43(B)log

SEPTEMBER 15, 2021

3:20-CV-929 JD, 2021 WL 3887243 (N.D. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones for optimal healing after orthopedic procedures.” I’m only going to discuss the false advertising aspects. Orthopediatrics Corp.

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Advertising Advertising Social Media False Advertising 59

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. Social media platforms. Proactively promote and facilitate compliance by brands.

Branding 52

Branding Branding Brands Social Media 52

IIPRD

JUNE 26, 2024

A social media influencer is someone who creates content based on their niche in various social media platforms where they deliver information by uploading in the mediums of long format videos, short format videos or reels, static posts and stories.

Intellectual Property 52

Intellectual Property Social Media Intellectual Property Law IP 52

TorrentFreak

APRIL 11, 2024

TikTok Pirates For example, when a viral clip from a TV series is making the rounds on social media platforms, one could argue that this serves as free advertising. This conclusion is quite intuitive in a social media world where ‘influencers’ are widely used to promote content.

Social Media 120

Social Media Copyright Infringement Television Journalism 120

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. Photo by Brett Jordan ( Pexels ). asked a judge to dismiss the U.S asked a judge to dismiss the U.S

Social Media 105

Social Media Marketing Marketing Advertising 105

TorrentFreak

JANUARY 24, 2023

When BBB fans aren’t glued to their TVs waiting for the drama to unfold, many can be found on social media, usually speculating about what comes next, based on what they’ve just seen. For example, there is an impact on the attractiveness of audiovisual products for the advertising market,” it reads.

Reporting 136

Reporting Social Media Advertising Advertising 136

43(B)log

SEPTEMBER 29, 2021

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). It Works Marketing, Inc.

False Advertising 45

False Advertising Advertising Advertising Social Media 45

Erik K Pelton

MAY 23, 2022

Did you realize that some of these professional gamers who stream their performances and work on Twitch or YouTube or other platforms have millions of followers, make money in endorsements, make money in advertising, make money selling merchandise, and more. Some of them are, and kudos to them. Tfue, (T-F-U-E) also has many filings.

Trademark 162

Trademark Social Media Branding Branding 162

Above the Fold

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 billion in 2021. [1] 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. 2] Disclosures 101 for Social Media Influencers (ftc.gov). [3]

Social Media 52

Social Media Branding Branding Brands 52

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. Social media platforms.

Branding 52

Branding Branding Brands Social Media 52

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 111

Privacy Marketing Marketing Social Media 111

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.

IP 138

IP Intellectual Property Copyright Trademark 138

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. And that’s true.

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Advertising Advertising Design Designs 64

Technology & Marketing Law Blog

JULY 25, 2024

98, 107 (2017) for the passage that social media has become the “modern public square.” — Justice Alito writes that “research suggests that social media are having a devastating effect on many young people, leading to depression, isolation, bullying, and intense pressure to endorse the trend or cause of the day.” .

Social Media 52

Social Media Blogging Advertising Advertising 52

LexBlog IP

MAY 25, 2022

Social media has taken over, with social media users nearly doubling from 2.3 billion in 2021. [1] 1] Social media platforms provide direct access to consumers, with the ability to focus on niche consumer groups. 2] Disclosures 101 for Social Media Influencers (ftc.gov). [3]

Social Media 52

Social Media Branding Branding Brands 52

TorrentFreak

JUNE 15, 2023

Many of the large social media platforms stick to these rules, but according to a lawsuit filed this week by several prominent music companies, Twitter is not among them. This activity generates many millions of views which are monetized by the social media platform, while rightsholders are not compensated.

Copyright Infringement 135

Copyright Infringement Music Copyright Social Media 135

The TTABlog

JANUARY 6, 2022

Welch 2021. In re Sunset Songs, LLC , Serial No. 90114652 (January 4, 2022) (Opinion by Judge Linda A. Kuczma)[not precedential]. Applicant pointed to five existing third-party registrations for marks containing the word SUNSET in arguing that the word "SUNSET" is a weak formative]. Read comments and post your comment here. See any WYHAs?

Social Media 62

Social Media Advertising Advertising Music 62

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021. He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

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. Now, virtually every creator is dabbling in various media.

Plagiarism 242

Plagiarism Copying Social Media Technology 242

TorrentFreak

NOVEMBER 3, 2021

In fact, Applinked was initially served from the developer’s own website and is still advertised and linked from there, despite what happened to its predecessor. On the 21st of October 2021 I will no longer own the rights or any code to applinked… I will be the senior developer for 6 months after.

Social Media 141

Social Media Ownership Advertising Advertising 141

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet).

Editing 97

Editing Social Media Blogging Advertising 97

The IPKat

AUGUST 17, 2022

Recently, this Kat reported on Beyoncé’s decision to remove a sample from her song, after Kelis took to social media to complain, even though the rights had been cleared and there was no copyright infringement. As I explained in the Guardian : “It doesn’t matter that Beyoncé didn’t actually infringe Kelis’s rights.

Social Media 136

Social Media Registration Intellectual Property Ownership 136

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik filed the lawsuit in February 2021 , claiming that Von D infringed the copyright in his photo of Miles Davis by tattooing a reproduction of the image on her friend Blake Farmer’s arm and by displaying images of the tattoo on her social media accounts.

Fair Use 88

Fair Use Social Media Licensing Marketing 88

BYU Copyright Blog

APRIL 1, 2024

Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos also provided large complimentary promotional posters for the school to advertise with.

Cease and Desist 40

Cease and Desist Contracts Social Media Intellectual Property 40

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. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry , Knapke v. Classmates , and Sessa v. Ancestry ), and today I’ll blog two more. Callahan v.

Advertising 104

Advertising Advertising Social Media Blogging 104

43(B)log

SEPTEMBER 20, 2021

2021 WL 2270511, No. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n Natorp’s removed all of his photos from its website shortly after he complained, but the photos allegedly remained “online at various social media outlets including Natorp’s private website, Facebook, and Pinterest.”

Copying 64

Copying False Advertising Social Media Advertising 64

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.

Blogging 124

Blogging IP Non-Fungible Tokens Cease and Desist 124

The TTABlog

OCTOBER 27, 2021

Carson IV , 2021 USPQ2d 1057 (TTAB 2021) [precedential] (Opinion by Judge Chythia C. Pages from Carson's website and social media accounts made no reference to "licensing of advertising slogans or cartoon characters." Welch 2021. The Mars Generation, Inc. However, he identified no such customers.

Licensing 52

Licensing Advertising Advertising Social Media 52

Trading Secrets

MARCH 22, 2022

As part of Hayley Paige’s responsibilities for JLM, she was tasked with growing the “Hayley Paige” brand for the company, including “assisting with advertising programs.” 20 CV 10575-LTS-SLC, 2021 WL 827749, at *4 (S.D.N.Y. 2021 WL 827749, at *6. 2021 WL 827749, at *6. JLM Couture, Inc. Gutman , No. JLM Couture , 24 F.4th

Social Media 59

Social Media Contracts Confidentiality Business 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

That legal standard could devastate social media usage in Australia. It increases the risk that ordinary social media users could be liable for defamation caused by their so-called friends. That risk encourages social media users to actively police the comments of their friends–or stop posting entirely.

Publishing 105

Publishing Social Media Blogging Law 105

TorrentFreak

JULY 15, 2022

. “Defendants advertised VNest TV as a subscription-based service providing more than 5,000 channels, movies, sports programs, and other premium content, all for a low monthly fee,” the complaint reads. “According to Defendants, VNest TV offers ‘the best content and up time than anyone else in the business.’

Cease and Desist 123

Cease and Desist Social Media Advertising Advertising 123

43(B)log

SEPTEMBER 1, 2021

2021 WL 2497928, No. May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” False advertising/passing off: Same basic problems. Caryn Mandabach Prods. Sadlers Brewhouse Ltd.,

Social Media 93

Social Media Television False Advertising Artistic Work 93

Technology & Marketing Law Blog

JUNE 12, 2022

Doe, 2021 WL 3631269 (D. Doe, 2021 WL 3631269 (D. Sells, 2021 WL 4429067 (S.D. 9, 2021): “Initial interest confusion, however, goes to the seventh likelihood of confusion factor – the existence and extent of actual confusion; it is not a stand-alone basis for a claim of infringement.” 2021 WL 6881640 (D.

Trademark 90

Trademark Advertising Advertising False Advertising 90

TorrentFreak

OCTOBER 26, 2024

Media Maverick Without the benefit of such foresight, Merrell continued to run a school during the day and began reselling Flawless subscriptions on the side. By now operating under the name Media Maverick on social media, customers hoping to watch Sky TV and BT Sport were in plentiful supply.

Social Media 97

Social Media Reporting Advertising Advertising 97

LexBlog IP

OCTOBER 4, 2022

On October 3, 2022, the Securities and Exchange Commission announced charges against Kim Kardashian for violation of the anti-touting provision of the Securities Act, Section 17(b), specifically for “touting on social media a crypto asset security offered and sold by EthereumMax without disclosing the payment she received for the promotion.”

Social Media 52

Social Media Intellectual Property Business Registration 52

The IPKat

OCTOBER 16, 2023

Background On 9 October 2021, Tesla held its ‘Gigafactory Berlin County Fair’ at the site of the Gigafactory in Grünheide near Berlin. One day after this event, on 10 October 2021, Juicyphant GmbH (‘Juicyphant’) filed for registration of EU trade mark no. The use in advertising and commercial correspondence is of particular relevance.

Art 75

Art Registration Social Media Publishing 75

The TTABlog

APRIL 22, 2024

The Hostess Brands’ gross profit for 2022 was $465,679,000, and the advertising and marketing expenditures for Hostess Brands was $21.3 million for the years ended December 31, 2022, 2021 and 2020 respectively. The witnesses provided no specific sales or advertising information for the SUZY Q’s brand alone. million, $9.5

Branding 44

Branding Branding Brands Social Media 44