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 Branding 52

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 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 57

False Advertising Advertising Advertising Privacy 57

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 62

False Advertising Advertising Advertising Copyright 62

LexBlog IP

FEBRUARY 28, 2023

The regulators’ enhanced focus in this area is reflective of Australian consumers’ increasing demand for ethical and sustainable business practices, and business’ increasing marketing and advertising of their credentials in these areas in response.

Marketing 52

Marketing Marketing Business Branding 52

Plagiarism Today

AUGUST 12, 2021

Harrison/Erickson created the original costume in 1978 and licensed its use until 2019, when negotiations broke down. 3: Advertising Fuels $1.34 Billion Illegal Piracy Market, Report by Digital Citizens Alliance and White Bullet Finds. billion annually through advertising. billion annually through advertising.

Advertising 246

Advertising Advertising Reporting Licensing 246

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

Delaware Intellectual Property Litigation Blog

MAY 15, 2021

May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of CareDx’s damages expert relating to “corrective advertising damages.” 1117(a)(2), a successful false advertising plaintiff can recover the costs of any completed advertising that actually and reasonably responds to the defendant’s offending ads.’” Id.

False Advertising 45

False Advertising Advertising Advertising Copying 45

TorrentFreak

FEBRUARY 29, 2024

In the United States, the formation of the Trustworthy Accountability Group (TAG) in 2015 saw advertisers and advertising agencies come together to clean up the system and prevent ad revenue from reaching pirate sites. still aims to defund pirate sites and protect advertisers from undesirable associations.

Advertising 98

Advertising Advertising Branding Brands 98

TorrentFreak

MAY 23, 2024

In 2019, advertising that promoted games with cash prizes was outlawed on TV, radio, in print, on social media, and all other internet platforms. Monitoring carried out by AGCOM over a 48-hour period in November 2019 noted the appearance of an ad for a casino, stating: ‘Join Now The Brand New Italian Online Casino.

Advertising 88

Advertising Advertising Social Media Branding 88

Olartemoure Blog

DECEMBER 14, 2023

This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dominant market position.

Marketing 98

Marketing Marketing Advertising Advertising 98

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. And the exclusion also withdrew coverage for all related forms of marketing. about your goods, products or services”).

Advertising 62

Advertising Advertising Settlement Contracts 62

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

Law 52

Law Copyright Copyright Infringement Television 52

TorrentFreak

MAY 26, 2022

For many image conscious consumer-orientated businesses, a key to commercial success lies in carefully calibrated branding and marketing. Thousands of pirate sites rely on advertising to generate revenue but entertainment companies are keen to highlight the downsides of dealing with them. That might be a problem.

Advertising 127

Advertising Advertising Branding Brands 127

IPilogue

NOVEMBER 18, 2022

The success of Ye and Adidas’ co-branding partnership demonstrates how cross-licensing IP, including industrial designs and trademarks, can be a strategic marketing scheme to tap into different markets or classes of consumers. Remedies for breach of such clauses include corrective advertising, damages, and contract termination.

Business 131

Business Contracts Branding Brands 131

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 57

Advertising Advertising False Advertising Contracts 57

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? However, the results are consistent with each other.

Trademark 80

Trademark Advertising Advertising False Advertising 80

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 104

Law Social Media Advertising Advertising 104

Patently-O

JUNE 25, 2024

Hickma highlights some of the challenges that generics are facing when marketing drugs with these carved-out labels. The skinny label itself will not be enough to show inducement, but that evidence can be combined with other evidence (such as marketing) to prove liability. Here, the court follows a label-plus approach. Patent Nos.

Marketing 87

Marketing Marketing Patent Branding 87

TorrentFreak

OCTOBER 30, 2021

These overviews provide input for the USTR’s annual notorious markets overview, where sites such as The Pirate Bay, Fmovies and Uploaded have appeared as repeat offenders. Not everyone agrees that YouTube downloaders and domain registrars are piracy havens, and adding advertising companies is seen as a controversial step as well.

Advertising 124

Advertising Advertising Reporting Copyright Infringement 124

TorrentFreak

JANUARY 19, 2024

Among them were uhuseries.com, owlserieshd.com, and ahaseries.com, relatively popular streaming platforms targeting the Thai market. ACE Partners With TrueVisions According to ACE, the Uhuseries.com network of sites had been running since 2019, attracting an average of 1.3 2) Responsive Design with VIP membership system.

Advertising 90

Advertising Advertising Intellectual Property Editing 90

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. Uber Technol., 20-cv-2320 (PKC) (S.D.N.Y.

Graphic Design 57

Graphic Design Advertising Advertising Technology 57

The IPKat

FEBRUARY 17, 2023

The e-commerce platform Amazon offers an affiliate marketing programme called Amazon Associates. Background The case concerned affiliate marketing on www.schlafbook.de. Of interest was a ranking on the site in 2019 of the supposedly three best mattresses of that year. The website deals with sleep and mattresses.

Advertising 67

Advertising Advertising Business Designs 67

Trading Secrets

FEBRUARY 5, 2024

In the summer of 2019, while the parties were negotiating a distribution agreement, Aegis terminated its relationship with Life Spine, a decision Life Spine described as “abrupt.” Aegis would receive ProLift devices on loan in order to demonstrate them to prospective customers.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 87

Litigation Contracts Advertising Advertising 87

The IPKat

MARCH 24, 2023

In 2019, the revocation request was granted with respect to all three classes. 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.

Trademark 83

Trademark Advertising Advertising Trademark Law 83

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. Related rights. In addition to rights of the author, German copyright law also recognises related rights.

Related Rights 52

Related Rights Law Copyright Copying 52

Technology & Marketing Law Blog

JANUARY 22, 2022

” Market Effect. “there is no danger that the Dubtown Video will usurp the market for which Watch Tower intends its works. 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). Other Blog Posts on 512(h). Maximized Living v.

Fair Use 131

Fair Use Copyright Infringement Marketing Marketing 131

LexBlog IP

FEBRUARY 5, 2024

In the summer of 2019, while the parties were negotiating a distribution agreement, Aegis terminated its relationship with Life Spine, a decision Life Spine described as “abrupt.” Aegis would receive ProLift devices on loan in order to demonstrate them to prospective customers.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

LexBlog IP

MARCH 18, 2022

The Federal Trade Commission (FTC) has a long history of addressing issues involving cigarettes and tobacco, often in the advertising context. Is the goal here to have consumers talk about the topic of the day – e-cigarette marketing and youth uptake? There was also a dramatic shift in sales of flavored cartridges.

Reporting 52

Reporting Advertising Advertising Settlement 52

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

LexBlog IP

FEBRUARY 27, 2023

The recent announcement that the self-regulated Australian Association of National Advertisers’ ( AANA ) will be undertaking a review of the AANA Environmental Claims Code ( Environmental Code ) follows the growing community concern about the environment, increased sustainability claims and climate change.

Advertising 52

Advertising Advertising Intellectual Property Business 52

TorrentFreak

NOVEMBER 30, 2022

By recording the latest movies directly from the silver screen using concealed devices, ‘cammers’ fuel the illicit piracy market that thrives during the first few days of a film’s initial release. TGx is an open platform with an active and lively community, a relative rarity in today’s streaming-dominated market.

Cinema 125

Cinema Intellectual Property Copying Government 125

Technology & Marketing Law Blog

DECEMBER 31, 2021

2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). The post Twitter Can’t Quash a 512(h) Subpoena appeared first on Technology & Marketing Law Blog. Other Blog Posts on 512(h). Did a Court Eliminate 512(h) Subpoenas?–Maximized

Fair Use 112

Fair Use Blogging Marketing Marketing 112

IPilogue

MARCH 6, 2023

In May 2019, Louboutin sued Eizo under the Unfair Competition Prevention Law, seeking a permanent injunction against Eiko’s production of red-soled high heels and damages of approximately CAD 43,500. The court also took issue with Louboutin’s market research. Eizo”), to shut down Eizo’s use of red soles on high-heeled shoes.

IP 59

IP Branding Brands Branding 59