43(B)log

DECEMBER 10, 2021

2021 WL 5810487, NO. 7, 2021) It’s very interesting to me that, even as the TMA made injunctive relief much easier to get in Lanham Act cases, courts also seem to be presuming that disgorgement of profits is a standard remedy. This allowed McCormick to advertise what seemed like an attractive lower price and charge more.

False Advertising 90

False Advertising Advertising Advertising Law 90

43(B)log

NOVEMBER 23, 2022

Lynd advertised the Product as effective against the coronavirus. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums. the Lanham Act false advertising claim survived.

False Advertising 99

False Advertising Advertising Advertising Business 99

TorrentFreak

DECEMBER 23, 2021

On June 2, 2021, he was sentenced to three years in prison and fines in excess of US$650,000, much of it representing a clawback of revenue generated by advertising. Hoshino was later deported to Japan where he was arrested by local authorities who put him on trial. filed a lawsuit against MM Lab and parent company Global Net.

Advertising 145

Advertising Advertising Copyright Infringement Copyright 145

TorrentFreak

JANUARY 24, 2023

“Piracy Impacts Advertising” Reportedly sent to staff via an internal communications system, the new guidelines suggest that piracy harms Globo employees and has a negative effect on the advertising market. “Advertising on Big Brother Brasil will become more expensive in 2023.

Reporting 144

Reporting Social Media Advertising Advertising 144

Technology & Marketing Law Blog

AUGUST 24, 2021

This lawsuit alleges that Facebook is liable for Fair Housing Act discrimination purportedly enabled by its self-service advertising tools. The plaintiffs allege Facebook had a role in “creating, promoting use of, and profiting from paid advertisers’ use of the Targeting Ad tools.” 2021 WL 3709083 (N.D.

Advertising 137

Advertising Advertising Marketing Marketing 137

43(B)log

APRIL 18, 2023

ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, false advertising under the Lanham Act and California law, and tortious interference. ZimVie responded that the commercial speech exception applied.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

Technology & Marketing Law Blog

AUGUST 17, 2021

However, “[b]ecause meta tags direct internet traffic and are invisible to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). It’s 2021 FFS. McNeil Consultants, LLC , 2021 WL 3508713 (5th Cir.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

JULY 9, 2022

. “the underlying communication created by a third-party, a Match.com user, is truly ‘the specific harmful material at issue,’ not the automatically generated advertisement sent by Match.” 2021 WL 4927417 (Tex. Wohl, 2021 U.S. ” The court rebuffed the FTC’s attempt to distinguish Dyroff.

Advertising 131

Advertising Advertising Publishing Blogging 131

Plagiarism Today

MAY 23, 2022

The ad, which was produced by the London-based advertising agency M&C Saatchi, featured prominent Hong Kong actor and musician Andy Lau Tak-wah as he delivered a monologue about Xiaoman, the eighth solar term and second solar term of summer on the traditional Chinese calendar.

Plagiarism 298

Plagiarism Copying Social Media Technology 298

Intellectual Property Law Blog

JANUARY 18, 2024

2022-1194, 2022-1208, and 2022-1246 (December 7, 2023) , the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents. Lupin Ltd.,

Advertising 147

Advertising Advertising Marketing Marketing 147

TorrentFreak

OCTOBER 18, 2022

Paramount, Universal, Warner, Columbia, Disney, and Netflix teamed up to file the complaint in 2021, hoping to shut down a site that had endured blocking injunctions since 2014 while serving millions of users worldwide. Arm’s Length Advertising. The MPA proposes a judgment consisting of $20.7

Advertising 143

Advertising Advertising Business Reporting 143

43(B)log

FEBRUARY 23, 2024

21, 2024) ECRI and its CEO sued Ferens, a former ECRI employee, for various things including defamation, IIED, violations of trade secret law, and Lanham Act false advertising. ECRI provides healthcare products and services; Ferens was a former high-level ECRI employee who served as Area Vice President until his 2021 termination.

Advertising 59

Advertising Advertising False Advertising Law 59

The IPKat

DECEMBER 16, 2021

In February , the Court of Appeal in Nigeria issued a decision in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and provided guidance on factors that must be established to succeed in a claim for passing off relating to image rights in Nigeria.

Copyright 90

Copyright IP Ownership Copyright Infringement 90

Michael Geist

APRIL 19, 2022

Lorna Bonvie , Director, Advertising and Marketing, Privy Council Office (PCO). 2021-12-15. 2021-12-15. 2021-11-18. Lorna Bonvie , Director, Advertising and Marketing, Privy Council Office (PCO). 2021-11-18. 2021-11-18. 2021-11-18. 2021-11-16. 2021-11-05. 2021-11-01.

Journalism 145

Journalism Advertising Advertising Government 145

TorrentFreak

OCTOBER 30, 2021

Not everyone agrees that YouTube downloaders and domain registrars are piracy havens, and adding advertising companies is seen as a controversial step as well. They include advertising company PopAds , which is described as follows: PopAds and PopCash are ad networks owned by Tomksoft in Poland but incorporated in Costa Rica.

Advertising 141

Advertising Advertising Reporting Copyright Infringement 141

Technology & Marketing Law Blog

AUGUST 19, 2021

The court says: The offending content is generated by Classmates and the advertisement is not merely some passive display of content created by another entity, even if it contains a picture from a school yearbook. Here, the focus is on Classmates’ use of a yearbook photo in stand-alone advertisements it uses to lure in potential customers.

Advertising 128

Advertising Advertising Marketing Marketing 128

SpicyIP

MARCH 8, 2023

The court, however, had a differing view and has clarified that there is no disparagement on grounds of lack of comparative advertisement and permissibility of such disclaimers under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘IT Rules, 2021’).

Advertising 104

Advertising Advertising Trademark Intellectual Property Law 104

TorrentFreak

JUNE 10, 2024

Pirate Site Promoter, Piracy Profiteer The opening salvo in the publishers’ lawsuit, which majors on violations of the Copyright Act, the Lanham Act, and New York’s General Business Law, details Google’s ‘systemic and pervasive advertising’ of infringing copies of their textbooks and other educational works.

Publishing 117

Publishing Advertising Advertising Reporting 117

TorrentFreak

FEBRUARY 18, 2022

However, in recent years we have also seen hosting companies, advertisers, and e-commerce platforms being added. Hosting, Advertising, and Shopping. Aside from sites and services that are directly linked to piracy, the USTR also calls out several third-party intermediaries including hosting companies and advertising services.

Marketing 145

Marketing Marketing Advertising Advertising 145

JD Supra Law

APRIL 14, 2022

In 2021, Collins Dictionary named “NFT,” the abbreviation for non-fungible token, its word of the year. In 2017, the US-based Association of National Advertisers named AI (artificial intelligence) its marketing 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 102

Non-Fungible Tokens Advertising Advertising Marketing 102

Patently-O

FEBRUARY 12, 2023

2023) involves a set of thirteen different professional models whose images were allegedly used without their permission to advertise for the Capital Cabaret, a strip club halfway between Raleigh & Durham, North Carolina. 1125(a)(1) for misrepresentation of sponsorship (False Advertising + False Association). 2021), cert.

Privacy 119

Privacy False Advertising Advertising Advertising 119

TorrentFreak

OCTOBER 1, 2021

Not just that, they are also filled with advertisements from gambling outfits such as 1XBET and Slotlights, which are hardcoded into the video, as shown below; No.Time.to.Die.2021.720p.HDCAM-C1NEM4. No Time to Die (2021) 720p CAMRip [Hindi-Dub]. One comes with Dutch subtitles and the other one is dubbed in Hindi.

Copying 145

Copying Advertising Advertising Reporting 145

IP and Legal Filings

JUNE 10, 2024

The plaintiffs argued that the in Parle Agro’s label, “For the Bold” was prominently displayed and emphasis was given to the contested tagline in all the advertising campaigns. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court.

Trademark 98

Trademark Registering Trademarks Advertising Advertising 98

SpicyIP

AUGUST 21, 2021

The deadline for applications is August 25, 2021. For further details, please see the announcement below: Advertisement for Recruitment for Research Assistants – IPR Chair. latest by August 25, 2021. University reserves the right not to fill any of the vacancies advertised, if the circumstances so warrant.

Advertising 141

Advertising Advertising Law Technology 141

TorrentFreak

AUGUST 8, 2022

BREIN also kept a close eye on advertisements for pirate services and other illegal offerings. A total of 3,210 advertisements were flagged and reported, while 18 persistent advertisers were identified and stopped. In 2021, BREIN initiated a new legal proceeding to block six additional torrent sites.

Settlement 138

Settlement Advertising Advertising Reporting 138

TorrentFreak

NOVEMBER 18, 2022

People generating advertising revenue from ‘Fast Movies’ certainly wouldn’t improve things either. In June 2021, three ‘Fast Movie’ YouTubers were arrested in Japan following criminal complaints from several media companies.

Editing 145

Editing Television Copyright Infringement Advertising 145

Patently-O

OCTOBER 18, 2021

Google (GA 2021). This interesting case is pending before the Supreme Court of Georgia over the question of keyword advertising under Georgia law. The trial and appellate courts both sided with Google, holding that keyword advertising is akin to permissible sponsored product placement in grocery stores. by Dennis Crouch.

Trademark 100

Trademark Advertising Advertising Trademark Law 100

TorrentFreak

DECEMBER 27, 2021

The suit also included a claim of false advertising after Online2LiveStream transformed itself into a scam site, offering events in exchange for credit card details but failing to deliver. On September 17, the court issued a minute order directing Triller to file either a proof of service or a status report by December 17, 2021.

Due Diligence 143

Due Diligence False Advertising Copyright Infringement Copyright 143

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 116

Privacy Marketing Marketing Social Media 116

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. 2021 WL 5050079 (N.D. 2021 WL 5795306 (N.D. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Classmates , and Sessa v. In the wake of the 2020 Lukis v.

Advertising 111

Advertising Advertising Social Media Blogging 111

Technology & Marketing Law Blog

DECEMBER 18, 2021

Query: if the only newspaper in town decides which advertisements may properly be posted or which advertisements to accept, does a rejected advertiser suffer an anti-trust injury? 2021 WL 5936910 (N.D. The deficiency of Plaintiffs’ claim in asserting an antitrust injury is demonstrated by the following analogy.

Reporting 119

Reporting Law Contracts Advertising 119

JD Supra Law

APRIL 12, 2022

billion industry in 2021, with NCAA athlete advertising alone predicted to grow to $1 billion a. College athletes now find themselves attractive candidates in the fast growing influencer marketing arena. Industry experts estimate that this market grew to a $13.8 By: Troutman Pepper

Branding 98

Branding Brands Branding Advertising 98

Technology & Marketing Law Blog

DECEMBER 28, 2021

First, HuffPost displayed ads from Texas-based advertisers. Second, it used visitors’ location data to tailor advertising to them. So when the site detects that a user is visiting the site from Texas, advertisers may use that data to generate a relevant ad—such as the “Attention Texas Driver!” 2021 WL 6070559 (5th Cir.

Advertising 145

Advertising Advertising Blogging Marketing 145

Technology & Marketing Law Blog

JULY 17, 2021

2021 WL 2953218 (E.D.N.Y. July 14, 2021). These various facilities owned and operated by defendants may support the operation of its website, but “the mere fact that [services] [were] organized at the defendants’ offices, which presumably are places of public accommodation, is not a sufficient link to support application of the ADA.”.

Blogging 130

Blogging Television Publishing Advertising 130

TorrentFreak

MARCH 18, 2022

which together with the other defendants (we’ll come to some of those later), found themselves on the end of a $100m damages claim filed in April 2021. In July 2021, with Triller appearing to do little to progress the case, the court warned the lawsuit could be dismissed for lack of prosecution. as the sole defendant.

Copyright Infringement 144

Copyright Infringement Copyright Advertising Advertising 144

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J.

Advertising 59

Advertising Advertising Marketing Marketing 59

Plagiarism Today

SEPTEMBER 21, 2022

In October 2021, Andrew Azzopardi and a student he was mentoring, Andrew Camilleri, published a literature review entitled Risk and Protective Factors in Violent Youth Crime in the first edition of the journal Studies in Social Well-being. .

Plagiarism 312

Plagiarism Journalism Editing Advertising 312