IPilogue

AUGUST 24, 2021

Luxembourg’s National Commission for Data Protection (CNPD) penalized Amazon for their misuse of consumer data for advertisement. French privacy rights group La Quadrature du Net alleged in 2018 that Amazon manipulates customer data for commercial purposes vis-à-vis choosing what advertising information the customers gain exposure to.

Privacy 105

Privacy Advertising Advertising Marketing 105

43(B)log

JULY 24, 2023

The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. These ads were based on an obseivational study Amgen conducted itself, in an effort to remain competitive with the emerging biosimilar market. Sandoz Inc.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

43(B)log

OCTOBER 11, 2022

Boston Carriage’s principals voluntarily shared their business knowledge with Boston Suburban, including Boston Carriage’s business and marketing strategies and its online presence.” It also allegedly resumed promoting and advertising the domain name “logan-car-service.com” and re-routing visitors to its own website.

False Advertising 64

False Advertising Advertising Advertising Copying 64

The IP Law Blog

DECEMBER 29, 2022

The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an antitrust claim. Google’s business model focuses on advertising revenue instead of charging users to utilize its search engine.

Advertising 104

Advertising Advertising Marketing Marketing 104

Technology & Marketing Law Blog

JUNE 26, 2023

She sought housing from August 2018 through April 2019 and was ready, willing, and able to move. ” Finally, Facebook argued that its tools were “neutral” because they worked the same across all advertisers, not just housing advertisers. .”

Advertising 111

Advertising Advertising Marketing Marketing 111

IP Tech Blog

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

Advertising 57

Advertising Advertising Social Media Publishing 57

IP and Legal Filings

MARCH 15, 2023

The company aims at highlighting the qualities of the products through advertisements which thereafter becomes an advertisement campaign which build the market identity of the product. The advertisements require a lot of brainstorming in highlighting the distinctive characteristics of the product and build its uniqueness.

Advertising 52

Advertising Advertising Intellectual Property Social Media 52

Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. In this case, the plaintiff was Bright Lifecare Pvt.

Intellectual Property 52

Intellectual Property Advertising Advertising Brands 52

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

The TTABlog

JUNE 21, 2021

Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. However, Barnard's proofs showed only that he advertised his services but not that he rendered the services.

Advertising 52

Advertising Advertising Service Mark Brands 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents. Before November 19, 2018, the previous takedown notices to Amazon didn’t violate 512(f) because the successor licensee didn’t have the requisite bad intent.

Registration 132

Registration Fair Use Copyright Designs 132

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts (FTC 2018). This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. More Posts About Keyword Advertising.

Trademark 111

Trademark Advertising Advertising Blogging 111

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. Instagram ultimately removed the posts.

Marketing 59

Marketing Marketing False Advertising Advertising 59

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. In particular, Adler highlights that “from 2018-2021, there were 1,595 instances of callers mentioning ‘Jim Adler’ or ‘The Texas Hammer’ in the defendants’ call logs.”

Advertising 98

Advertising Advertising False Advertising Trademark 98

LexBlog IP

AUGUST 9, 2022

The 2018 passage of the Farm Bill removed hemp-deprived products, like CBD, from the Controlled Substances Act, leading to a flood of CBD products to the consumer marketplace that boast a wide variety of health and beauty claims, from relieved pain to lessened anxiety, among many others. Notably, the FDA isn’t unaware of these issues.

Advertising 52

Advertising Advertising Marketing Marketing 52

Trademark and Copyright Law Blog

APRIL 25, 2022

Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Advertising best practices and what not to say. CBD, hemp, and the 2018 Farm Bill. Neil Austin , Partner, Co-Chair, Advertising & Marketing Practice.

Advertising 40

Advertising Advertising Trademark Intellectual Property 40

LexBlog IP

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

Advertising 52

Advertising Advertising Social Media Publishing 52

Olartemoure Blog

DECEMBER 5, 2023

For those commenting on the FTC’s proposal, scenarios in which junk fees tend to arise include the following: Hotel and Short-Term Lodging Fees Hotels, online travel agencies, and vacation rental providers frequently exclude fees, such as hotel resort fees and vacation rental cleaning fees, from their advertised nightly rates.

Advertising 105

Advertising Advertising Business Television 105

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.” He started collecting real-world test data in August 2018.

Marketing 59

Marketing Marketing Trademark Registration 59

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Starting in 2018, Shared “lost access” to the instant articles program three times, each time (allegedly) without advance notice despite the applicable TOS saying Facebook “will use good faith efforts to provide Publisher with notice of” any termination. & Prof.

Contracts 119

Contracts Social Media Advertising Advertising 119

TorrentFreak

JANUARY 21, 2022

In 2017 and 2018, its lawyers wrote to them several times, demanding that they cease and desist. For example, it’s believed that Google-owned YouTube holds information on the operators of several channels that are used for marketing and advertising EngineOwning products. domains.

Cease and Desist 144

Cease and Desist Social Media Reporting Copyright Infringement 144

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” Whole Foods Market Service, Inc., ” * RVC Floor Decor, Ltd. Floor and Decor Outlets of America, Inc., 2021 WL 1163117 (E.D.N.Y.

IP 85

IP Social Media Fair Use Brands 85

Technology & Marketing Law Blog

JULY 9, 2022

The FTC alleged that: from 2013 to mid-2018, nonsubscribers were unaware that “as many as 25-30 percent of Match.com members who registered each day were using Match.com to perpetrate scams.” Match Group LLC , 2022 WL 877107 (N.D. March 24, 2022). A rare and surprisingly bad loss for the FTC on Section 230. ’”. . Elliot v.

Advertising 131

Advertising Advertising Publishing Blogging 131

The IPKat

AUGUST 8, 2021

Registration was obtained in March 2018 by decision of the Opposition Division following an unsuccessful opposition filed by Aeroporto di Villanova d’Albenga SpA (Riviera-Airport) (the applicant), which was named Aeroporto Villanova d’Albenga SpA at the time of the opposition. azacilik Tekstil Sanayi ve Ticaret v EUIPO (C?

Cease and Desist 129

Cease and Desist Registration Business Marketing 129

TorrentFreak

JULY 29, 2024

The marketing and framing of this utopian vision relied on the relative naivety of most internet users. That advertising online wasn’t so passive, and over the next two decades would in some cases become an abusive, privacy-destroying nightmare, certainly wasn’t mentioned up front as part of the deal.

Copyright 139

Copyright Publishing Copyright Law Privacy 139

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

43(B)log

FEBRUARY 7, 2022

Vohra Wound Physicians” is used to refer to their physician practice groups in marketing materials and in contracts with facilities. During parts of 2018 and 2019, defendants offered payments to their physicians to promote the supply program to facilities.

Advertising 45

Advertising Advertising False Advertising Contracts 45

43(B)log

MAY 24, 2021

Mary Kate Fernandez, The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps, 66 Loy. The results of this study led members of the United States Senate and several public interest groups to petition the Federal Trade Commission (“FTC”) to investigate apps marketed specifically to children.

Advertising 40

Advertising Advertising Television Designs 40

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? by guest blogger Prof. Alexandra Jane Roberts. As a bar and restaurant, the use is commercial, but is it also transformative?

Blogging 111

Blogging Social Media Television Fair Use 111

SpicyIP

JUNE 19, 2022

67306 lakhs over the last three financial years, i.e., 2018-2021. It is also stated to have spent “enormous amounts of money” in advertising and publicity. ” Applying the principle, the specified value of the IP suit should be based on the market value of the subject matter IP and not that of the reliefs claimed.

IP 126

IP Marketing Marketing Trademark 126

Herbert Smith Freehills

NOVEMBER 7, 2021

Leading global law firm Herbert Smith Freehills has advised CMBC Securities Company Limited and Guotai Junan Securities (Hong Kong) Limited as joint global coordinators of online marketing solutions provider UJU Holding Limited (01948.HK)'s The online short video marketing market in China increased from RMB30.2 1846????????????147%???2025????????7043???????????30.7%?.

Advertising 52

Advertising Advertising Marketing Marketing 52

IP and Legal Filings

SEPTEMBER 12, 2024

Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. The legal battle unfolded in several countries and brought about several verdicts, one of the most significant being a $539 million jury verdict in Apple’s favor back in 2018.

Brands 91

Brands Branding Branding Trademark 91

SpicyIP

MARCH 20, 2023

Protecting trade secrets under copyright law, Delhi High Court grants interim injunction to the plaintiff, restricting the defendant from marketing and selling its market research reports. The defendant however argued that they cannot be compelled to disclose commercial secrets, relying on Section 104A(1).

Art 104

Art Invention Patent Application Marketing 104

Technology & Marketing Law Blog

DECEMBER 12, 2021

Based on the facts alleged, there is no reason to believe that even if Schmidt’s estranged husband had not purchased a gun from a person who posted an advertisement on the Armslist website, Schmidt would still be alive. The court concludes: The murder of Commander Paul Bauer on February 13, 2018 was horrific and inexcusable.

Copyright Infringement 138

Copyright Infringement Publishing Designs Design 138

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 EU trade mark was registered in 2011.

Advertising 40

Advertising Advertising Intellectual Property Marketing 40

IP and Legal Filings

MARCH 14, 2022

Among these were purportedly genuine second-hand Chanel products, which in 2018 was acknowledged by RealReal as one of its most popular brands bought and sold through consignment. In 2018 and thereafter, through its investigations, Chanel discovered that RealReal had seven counterfeit Chanel handbags in their product offerings.

Brands 52

Brands Branding Branding False Advertising 52

IP and Legal Filings

MARCH 14, 2022

Among these were purportedly genuine second hand Chanel products, which in 2018 was acknowledged by RealReal as one of its most popular brands bought and sold through consignment. In 2018 and thereafter, through its investigations, Chanel discovered that RealReal had seven counterfeit Chanel handbags in their product offerings.

False Advertising 52

False Advertising Brands Branding Branding 52