43(B)log

SEPTEMBER 13, 2021

2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. Lanham Act claim: Was this commercial advertising or promotion? C21-312 TSZ, 2021 WL 3930694 (W.D.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

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

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

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

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

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

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

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

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

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)?

Advertising 143

Advertising Advertising Marketing Marketing 143

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

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 76

IP Advertising Advertising Copyright 76

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

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 135

Advertising Advertising Marketing Marketing 135

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

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 131

Cease and Desist Social Media Reporting Copyright Infringement 131

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 106

Law Social Media Advertising Advertising 106

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 110

Intellectual Property Inventor Reporting Music 110

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 54

Trademark Advertising Advertising Registration 54

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 107

Copyright Advertising Advertising Trademark 107

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 128

Advertising Advertising Reporting Marketing 128

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 72

Law Licensing Government Advertising 72

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

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

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 TTABlog

NOVEMBER 17, 2023

125 USPQ2d 1468, 1478 (TTAB 2017). With regard to registrant's advertising, the Board found that "[n]early all of the graphical and textual matter on Respondent’s product packaging. The Board looked to the factors set forth in In re Morton-Norwich Prods., See Kohler Co. Honda Giken Kogyo K.K. ,

Registration 67

Registration Designs Design Advertising 67

The TTABlog

MARCH 12, 2024

Respondent was permitted to use the mark until December 2017. The Board observed that, under Section 45 of the Trademark Act, a service mark is in use in commerce "(1) when it is used or displayed in the sale or advertising of services; and (2) the services are rendered in commerce." Emphasis supplied].

Service Mark 67

Service Mark Registration Licensing Advertising 67

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

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

Under Rule 57 of Trade Marks Rules, 2017, an application for renewal may be filed through form TM – R along with the fees. Advertisement of removal of Trade Mark from the register. The removal is advertised in the journal. The restoration and renewal of trade mark will be advertised in the Trade Mark Journal.

Journalism 52

Journalism Registration Advertising Advertising 52

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

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. of Veterinary Sports Med.

Licensing 52

Licensing Advertising Advertising Social Media 52

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 72

Government Marketing Marketing Business 72

Trading Secrets

FEBRUARY 5, 2024

In 2017, Life Spine entered into various agreements with Aegis by which Aegis would sell and distribute ProLift devices while maintaining as confidential all proprietary information related to the devices. Its principal line of products is its ProLift Expandable Spacer System, which consists of small implants inserted into the spinal disc.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

Patently-O

OCTOBER 3, 2021

2017) (“The parties have ‘expressly agree[d] that if the Court determines after reviewing the briefs and evidence on summary judgment that any material issue of fact exists, the Court is authorized to resolve any such factual dispute.'”); This is apparently the same process used in other recent trademark civil actions.

Trademark 132

Trademark Registration Advertising Advertising 132

43(B)log

JUNE 17, 2022

3, 2022) This is a lawsuit about an allegedly fake review of Beyond Blond’s video on Amazon allegedly written by Heldman on September 10, 2017. Commercial advertising or promotion: Yes, because the review was commercial speech made by Beyond Blond’s direct competitor. “[S]peech CV 20-5581 DSF (GJSx) (C.D.

Public Domain 72

Public Domain Advertising Advertising False Advertising 72