43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

False Advertising 99

False Advertising Advertising Advertising Business 99

TorrentFreak

NOVEMBER 19, 2023

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v. million expenses, $1.1

Marketing 124

Marketing Marketing Privacy Intellectual Property 124

Technology & Marketing Law Blog

JULY 5, 2021

LLC, 2021 WL 466975 (S.D.N.Y. 9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as a search engine keyword standing alone. 2021 WL 1163117 (E.D.N.Y. March 18, 2021). 2021 WL 1226156 (S.D.N.Y. April 1, 2021). June 7, 2021).

IP 85

IP Social Media Fair Use Brands 85

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

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 77

Marketing Marketing Advertising Advertising 77

43(B)log

NOVEMBER 19, 2021

6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. Meredith Lodging LLC v. Vacasa LLC, No. In Grubbs v. Sheakley Grp.,

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

SEPTEMBER 28, 2021

2021 WL 4170997, No. 14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” Crocs, Inc. Effervescent, Inc., 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D.

False Advertising 83

False Advertising Advertising Advertising Invention 83

TorrentFreak

JANUARY 24, 2023

. “Digital piracy causes several damages to the market and the entertainment industry is especially affected by it,” the translation reads. For example, there is an impact on the attractiveness of audiovisual products for the advertising market,” it reads. So what can Globo staff do to help?

Reporting 144

Reporting Social Media Advertising Advertising 144

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., Patent Nos.

Advertising 147

Advertising Advertising Marketing Marketing 147

Technology & Marketing Law Blog

DECEMBER 18, 2021

The court couldn’t sufficiently discern the relevant market from the complaint, so the court can’t figure out any cross-elasticities. The court rejects the plaintiffs’ attempts to create single-brand markets. 2021 WL 5936910 (N.D. Apple appeared first on Technology & Marketing Law Blog. Apple, Inc.

Reporting 119

Reporting Law Contracts Advertising 119

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

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

43(B)log

AUGUST 9, 2021

2021 WL 1293839, No. TFL’s website allegedly provides a variety “Affiliate Marketing Resources,” and its marketing director’s LinkedIn profile states that his duties include “Run[ning] and monitor[ing] marketing campaigns.” Quick Box, LLC, 2021 WL 1293862, No. Bonus: Civil RICO claims survive! Fulfillment Lab, Inc.,

False Advertising 69

False Advertising Advertising Advertising Design 69

43(B)log

SEPTEMBER 14, 2021

Trade Data Monitor, LLC, 2021 WL 2134909, No. May 21, 2021) A trade secret/similar case in which IHS owns a database called Global Trade Atlas, which it acquired from the people who founded defendants, and you can basically guess what happened next. IHS Global Ltd. 2:18-cv-01025-DCN (D.S.C.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc., 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

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 141

Advertising Advertising Reporting Copyright Infringement 141

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. By: Dentons

Non-Fungible Tokens 102

Non-Fungible Tokens Advertising Advertising Marketing 102

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

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

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). Lorna Bonvie , Director, Advertising and Marketing, Privy Council Office (PCO). 2021-11-18.

Journalism 145

Journalism Advertising Advertising Government 145

JD Supra Law

APRIL 12, 2022

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 billion industry in 2021, with NCAA athlete advertising alone predicted to grow to $1 billion a. By: Troutman Pepper

Brands 98

Brands Branding Branding Advertising 98

IP Tech Blog

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. Several platforms urgently need to change their game mechanics to comply with new rules.

Advertising 67

Advertising Advertising Publishing Reporting 67

Technology & Marketing Law Blog

DECEMBER 31, 2021

This is my last blog post for 2021. 2021 WL 6135300 (N.D. 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.

Fair Use 124

Fair Use Blogging Marketing Marketing 124

TorrentFreak

OCTOBER 13, 2021

In response to a request from the Office of the US Trade Representative (USTR), the Entertainment Software Association (ESA) has submitted a list of so-called ‘Notorious Markets’ to the US government. However, the ESA highlights the importance of the site to the Nintendo Switch piracy market. “As the U.S.

Reporting 140

Reporting Government Marketing Marketing 140

Technology & Marketing Law Blog

DECEMBER 28, 2021

But its website markets ads, merchandise, and ad-free experiences to all comers. 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. He sued HuffPost in Texas.

Advertising 145

Advertising Advertising Blogging Marketing 145

43(B)log

SEPTEMBER 13, 2021

C21-312 TSZ, 2021 WL 3930694 (W.D. 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? Zillow Inc.,

False Advertising 59

False Advertising Advertising Advertising Licensing 59

Technology & Marketing Law Blog

JULY 17, 2021

2021 WL 2953218 (E.D.N.Y. July 14, 2021). Gannett appeared first on Technology & Marketing Law Blog. From the court’s conclusion reaching a different result than the Scribd case, I infer the court disagreed with the Scribd ruling. Case citation : Suris v. Gannett Co. National Federation of the Blind v.

Blogging 130

Blogging Television Publishing Advertising 130

43(B)log

OCTOBER 12, 2021

2021 WL 4622504, No. 7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). Also, and weird to present it this way, Siemens didn’t engage in false advertising to doctors.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

IPilogue

NOVEMBER 3, 2021

On October 4, 2021, it was publicized that Facebook Inc. The FTC initially filed a complaint that Facebook had a monopoly and requested the sale of Instagram and WhatsApp to prevent a monopoly over the social media market. Does Facebook have a monopoly over the market? Photo by Brett Jordan ( Pexels ). What is Antitrust .

Social Media 105

Social Media Marketing Marketing Advertising 105

43(B)log

OCTOBER 11, 2021

2021 WL 4460806, No. 29, 2021) The Clorox defendants sell dietary supplements using the raw materials provided by Certified’s competitor, Avicenna. It is therefore literally true for the Clorox Defendants and Avicenna to advertise their products as containing sternal chicken collagen.” 18-cv-0744 W (KSC) (S.D.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

43(B)log

AUGUST 31, 2021

Robinhood Markets, Inc., 2021 WL 2435307, No. 15, 2021) Jackson, known professionally as Ice Cube, sued after Robinhood used his image and a paraphrase of a line from his song “Check Yo Self” to illustrate an article that it published about a market correction for tech stocks. 21-cv-02304-LB (N.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

TorrentFreak

OCTOBER 10, 2022

Notorious Markets. This is apparent from the latest overview of ‘notorious markets’ that was just submitted to the US Trade Representative ( USTR ). The notorious markets list is limited to non-US operations, so Cloudflare itself isn’t one of the MPA’s targets. Registries, Hosting, Ads, and Payments.

Reporting 145

Reporting Advertising Advertising Marketing 145

SpicyIP

AUGUST 2, 2024

These various brands have posted laudatory posts congratulating her for this achievement, while at the same time utilizing her image and Olympic win for their own commercial own use by using it in the form of an advertisement. Now the pertinent question becomes whether the advertisements in question are prohibited under the law.

Brands 105

Brands Branding Branding Personality Rights 105

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

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

43(B)log

OCTOBER 11, 2021

18-CV-4045(EK)(ST), 2021 WL 4502470 (E.D.N.Y. 30, 2021) Defendants Goldstein and his company Kings Stone supplied plaintiff RCI with a gemstone they called “black jade.” Both sides now claim the other is liable for false advertising, among other claims.” Roberto Coin, Inc. Goldstein, No. Instagram ultimately removed the posts.

Marketing 59

Marketing Marketing False Advertising Advertising 59

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