marketing 92

The IPKat

NOVEMBER 26, 2024

In 2016, the EUIPO Examination Division issued a total provisional refusal, citing descriptiveness and a lack of distinctive character under Articles 7(1)(b) and (c), in conjunction with Article 7(2), of the EU Trade Mark Regulation (EUTMR).

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Registration Advertising Advertising Television 116

43(B)log

APRIL 25, 2022

The plaintiffs alleged that the stamps themselves were “a powerful form of advertising because they allow the Brazilian plywood companies to market their products as conforming to an important American safety standard.” pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising.

False Advertising 56

False Advertising Advertising Advertising Licensing 56

SpicyIP

AUGUST 2, 2024

These various brands have posted laudatory posts congratulating her for this achievement, while at the same time utilizing her image and Olympic win for their own commercial own use by using it in the form of an advertisement. Building onto this development, in 2015, the Madras High Court in Shivaji Rao Gaikwad v. Entertainment Pvt.

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Branding Brands Branding Personality Rights 105

TorrentFreak

NOVEMBER 14, 2022

By mid-2015 it was common knowledge that the UK’s Police Intellectual Property Unit, Trading Standards, and Sky were teaming up to take sellers down yet a surprising number of sellers carried on regardless. In the summer of 2015, businesses operating in the same growing niche as DroidSticks were raided by PIPCU and Trading Standards.

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Intellectual Property Cinema Marketing Marketing 105

Technology & Marketing Law Blog

JANUARY 22, 2022

2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). Twitter Can’t Quash a 512(h) Subpoena. 512(h) Doesn’t Preempt Doe Unmasking Lawsuits–Strike 3 v. eBay Must Disclose User Identities In Response To 512(h) Subpoenas. Did a Court Eliminate 512(h) Subpoenas?–Maximized

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Fair Use Copyright Infringement Marketing Marketing 143

TorrentFreak

JANUARY 16, 2023

Interestingly, we did spot the site on an advertising blacklist maintained by City of London Police’s Intellectual Property Crime Unit (PIPCU). In 2015 UK ISPs began blocking proxy and proxy indexing sites, so that explains why thepirateproxybay.com and others are regularly blocked. ‘Criminal’ GitHub Subdomain.

Music 143

Music Intellectual Property Copyright Copyright Infringement 143

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. In another decision in 2015 , the BGH further specified the provisions of the UsedSoft case law.

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Related Rights Law Copyright Copying 52

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Applicant GB's design patent served as some evidence of non-functionality, but was outweighed by GB's own advertising touting the design's utilitarian benefits.

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Design Patent Advertising Advertising Design 90

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

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False Advertising Advertising Advertising Copyright 64

The IP Law Blog

DECEMBER 29, 2022

Google’s business model focuses on advertising revenue instead of charging users to utilize its search engine. The other search results generated by Google that are not associated with the paid advertisements are referred to as “organic” or “free” search results. The Ninth Circuit, after reviewing the entire record, disagreed.

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Advertising Advertising Marketing Marketing 104

IP and Legal Filings

JUNE 10, 2024

PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court.

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Trademark Advertising Registering Trademarks Advertising 97

Likelihood of Confusion

OCTOBER 8, 2024

Originally posted 2015-05-13 15:51:00. Google case that keyword advertising can be trademark use giving rise […] The post Wherefore art thou trademark use?

Art 52

Art Trademark Advertising Advertising 52

43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” Safelite counterclaimed for trade secret theft not related to advertising.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

TorrentFreak

APRIL 6, 2022

In 2019, LaLiga launched an investigation into a website advertised on social media that was being used to illegally market football content plus other material belonging to a “well-known” on-demand television platform. An announcement this week by Spain’s National Police reveals that La Liga is keeping its foot on the gas.

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Social Media Television Intellectual Property Technology 143

The TTABlog

AUGUST 6, 2024

Shepherd’s advertising expenditures because the figures seemed modest and there was no evidence about what C.E. Shepherd’s competitors spent on advertising. “Genericness and acquired distinctiveness are factual determinations that we review for substantial evidence.” In re Louisiana Fish Fry Prods., 3d 1332, 1335 (Fed. of New York v.

Advertising 72

Advertising Advertising Public Use Marketing 72

Technology & Marketing Law Blog

DECEMBER 31, 2021

2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). Other Blog Posts on 512(h). 512(h) Doesn’t Preempt Doe Unmasking Lawsuits–Strike 3 v. eBay Must Disclose User Identities In Response To 512(h) Subpoenas. Did a Court Eliminate 512(h) Subpoenas?–Maximized

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Fair Use Blogging Marketing Marketing 124

TorrentFreak

SEPTEMBER 30, 2022

With Arcom supporting their every move, various rightsholders stepped up to take advantage of new legislation designed to make pirate site blocking more efficient, to combat mirror sites and proxies, and to further punish sites by restricting appearances in search engines and curtailing advertising opportunities.

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Reporting Design Designs Marketing 139

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

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False Advertising Advertising Advertising Settlement 62

43(B)log

SEPTEMBER 7, 2021

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. But in 2019, Uber Technology allegedly began preparatory steps to enter the advertising business. Starting in 2012, Uber Inc.

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Graphic Design Advertising Advertising Technology 59

The IPKat

NOVEMBER 20, 2023

Background On 14 July 2015, 44IP Limited (’44IP’), which manages the IP rights of Sir Lewis Carl Davidson Hamilton MBE, filed EU trade mark application no. The application of this principle required Lewis Hamilton to be famous in the entire EU at the filing date of the contested application, i.e. on 14 July 2015.

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Art Brands Branding Branding 105

The IPKat

JANUARY 25, 2024

Background In 2010, Buongiorno Myalert SA (Buongiorno), an Italian mobile apps and services provider, launched an advertising campaign for a paid subscription to a multimedia messaging service, marketed under the name ‘Club Blinko’.

Advertising 67

Advertising Advertising Law Marketing 67

43(B)log

APRIL 29, 2024

2015) “in this circuit, a reverse passing off claim requires the alteration of a product and a subsequent sale.” False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service.

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False Advertising Intellectual Property Copyright Notice Advertising 59

Erik K Pelton

DECEMBER 20, 2022

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2015: [link]. The court issued a preliminary injunction and the duo agreed to no longer use Vogue’s marks in connection with the album. Metaverse and NFT Filings Decrease. 2020: [link]. 2019: [link].

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The TTABlog

OCTOBER 27, 2021

Click on picture for larger image Section 45 of the Trademark Act provides, in pertinent part, that a mark is considered to be in use in commerce for services "when it is used or displayed in the sale or advertising of services and the services are rendered in commerce." Harrison won, at least at the TTAB. Playdom , 778 F.3d

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Licensing Advertising Advertising Social Media 52

Selvam & Selvam Blog

DECEMBER 6, 2024

IndiGo has also secured registration for the word mark 6E Link under multiple classes in 2015. However, the mark has not yet been advertised in the Trademark Journal, meaning no one can oppose its registration as yet. Notably, 6E has become a dominant feature and exclusive to the Indigos brand and its associated services.

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Trademark Intellectual Property Registration Branding 52

Garrigues Blog

FEBRUARY 5, 2024

” This wording corresponds to the transposition of Directive 2015/2436 of December 16. Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS. The Commercial Court No.

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Trademark Trademark Law Advertising Advertising 59

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. So the burden falls to Princeton to show that its exclusion is valid.” Princeton Excess & Surplus Lines Ins.

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Advertising Advertising Settlement Contracts 64