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

Erik K Pelton

MAY 23, 2022

But I’ve been following the world of gaming and eSports competitions for many years, and in fact, have been lucky enough to work with eSports teams and several gamers to protect their brands. But a gamer that goes by Doctor Disrespect is said to have taken in approximately $6 million in revenue in 2021. Zero trademarks.

Trademark 162

Trademark Social Media Branding Brands 162

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

43(B)log

OCTOBER 29, 2021

Copper Compression Brands LLC, 2021 WL 5013799, No. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. 4604 (KPF) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Design 59

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. KickassTorrents.

Advertising 143

Advertising Advertising Business Reporting 143

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to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago).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

Trading Secrets

APRIL 20, 2022

Mr. Matlock alleges that he was approached by Eastern Standard in 2021 to explore expanding its existing pretzel line with Liege waffles, and the two companies began exploring co-branding opportunities. After Oprah selected Burgundian’s waffles to be included in her 2021 list, Burgundian and Eastern Standard’s negotiations broke down.

Confidentiality 122

Confidentiality Branding Brands Branding 122

43(B)log

FEBRUARY 3, 2022

3d -, 2021 WL 4340670, No. 22, 2021) This case should be of interest to people working on contextual advertising. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.” Champion v.

Advertising 64

Advertising Advertising Design Designs 64

JD Supra Law

OCTOBER 22, 2021

On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses to more than 700 businesses, including top consumer brands, retailers, e-commerce platforms and advertising agencies, regarding practices involving customer endorsements, testimonials, reviews, influencer marketing and native advertising that it considers to be (..)

Marketing 78

Marketing Marketing Advertising Advertising 78

Technology & Marketing Law Blog

DECEMBER 18, 2021

The court rejects the plaintiffs’ attempts to create single-brand markets. 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. Breach of Contract. Apple, Inc.

Reporting 119

Reporting Law Contracts Advertising 119

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

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. The Africa IP Highlights is an initiative of this Kat and is a series of posts put together to highlight some of the key developments in IP in Africa each year.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

IP Tech Blog

NOVEMBER 28, 2022

Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report , published in March 2021 by another regulator, the Advertising Standards Authority (ASA), which found that a staggering 65% of the advertisements it monitored in September 2020 were not properly disclosed as ‘paid for’ content.

Branding 52

Branding Brands Branding Social Media 52

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

The TTABlog

OCTOBER 29, 2021

Bee) has scheduled eight (VIII) oral hearings for the month of November 2021. November 2, 2021 - 10 AM: In re Garan Services Corp. November 2, 2021 - 10 AM: In re Garan Services Corp. November 3, 2021 - 2 PM: In re Danica Patrick Brands, LLC , Serial No. November 9, 2021 - 10 AM: In re BFY LLC , Serial No.

Design 59

Design Designs Music Advertising 59

LexBlog IP

NOVEMBER 28, 2022

Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report , published in March 2021 by another regulator, the Advertising Standards Authority (ASA), which found that a staggering 65% of the advertisements it monitored in September 2020 were not properly disclosed as ‘paid for’ content.

Branding 52

Branding Brands Branding Social Media 52

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 97

Trademark Advertising Registering Trademarks Advertising 97

The IPKat

SEPTEMBER 12, 2022

Well, NO… but… According to the Collins English Dictionary , a slogan is “ a short phrase that is easy to remember ”, and is “ used in advertisements… who want people to remember what they are saying or selling ”. The public is familiar with receiving such form of advertising messages. Such invitations to take or buy are commonplace.

Registration 113

Registration Advertising Advertising Reporting 113

IPilogue

JULY 15, 2021

Disney’s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry. Beavan told Variety that Disney discussed co-branded products for Target and Singer Corporation as well as a possible fashion collection. But these talks ceased once production on the movie ended.

Licensing 105

Licensing Contracts Design Designs 105

43(B)log

SEPTEMBER 9, 2021

2021) You probably know that the court of appeals sent this case back for retrial on an initial interest confusion theory. I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. Select Comfort Corp. Baxter; 996 F.3d 3d 925 (8 th Cir.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

Technology & Marketing Law Blog

DECEMBER 28, 2021

Branded tees and coffee mugs have nothing to do with Johnson’s libel claim. First, HuffPost displayed ads from Texas-based advertisers. Second, it used visitors’ location data to tailor advertising to them. Instead, they direct Texans away from the site, to third-party advertisers. ads that no one clicks.

Advertising 145

Advertising Advertising Blogging Marketing 145

TorrentFreak

FEBRUARY 1, 2024

What began as a fairly bitter and personal affair has left both sides with little to celebrate since the lawsuit was filed in 2021. TEI), the company behind various H3-branded channels, filed a counter-complaint against counter-defendant Triller. Consequently, on April 17, 2021 (i.e., For its part, Triller disagrees, bitterly.

Copyright Infringement 110

Copyright Infringement Advertising Advertising Copyright 110

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

SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. August 27, 2021].

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

TorrentFreak

MARCH 18, 2023

BREIN reported the shutdown of 349 infringing platforms in 2021 and 466 in 2020. While sites returning under new branding may play some role in these persistently high numbers, the fact that full-blown pirate sites can now be deployed in minutes could be a more significant factor.

Reporting 110

Reporting Advertising Advertising Settlement 110

43(B)log

SEPTEMBER 28, 2021

Vampire Family Brands, LLC v. MPL Brands, Inc., CV 20-9482-DMG (ASx), 2021 WL 4134841 (C.D. 6, 2021) VFB sued MPL for Lanham Act, UCL, and FAL violations based on MPL’s “vampiro” cocktail. Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

TorrentFreak

MAY 18, 2022

On the other, a good product coupled with brand awareness can lead to commercial success, at least until that profile attracts the wrong type of attention. As one of the most recognizable IPTV brands around, PrimeStreams appears to fall into the latter category. PrimeStreams Ignored Warning.

Cease and Desist 140

Cease and Desist Social Media Branding Brands 140

TorrentFreak

OCTOBER 13, 2021

These link sites typically generate revenue from user donations, advertising, or both, and the ESA selects a number due to their high levels of traffic and the volume of infringing links on offer. Nsw2u.xyz (previously branded Switch-xci) offers links to pirated games for most platforms including PC.

Reporting 140

Reporting Government Marketing Marketing 140

IP and Legal Filings

AUGUST 4, 2022

In 2021, the global travel and tourism sector contributed over 5.8 The brands need to identify the Class under which they can register their trademark, and this is done through the NICE Classification adopted by India. This trademark was obtained with the objective of protecting and highlighting the distinctiveness of the brand.

Intellectual Property Law 97

Intellectual Property Law Intellectual Property Law Social Media 97

TorrentFreak

DECEMBER 24, 2021

In an injunction application dated December 2, 2021, Nintendo requested a website blocking order under section 97A of the Copyright, Designs and Patents Act 1988. It targeted six major ISPs (BT, EE, Plusnet, Sky, TalkTalk and Virgin Media) demanding that they block subscriber access to five domains carrying NSW2U and NSWROM branding.

Social Media 145

Social Media Artwork Copyright Reporting 145

SpicyIP

JULY 19, 2021

The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019. The deadline for submissions is September 19, 2021.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

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. For background on the legal battles over keyword advertising by lawyers, see this article. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

Advertising 98

Advertising Advertising False Advertising Trademark 98

IP Tech Blog

FEBRUARY 8, 2022

This may be done via “ statements, symbols, emblems, logos, graphics, colours and product brand names ” as noted on the Government’s Green Claims Campaign site. In September 2021, the CMA warned businesses that they would be carrying out a “ full review ” of misleading green claims in 2022. Further Thoughts.

Advertising 70

Advertising Advertising Marketing Marketing 70

The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021. Julie Zerbo tells the rest of the story on The Fashion Law.

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

Erik K Pelton

DECEMBER 20, 2022

Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use. Past issues of Top Trademark Trends: 2021: [link]. Metaverse and NFT Filings Decrease.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

TorrentFreak

AUGUST 8, 2024

Last month, Japan-based anti-piracy group Authorized Books of Japan (ABJ) ran a newspaper advertising campaign in the United States, Italy, Spain, and France. Sites can give the impression of being mass-produced due to how quickly they disappear and reappear, while still managing to retain traffic despite new branding.

Reporting 139

Reporting Advertising Advertising Copying 139

43(B)log

AUGUST 20, 2021

Holsinger, 2021 WL 3617153, No. 16, 2021) Roof Maxx distributes “a soy-based liquid product that is sprayed on asphalt shingle roofs to extend the life of the shingles.” Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act.

False Advertising 45

False Advertising Advertising Advertising Patent 45