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. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

IPilogue

NOVEMBER 18, 2022

This includes at least eight US design patents filed by Adidas in 2016 that claim the ornamental design of the Yeezy sneakers. Remedies for breach of such clauses include corrective advertising, damages, and contract termination. A licensing agreement between Mascotte and Adidas exists for the “Yeezy” trademarks.

Business 131

Business Contracts Branding Brands 131

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. The consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

Advertising 62

Advertising Advertising Settlement Contracts 62

TorrentFreak

DECEMBER 23, 2021

Following its launch in 2016, pirate manga site Mangamura grew to become one of the most successful sites of its kind. On June 2, 2021, he was sentenced to three years in prison and fines in excess of US$650,000, much of it representing a clawback of revenue generated by advertising.

Advertising 128

Advertising Advertising Copyright Infringement Copyright 128

43(B)log

JANUARY 3, 2024

I’m only going to discuss the false association/false advertising bits; as to the latter, state law provides more protection than federal because of the “commercial advertising or promotion” requirement for Lanham Act false advertising. The false association/coordinate state law claims survived. Ankura Consulting Grp.,

False Advertising 57

False Advertising Cease and Desist Advertising Advertising 57

SpicyIP

JANUARY 23, 2022

As part of the course pedagogy, two question papers from 2013 and 2016 will be solved and methods to draft claims, specification, and abstract will be discussed. Participants can also send in their solved questions from the years 2013 and 2016 and they will get individual feedback. may be addressed to eoffice@techlaw.in.

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105

The IPKat

JUNE 30, 2024

Amo Films and Mr F learned that RATP had organised an exhibition of 27 of these photographs in 2016 and had reproduced 69 cropped shots in volume 3, despite their disagreement and without naming Mr F. To achieve this, Amo Films called on the services of Mr F, a professional photographer and freelance filmmaker.

Moral Rights 133

Moral Rights Copyright Infringement Copyright Advertising 133

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

False Advertising 44

False Advertising Advertising Advertising Patent 44

Technology & Marketing Law Blog

JUNE 23, 2024

The green “upgrade now” button plays a key role in the court’s latest analysis: Enigma sued Malwarebytes for its classifications in 2016, back when Obama was still president. After remand, the case went back to the Ninth Circuit, which held that anti-threat classifications might be Lanham Act false advertising.

Law 59

Law False Advertising Advertising Advertising 59

43(B)log

APRIL 17, 2023

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act. Citing, among others, Enigma Software Grp. USA, LLC v. Bleeping Comput. LLC, 194 F.

Advertising 52

Advertising Advertising Editing Litigation 52

TorrentFreak

APRIL 6, 2023

For those who care to remember it, November 2016 was a dark month for communities with a penchant for sharing files. Then in November 2016, as French authorities swooped, What.cd The goal was to identify financial accounts, assets, advertising agencies, and the site’s hosting servers.

Intellectual Property 113

Intellectual Property Inventor Reporting Music 113

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. 5, 2016), [link] committees-recommendation-of-legalising-betting-in-cricket-is-welcome/.

Law 74

Law Licensing Government Advertising 74

Plagiarism Today

AUGUST 10, 2022

First off today, Megan Butler at Courthouse News Service reports that the 11th Circuit Court of Appeals heard arguments in a lawsuit over the 2016 hit rap song Everyday We Lit. Let me know via Twitter @plagiarismtoday. 1: Music Producer Challenges Copyright Infringement Claims Over Hit Rap Song.

Cinema 196

Cinema Copyright Infringement Plagiarism Licensing 196

Patently-O

OCTOBER 3, 2021

Lee , 1:15CV405(JCC/IDD), 2016 WL 880367, at *2 (E.D. 8, 2016) (“The parties have agreed that. Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. ”); Seacret Spa Intl. ”); Autodesk, Inc.

Trademark 131

Trademark Registration Advertising Advertising 131

TorrentFreak

AUGUST 17, 2021

In 2016, companies including Bell Canada, Videotron, Group TVA and Rogers Communications filed a copyright infringement action at Canada’s Federal Court. The plaintiffs were awarded an interlocutory injunction in 2016 and later sought a default judgment after the defendants failed to file a defense.

Copyright 143

Copyright Copyright Infringement Advertising Advertising 143

43(B)log

JANUARY 17, 2024

Ultra Bond alleged that Safelite violated the Lanham Act by falsely advertising that windshield cracks longer than six inches could not be safely repaired and instead required replacement of the entire windshield. Safelite is the VGRR market leader: in 2016, it had 35.4% Safelite counterclaimed that Ultra Bond stole trade secrets.

False Advertising 62

False Advertising Marketing Marketing Advertising 62

Kluwer Copyright Blog

AUGUST 25, 2023

Background Christmas in the UK has become almost synonymous with the arrival of the John Lewis advertisement that for many marks the beginning of the festive season. Since 2009, these advertisements have been created by leading agency, adam&eve. The elements within the 2016 Treatment could therefore not have been copied from FFD.

Copyright 52

Copyright Copying Copyright Infringement Social Media 52

Kluwer Copyright Blog

MAY 23, 2022

This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims. In 2016, the Court ruled on the slogan “ You are, we car ” used (again) by FIAT to advertise its new “500” car model, without mentioning the name of the author who came up with the catchphrase.

Copyright 106

Copyright Advertising Advertising Trademark 106

The IP Law Blog

MARCH 24, 2022

The plaintiffs, in that case, are two photojournalists who captured images of the George Floyd protests and the 2016 election and posted them to Instagram. The plaintiffs alleged that Instagram encouraged the embedding of photos in order to drive up advertising revenue. The photographers filed a class action claim against Instagram.

Copyright Infringement 98

Copyright Infringement Copyright Advertising Advertising 98

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. seriously, are you still posting THERE???) TikTok bans.

Law 104

Law Social Media Advertising Advertising 104

43(B)log

SEPTEMBER 30, 2021

Sanderson continues to use and defend the use of antibiotics, but advertised its chicken products as “100% Natural” and ran advertisements stating that there were “[n]o antibiotics to worry about here.” The groups sued under the UCL and FAL.”To By contrast, merely continuing ongoing activities does not satisfy this requirement.

Advertising 44

Advertising Advertising Litigation Blogging 44

43(B)log

DECEMBER 29, 2022

“The central issue in this case is whether Circle K’s discount advertisements misled customers into believing that the multi-pack discount applied to purchases of cartons.” But these variations were not material to “the central issue of whether purchasers of cartons received the multi-pack discount that was advertised. numerosity).

Advertising 57

Advertising Advertising False Advertising Law 57

43(B)log

FEBRUARY 8, 2024

However, the advertised rates don’t include the “U.S. Music Royalty Fee in addition to the advertised and promised price.” “At Subway Franchisee Advertising Fund Trust, Ltd., 2018), a reasonable consumer is not “expected to look beyond misleading representations” in one part of an advertisement “to discover the truth.

Music 57

Music Contracts Advertising Advertising 57

Technology & Marketing Law Blog

DECEMBER 27, 2023

It would be as if an image within a newspaper advertisement were not commercially used until a customer paid their quarter, unlocked the newsrack, opened the paper, began reading, opened the page containing the relevant circular, and saw it. Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.”

IP 73

IP Advertising Advertising Copyright 73

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. In 2016, the Latinfood website contained the phrase “We have products from” followed by marks of imported brands, among which was an image of Industria’s Zenú mark.

False Advertising 57

False Advertising Advertising Advertising Registration 57

Technology & Marketing Law Blog

MARCH 29, 2022

She played the game virtually every day from 2016-19–over 10,000 hours worth–and spent over $9,000 on in-game transactions. This lawsuit involves the freemium videogame “ Forge of Empires.” ” The plaintiff, Penny Quinteros (a/k/a TwoCents), claims she became addicted to the game.

Contracts 114

Contracts Advertising Advertising Confidentiality 114

The TTABlog

JULY 18, 2024

The evidence also directly showed substantial revenues and advertising expenditures in the U.S. As to Instasize's evidence of numerous third-party uses of "INSTA" in app names, opposer countered with its evidence of secondary meaning and the Board accepted opposer's expert testimony based on a 2016 research study. based company."

Editing 64

Editing Registration Advertising Advertising 64

IPilogue

JANUARY 19, 2022

Google was not a competitor at the time, but it soon moved into Sonos’ space, launching its first music streaming device, Chromecast, in 2015 and the Google Home speaker in 2016. . The newer products developed by Google are using different technologies, and Google’s main cash cow, online advertising, remains intact. .

Patent Infringement 106

Patent Infringement Patent Technology Music 106

The IPKat

MAY 3, 2022

In 2016, Verstappen was featured in a TV commercial for Dutch supermarket chain Jumbo. Comment Although the Dutch Supreme Court extended the protection of image rights beyond their original scope, the decision allows image right law to be more flexible and adaptable to modern times and advertising trends.

Law 131

Law Advertising Advertising Art 131

IPilogue

OCTOBER 6, 2021

Since 2016, the City of Munich has put forward applications to trademark the term; and ever since 2016, their applications have been rejected. The EUIPO allowed Munich to trademark Oktoberfest under twenty-two product classes including, most importantly, tourism advertising.

Trademark 59

Trademark Intellectual Property Advertising Advertising 59

TorrentFreak

NOVEMBER 14, 2022

In 2016, the Commercial Court of A Coruña ruled that Rojadirecta must stop linking to unauthorized streams of football events. The site reportedly earned between one and two million euros per year in advertising revenue, of which the operator was the main beneficiary. Mediapro vs Rojadirecta. Seoane is the sole operator.

Copyright Infringement 83

Copyright Infringement Reporting Advertising Advertising 83

43(B)log

MAY 19, 2023

Natera’s advertising touted “fewer false positives and fewer false negatives” and offered patients the ability to “[d]iscover more about your baby’s health.” In 2016, Natera acknowledged the results of a published study which found that Panorama had an 18% PPV for DiGeorge syndrome, a rare genetic condition.

Advertising 52

Advertising Advertising False Advertising Law 52

Patently-O

JULY 19, 2023

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

LexBlog IP

DECEMBER 11, 2023

3 of 2016 on Child Rights (Wadeema’s Law). Strict regulations on tobacco and vaping advertisements. 3 of 2016 on Child’s Right (Wadeema’s Law) Article 21: Prohibited Acts Sale or attempt to sell tobacco or tobacco products, including vaping, to children. 15/2009 on Tobacco Control, Cabinet Decision No.

Law 52

Law Designs Design Advertising 52

The IPKat

JULY 5, 2024

The defendant manufactured and sold high-priced model cars, in particular for collectors and advertising clients. Both dates were rather close together and they covered March/April 2011 to March/April 2016. The Bulli was first sold in 1950 and is still present on the streets (at least in Germany).

Licensing 64

Licensing Advertising Advertising Marketing 64

43(B)log

DECEMBER 30, 2022

Plaintiffs demand that the Jets and the Giants remove all references to New York from their names, logos, and advertising, and pay damages to those they deceived. It is “well settled that a court may determine as a matter of law that an allegedly deceptive advertisement would not have misled a reasonable consumer.”

False Advertising 57

False Advertising Advertising Advertising Art 57

Garrigues Blog

JULY 11, 2022

The case started in October 2018, when the sponsor of the festival, in order to advertise that Golpes Bajos would be playing, decided to publish a poster on social media, which included the name and a photograph of the deceased lead singer of the band. Comparison with other earlier judgments by the Supreme Court.

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52