43(B)log

DECEMBER 22, 2023

As far as the Court can tell, … PIRG does no work addressing false or misleading labeling for bed sheets, textiles more generally, or even false advertising as a category. So what was the problem? The cy pres doctrine simply allows for a distribution that achieves those benefits indirectly.”

False Advertising 59

False Advertising Advertising Advertising Settlement 59

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% of the market; its closest competitor had just 3%.

False Advertising 64

False Advertising Marketing Marketing Advertising 64

43(B)log

SEPTEMBER 20, 2021

In 2016, the CDC and the FDA began investigating reported instances of illnesses related to Listeria and soon determined that the strains were “closely related to strains” of Listeria detected in vegetables processed at CRF’s facility. Lanham Act claim: The recall was not “commercial advertising or promotion.” 3d 723 (6th Cir.

Advertising 56

Advertising Advertising Business Reporting 56

43(B)log

FEBRUARY 21, 2024

Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” million lines of code,” or about 1,500 lines per day.

Marketing 59

Marketing Marketing Trademark Registration 59

43(B)log

JUNE 17, 2022

InterNACHI argued that ASHI’s tagline constituted Lanham Act false advertising because it portrays ASHI’s entire membership as being educated, tested, verified, and certified, even though its membership includes so-called “novice” inspectors who have yet to complete training or become certified.

False Advertising 56

False Advertising Advertising Advertising Marketing 56

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

Copyright 114

Copyright Advertising Advertising Trademark 114

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. and many markets globally.” “So

False Advertising 64

False Advertising Advertising Advertising Litigation 64

43(B)log

FEBRUARY 14, 2025

11, 2025) This discovery dispute says some interesting things about gray market goods. Toyota argued that if Allen plans to argue that the Toyota Branded Parts it sells are covered by some type of Manufacturer Warranty as advertised to the consuming public, Toyota is entitled to know what warranties, if any, are offered by Allens suppliers.

Marketing 52

Marketing Marketing False Advertising Advertising 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 111

Law Social Media Advertising Advertising 111

The TTABlog

AUGUST 6, 2024

Shepherd’s contention, the Board did not err in crediting evidence from international websites, given its finding that they were in English and were directed to the United States market. Shepherd had little probative value because the affiants were not necessarily representative of the market. See In re Bayer AG , 488 F.3d

Advertising 72

Advertising Advertising Public Use Marketing 72

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 98

IP Advertising Advertising Copyright 98

TorrentFreak

OCTOBER 25, 2023

The suggestion that broadcasters were taken by complete surprise underestimates their market awareness, but whether most expected the initial hors d’oeuvre to be immediately followed by a perpetual all-you-can eat TV banquet, seems at least somewhat improbable. ’ as reported by local media.

Reporting 120

Reporting Copyright Infringement Copyright Business 120

TorrentFreak

NOVEMBER 14, 2022

So-called ‘fully-loaded’ Android boxes were openly sold on eBay, Amazon, and other online platforms, while local markets, car boot sales, and dedicated retail units offered a same-day service. New Marketing Strategy Changed Nothing. This prompted a marketing review at DroidSticks. Powell Was Raided in June 2016.

Intellectual Property 104

Intellectual Property Cinema Marketing Marketing 104

TorrentFreak

APRIL 6, 2022

From a few early steps in 2016/2017 and more recently in 2022 , services are being dynamically blocked and many individuals have been arrested for broadcasting or selling access to the league’s games without permission. LaLiga Strikes Again. Top-tier Spanish football league LaLiga is now tackling live streaming piracy on all fronts.

Social Media 143

Social Media Television Intellectual Property Technology 143

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Alkutkar joined Bumble in 2016. Bumble appeared first on Technology & Marketing Law Blog. Bumble successfully redirects the case to arbitration based on its TOS. Bumble, Inc.

False Advertising 141

False Advertising Marketing Marketing Advertising 141

IPilogue

SEPTEMBER 29, 2021

Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. In fact, nearly all creations by Andy Warhol are derivatives of existing images—celebrity photos, advertisements, magazine illustrations, etc.—to

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” Philpot sued in 2020 over the 2016 IJR publication, i.e., after the 3 year statute of limitations that no one seems to care about post-Petrella. (In ” Market Effect. Larry Philpot is a repeat copyright plaintiff.

Fair Use 105

Fair Use Licensing Copyright Marketing 105

The IPKat

JULY 29, 2024

238/2016) on the organic discipline of wine cultivation and wine production and trade. The contested products were condiments marketed under names such as “Balsamico di.” 238/2016 , reserved for products obtained exclusively from the acetic fermentation of alcoholic or sugary liquids of agricultural origin. 238 (Law no.

Advertising 64

Advertising Advertising Art Marketing 64

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 court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

Advertising 64

Advertising Advertising Settlement Contracts 64

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. During the Victorian British Rule, horse betting was also introduced in India.

Law 97

Law Licensing Government Advertising 97

The IPKat

JUNE 11, 2022

However, upon further examination, it appears that the outcome was to be expected, given that revocation proceedings were based on a lack of genuine use of the mark between 2011 and 2016. from 14 October 2011 to 13 October 2016). Trying to follow Apple's words of wisdom.

Advertising 97

Advertising Advertising Reporting Registration 97

SpicyIP

MARCH 14, 2025

The eatery owners argued that they had been using the name Burger King since 1992, which was over two decades before Burger King US entered the Indian market in 2014. It becomes critical to ask whether prior use in the worldwide market suffices in such cases. Relying on Syed Mohideen v P.

Trademark 63

Trademark Registering Trademarks Registration Brands 63

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

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 59

False Advertising Cease and Desist Advertising Advertising 59

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. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

False Advertising 45

False Advertising Advertising Advertising Patent 45

43(B)log

OCTOBER 4, 2021

22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” Change over time in likelihood of confusion, not change over time in market share, is the key.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

TorrentFreak

MARCH 10, 2022

Indeed, we report way more than they do but according to van Voorn, the North American market is being hit hard. Possibly as a result, mid-2020 Watchsomuch was advertising on Twitter that its.org domain wasn’t the only option for accessing the platform. So how do these agreements work?

Cease and Desist 98

Cease and Desist Reporting Advertising Advertising 98

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 129

Social Media Advertising Advertising Design 129

IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. 3) Examination of the application- Per the Trademarks Act 2016, the government authorities issue an examiner.

Trademark 98

Trademark Service Mark Registration Registering Trademarks 98

TorrentFreak

AUGUST 24, 2023

government, leading to the platform making annual appearances in the USTR’s ‘notorious markets’ list. The site was sued in the United States in 2016 and emerged on the wrong end of a $210,000 judgment , yet appeared entirely unaffected. One of the claimed benefits of Fmovies is that advertising is kept to a minimum.

Government 98

Government Marketing Marketing Advertising 98

The IPKat

MARCH 25, 2024

On 27 June 2016, BIW filed another application for EU trade mark no. In 2020, New Yorker Marketing & Media International GmbH (‘New Yorker’) filed invalidity applications against BIW’s trade marks, alleging that they lacked distinctiveness and were descriptive at the filing date ( Art. Both trade marks were registered.

Music 109

Music Cinema Designs Design 109

Kashishipr

AUGUST 18, 2021

Therefore, the adoption of a series of marks to commercially market goods and services would not suffice the creation of a family of marks. The same is majorly influenced by the mode of use, nature of advertising, and inherent nature contributing to the inherent distinctiveness of the mark owing to its common characteristics.

Trademark 105

Trademark Registration Brands Branding 105

The IP Law Blog

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category.

Copying 98

Copying Marketing Marketing Advertising 98

Technology & Marketing Law Blog

JANUARY 22, 2023

. “Ratermann’s claims are, indisputably, based on these Defendants’ allegedly unlawful ‘dissemination’ of her likeness and nothing more… Even if Defendants ‘used’ Ratermann’s likeness ‘for advertising purposes,’ that does not defeat the protection of Section 230.” Remo , Franklin v.

Privacy 111

Privacy Intellectual Property IP Intellectual Property Law 111

SpicyIP

DECEMBER 23, 2024

Marico had sought injunction on Alpinos advertisement alleging generic disparagement of oats. The plaintiffs are owners of the suit patents, the claims of which cover Tofacitinib and that Tofacitinib is the active pharmaceutical ingredient of the product marketed under the name Xeljanz. Xeljanz was launched in India in the year 2016.

IP 58

IP Trademark Registering Trademarks Personality Rights 58

IP and Legal Filings

DECEMBER 13, 2024

The petitioner through the simple means of regular and massive use and advertising of its FEVIKWIK trademark already holding a strong market with a design not changed since 1987, argued that it had a right to the recognition of goodwill in such a name. General Mills Marketing Inc., General Mills Marketing Inc.,

Trademark 98

Trademark Brands Branding Branding 98

The TTABlog

OCTOBER 3, 2024

Likewise, the limited evidence of advertising expenditures and gross sales revenues is "superficially probative of secondary meaning, too." The sales and advertising figures lacked industry context, and the raw sales figures "may only point to product popularity or rapid market gains."

Advertising 64

Advertising Advertising Registration Designs 64