JD Supra Law

SEPTEMBER 16, 2021

This summer, the Children’s Advertising Review Unit (CARU) issued new guidelines that, for the first time, cover in-app advertising, influencer marketing, and discrimination. CARU is an independent self-regulatory agency administered by the BBB National Programs that promotes responsible child-directed advertising.

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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.

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Garrigues Blog

NOVEMBER 6, 2023

The exclusivity granted to the trademark owner is conditional upon the capacity of the mark in question to differentiate between different companies and services on the market. Marta González Aleixandre Garrigues Intellectual Property Department La entrada Can an advertising slogan function as a trademark?

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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 (..)

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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.

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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.” The new app then launched in January 2021.

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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

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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.

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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.,

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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).

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43(B)log

JUNE 9, 2021

Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising , 106 Iowa L. 1841 (2021) From the introduction: Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even helpful to competition. This contradiction, though, is acute.

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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.

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The TTABlog

JANUARY 5, 2022

2021 USPQ2d 164 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C. 2021 USPQ2d 1191 (TTAB 2021) [precedential] (Opinion by Judge Mark Lebow). Dimarzio claimed use of the proposed mark since 1979, with millions of consumers observing its guitar pickups in videos, advertisements, and musical performances.

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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.

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IP Tech Blog

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Take appropriate, pro-active steps to prevent hidden advertising from appearing on the platform.

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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.

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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.,

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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.

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43(B)log

FEBRUARY 16, 2023

7, 2023) Navatar sued for state and federal false advertising, as well as commercial defamation, injurious falsehoods, unfair competition. The “touchstone” is “that the contested representations are part of an organized campaign to penetrate the relevant market. Navatar Group, Inc. DealCloud, Inc., 2023 WL 1797266, No.

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LexBlog IP

JANUARY 5, 2022

Compliance Checkups for All — So maybe you aren’t one of the 1,800 or so companies that received a Notice of Penalty Offense letter from the FTC in 2021. Having annual reminders of the legal guardrails that exist with respect to marketing and advertising practices helps you in two ways.

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LexBlog IP

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Take appropriate action where their terms of service are not complied with.

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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.

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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.

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43(B)log

SEPTEMBER 16, 2021

6:21-cv-326-MC, 2021 WL 2546273 (D. 21, 2021) The parties compete to manage vacation rental properties located in Oregon. The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act. The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act.

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Above the Fold

MAY 1, 2021

In case you missed it, Maryland became the first state back in February to pass a digital advertising services tax into law (and over the governor’s veto no less). The law was passed to be retroactive to January 1, 2021, meaning it would apply to the entirety of the 2021 tax year.

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43(B)log

NOVEMBER 19, 2021

United States, 2021 WL 5371406, No. 18, 2021) I can’t improve upon the court’s excellent summary and won’t try, instead joining in the call for FTC/AGs etc. 18, 2021) I can’t improve upon the court’s excellent summary and won’t try, instead joining in the call for FTC/AGs etc. market to the detriment of domestic industry.

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43(B)log

SEPTEMBER 29, 2021

It Works Marketing, Inc. 2021 WL 1650266, No. 27, 2021) It Works is a MLM company that sells health and beauty products that requires distributors to sign a noncompete agreement and provides for arbitration (which allows “any party” to sue in court for IP claims, practically meaning that It Works can choose to sue if it wants).

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SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

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43(B)log

SEPTEMBER 20, 2021

2021 WL 4034222, No. 3, 2021) Defendant RDO has a subsidiary, CRF, which was in the business of “producing, preparing, processing and selling frozen vegetables to frozen vegetable producers, processers, repackers, distributors and wholesale and retail re-sellers, including Pictsweet, for human consumption.” Pictsweet Co.

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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.

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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.

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43(B)log

SEPTEMBER 28, 2021

Roach, 2021 WL 4134836, No. 1, 2021) Entrepreneur, a frequent trademark claimant, sought to amend its complaint and add new parties to the TM claims here. Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.” Entrepreneur Media, Inc.

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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.

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LexBlog IP

JANUARY 4, 2022

There are many things one could reflect on, but this blog is about advertising and marketing law, so we’ll stick to that. It is more common than not for an advertiser to contest the track the challenger has selected, and we are already seeing more appeals and more referrals from these new tracks. Daniel Kaufman.

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43(B)log

SEPTEMBER 22, 2021

2021 WL 765293, No. 26, 2021) The parties compete to sell protein powder to consumers. SI03 originally sued for false advertising and related claims, and Musclegen counterclaimed similarly. SI03 alleged that Musclegen markets its Genepro protein powder product by falsely claiming it contains 30 grams of protein in a roughly 11.15

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43(B)log

AUGUST 27, 2021

19-62225-CIV-ALTMAN, 2021 WL 810279 (S.D. 3, 2021) Sometimes I worry that judicial writing is tending too much towards the flip as it moves away from prolixity, but this is a lovely example of how clear language can be deployed: If you want to build with plywood in the United States, you generally need a certification— called a PS 1-09 stamp.

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43(B)log

SEPTEMBER 28, 2021

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. Vampire Family Brands, LLC v. MPL Brands, Inc.,

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