LexBlog IP

DECEMBER 3, 2021

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Instead, it provides a useful framework to enhance businesses’ understanding of their obligations when conducting in-game advertising. It is worth noting that this Guidance has not amended the Codes.

Advertising 52

Advertising Advertising Publishing Government 52

43(B)log

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.”

Advertising 64

Advertising Advertising False Advertising Copyright 64

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. CV H-17-1068, 2017 WL 2957912, at *8 (S.D. In 2014, the defendant launched a website called “The Texas Tamales Warehouse” but was driven off of that. ” That prompted this litigation.

Trademark 114

Trademark Advertising Advertising False Advertising 114

43(B)log

SEPTEMBER 28, 2021

Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t. In 2017, VFB began selling a pre-mixed canned Bloody Mary cocktail as “Vampire Gourmet Bloody Mary Cocktail,” allegedly made with actual tomatoes and vodka.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

JD Supra Law

APRIL 14, 2022

In 2017, the US-based Association of National Advertisers named AI (artificial intelligence) its marketing word of the year. In 2021, Collins Dictionary named “NFT,” the abbreviation for non-fungible token, its word of the year. As the recent rise of the use of both tools is evident, one may wonder whether they can operate together.

Non-Fungible Tokens 101

Non-Fungible Tokens Advertising Advertising Marketing 101

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 64

Advertising Advertising Settlement Contracts 64

The IPKat

SEPTEMBER 12, 2023

At the end of 2017, they acquired original JOOP! and Calvin Klein perfumes and sold them in their stores from December 2017 to October 2018. In February 2018, ALDI SÜD advertised the perfumes in their weekly promotional brochure for Valentine’s Day. Coty claimed that the presentation and advertising of the JOOP!

Advertising 117

Advertising Advertising Branding Brands 117

The IPKat

SEPTEMBER 22, 2022

According to the Court, the advertising and promotional activities for the marks relating to hotel and ancillary services constitute acts of use of an EU trade mark. For the most part, when looking for a hotel room, Merpel does not look for "standard" services. The General Court annulled the decision of the Fifth Board of Appeal.

Advertising 52

Advertising Advertising Intellectual Property Marketing 52

The IPKat

APRIL 4, 2023

7(1)(b) of Regulation 2017/1001 ) and violation of public policy and accepted principles of morality ( Art. 7(1)(f) of Regulation 2017/1001 ). 7(1)(f) of Regulation 2017/1001. Due to the strict approach taken in EU case law regarding advertising slogans, the vast majority are rejected because of non-distinctiveness.

Advertising 96

Advertising Advertising Art Registration 96

The IPKat

JANUARY 19, 2023

Later that year, the Office raised an objection in accordance with Article 7(1)(b) – (c) and 7(2) of Regulation 2017/1001 (EUTMR). The above perception by the consumer would be all the more proven given that the use of the image of famous movie character for exclusively advertising purposes is relatively common in many sectors.

Advertising 141

Advertising Advertising Registration Business 141

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 45

False Advertising Advertising Advertising Patent 45

The IPKat

FEBRUARY 27, 2023

In particular, the Board of Appeal took the view that the sign would be understood by the relevant public as an advertising slogan and not as an indication of the origin of the goods. Comment This decision adds to the increasingly relevant debate on greenwashing.

Trademark 130

Trademark Advertising Advertising Marketing 130

The IPKat

DECEMBER 22, 2022

In particular, this may be the case where an online marketplace displays its own logo on the advertisements of third-party sellers and it carries out the storage and shipping of the third party goods in question. For example, how is the operator displaying its advertisements (e.g., storing and shipping their products)?

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Advertising Advertising Marketing Marketing 143

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

JULY 25, 2024

Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Where there is no allegation of a comparative advertisement, §43(a)(1)(B) requires “some affirmative indication of actual injury and causation.” 23-CV-5074 (JPO) (S.D.N.Y.

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

The IPKat

SEPTEMBER 23, 2023

In a recent judgment , the District Court of the Hague (the Court) found that Fruugo, an online marketplace, was not directly liable under trade mark law for the advertisement and sale, on its platform, of products which infringed the trade marks of Audi and Volswagen.

Advertising 132

Advertising Advertising IP Law 132

TorrentFreak

SEPTEMBER 25, 2024

In 2017, Elsevier won a court case against LibGen and Sci-Hub in a New York federal court, which awarded the publisher $15 million in damages. Court orders have led to LibGen being blocked in several countries, but completely eliminating the threat has been extremely difficult.

Publishing 143

Publishing Copyright Infringement Social Media Copyright 143

TorrentFreak

JANUARY 21, 2022

Activision Investigation Has Been Running Since 2017. According to new filings with the court, Activision’s investigation into EngineOwning has been live since 2017. In 2017 and 2018, its lawyers wrote to them several times, demanding that they cease and desist. Without a doubt, the list of companies is extremely broad.

Cease and Desist 143

Cease and Desist Social Media Reporting Copyright Infringement 143

TorrentFreak

OCTOBER 17, 2024

The origin story takes us back to late 2017, when ExtraTorrent had just shut down. Meanwhile, Genesis helped out with the finances until the site could sustain itself though advertisements. At the time, Genesis came up with the idea to start a new torrent site.

Ownership 111

Ownership Advertising Advertising Copyright 111

Likelihood of Confusion

JANUARY 25, 2022

Probably isn’t good enough pic.twitter.com/9rQwe0JVMm — Ron Coleman (@RonColeman) May 17, 2017 Originally posted 2017-05-18 06:36:08. Republished by Blog Post Promoter. The post Participation vacancy appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 98

Blogging Branding Brands Branding 98

TorrentFreak

APRIL 6, 2023

The goal was to identify financial accounts, assets, advertising agencies, and the site’s hosting servers. They spent the next few months in prison before being released in March 2017 with conditions, electronic tagging included. In the wake of the raid, it was claimed that Zone-Telechargement generated at least 1.5

Intellectual Property 131

Intellectual Property Inventor Reporting Music 131

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. 2017/1001 and thus can be registered as a trademark. Introduction. Image Source: gettyimages].

Trademark 58

Trademark Advertising Advertising Registration 58

TorrentFreak

NOVEMBER 15, 2021

The Trading Standards team started its investigation in 2017. Trading Standards officers bought three devices that worked as advertised. “FACT will continue to monitor platforms used to advertise, market, sell and distribute apps, devices and streams, to take action against suppliers, operators and consumers,” Sharp says.

Advertising 142

Advertising Advertising Reporting Marketing 142

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. 2017), [link] GRnQk94ZEE/view. 2017), [link] GRnQk94ZEE/view. 22,2011),[link] casinos/1/157060.html.

Law 90

Law Licensing Government Advertising 90

TorrentFreak

OCTOBER 26, 2024

Had a crystal ball been available back in 2017, Merrell would’ve observed the operators of Flawless being sent to prison in 2023 for more than 30 years. In a subsequent interview Merrell admitted that he’d serviced 1,000 customers since 2017, a figure later revised to 2,000 by 2021.

Social Media 107

Social Media Reporting Advertising Advertising 107

43(B)log

AUGUST 26, 2024

To get a sense of the costs at issue, over 2017-2019, at least 485 consumers purchased stem cell therapy injections from one defendant, Superior, at a total cost of $3,350,416. They provided “resources — marketing manuals, flyers, lectures, sample emails ads, and PowerPoints — and a procedure to launch advertising campaigns.”

Advertising 59

Advertising Advertising Marketing Marketing 59

IP and Legal Filings

JANUARY 19, 2023

Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. With “blockchain” in their name, almost 5,000 companies have been formally registered, up from 500 in 2017.

Government 90

Government Marketing Marketing Business 90

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

TorrentFreak

APRIL 24, 2024

It’s been brought up several times over the years, dating back to at least 2017. Other popular reasons to pirate include content being unavailable through legal channels, or to avoid advertising. This revelation isn’t new. At the same time, however, the majority of respondents didn’t mention cost as a problem.

Advertising 140

Advertising Advertising Marketing Marketing 140

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.” Nor were activities after suit was filed in June 2017, such as expending resources on the litigation and litigation publicity.

Advertising 45

Advertising Advertising Litigation Blogging 45

TorrentFreak

JULY 18, 2024

These measures included a ban on advertising VPNs as a means to circumvent government blocking, which prevents access to other information currently blocked in Russia. On the other, Russia’s evisceration of VPNs since 2017 means that when Peskov referred to VPNs, he wasn’t even on the same page as many people listening.

Government 116

Government Law Privacy Advertising 116

The IPKat

MAY 26, 2024

According to the EUIPO case-law ( R-1489/2017 , R-788/2013 ), smileys or emojis are typically used in both advertising and private communication to express positive emotions.

Advertising 60

Advertising Advertising Technology Editing 60

43(B)log

APRIL 25, 2022

According to Nestle’s own alleged statements, the child labor conditions have worsened rather than improved since the inception of the “NESTLÉ® Cocoa Plan”: from 2017 to 2019, the number of children working on cocoa farms nearly doubled. Walker alleged CLRA and UCL violations. in deciding whether to purchase these products, and.

Advertising 59

Advertising Advertising False Advertising 59

The IPKat

JANUARY 5, 2023

over a TV and radio advertisement which the latter had commissioned on behalf of bottled water brand Brio Blu. Said advertisement featured actor Max Tortora dressed up as popular character Zorro. Hence, a new assessment will need to be conducted to determine if the advertisement at issue would satisfy the conditions above.

Copyright 138

Copyright Law Advertising Advertising 138

The IPKat

MARCH 24, 2023

Because under Paragraph 8 of the Drug Advertising Act (HWG), Gufic was not allowed to advertise its products in Germany, it could not demonstrate ‘use’ of the trademark to attract customers. This is especially so if advertising would be illegal. Therefore, Gufic did not have to advertise its mark in order to prove use.

Trademark 83

Trademark Advertising Advertising Trademark Law 83

The IPKat

APRIL 8, 2022

What they have in common is the direct undertaking of those acts, that is – in the words of the CJEU – a comportement actif , which consists of affixing the sign, advertising under it, etc.

Law 138

Law Advertising Advertising Marketing 138

Likelihood of Confusion

FEBRUARY 18, 2022

But as a matter of culture, would SNL dare do this 2017 bit in 2022? As my friend Vivek Ramaswamy explains, it really makes perfect economic sense. The post Get woke or go broke appeared first on LIKELIHOOD OF CONFUSION™.

Branding 98

Branding Brands Branding Advertising 98