IP Tech Blog

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make? Disclosures, Endorsements, Dark Patterns – Oh, My!

Advertising 62

Advertising Advertising Reporting Privacy 62

TorrentFreak

JANUARY 15, 2023

In 2022, the existence of the PikaShow app became intolerable for Disney Star, a wholly-owned Indian subsidiary of The Walt Disney Company. After becoming the official sponsor of the Afghan cricket team during Asia Cup 2022, PikaShow was able to advertise its pirate streaming app via legal TV broadcasts watched by millions of people.

Advertising 143

Advertising Advertising Reporting Copyright 143

LexBlog IP

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. Nothing less will do. Disclosures, Endorsements, Dark Patterns – Oh, My!

Advertising 52

Advertising Advertising Reporting Privacy 52

43(B)log

JUNE 10, 2024

4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a factual dispute about what a “brand” is. The dispute turned on what a “brand” is; Zesty Paws argued that Nutramax was not a brand, but Cosequin etc. Nutramax Labs.,

Branding 72

Branding Brands Branding Marketing 72

Technology & Marketing Law Blog

FEBRUARY 16, 2022

The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive. Google, LLC , 2022 WL 451876 (Ga. More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. Case Citation : Edible IP, LLC v.

IP 141

IP Advertising Advertising Trademark Law 141

TorrentFreak

JULY 20, 2022

When a lawsuit directly attacks a site’s ability to operate using specific domains or branding, for example, the ‘hydra effect’ comes into play. The MPA’s anti-piracy team became aware of the site around May 31, 2022, and they’re convinced that PrimeWire’s operators are involved.

Advertising 145

Advertising Advertising Business Copying 145

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

43(B)log

MARCH 9, 2022

2022 WL 670919, NO. 7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” His marks are enrolled in Amazon Brand Registry, and Royal Silk Direct maintains an authorized Royal Silk “storefront” on Amazon.com. False designation of origin/false advertising: Lasoff v. Amazon.com, Inc.,

False Advertising 69

False Advertising Advertising Advertising Branding 69

The IPKat

DECEMBER 14, 2022

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2022 – the result of collaboration between myself and Doreen Adoma Agyei and Clarisse Mideva. Today, it’s all about trade marks. The filmmaker claimed that he registered the expression as a trade mark.

IP 82

IP Registration Advertising Advertising 82

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. 2022 WL 594833 (D. 2022 WL 670919 (W.D. March 7, 2022). Melwani sells products under the “Royal Silk” brand. More Posts About Keyword Advertising. It has never offered its services through Groupon.

Trademark 110

Trademark Advertising Advertising Settlement 110

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

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? Tundra solicits sellers on Faire’s platform to provide their Faire Direct links to retailers registered with Tundra by “promising to promote their brands to new retailers and give them greater exposure” to Tundra retailers. Faire Wholesale, Inc. Tundra, Inc.,

False Advertising 59

False Advertising Advertising Advertising Branding 59

TorrentFreak

MAY 4, 2022

Whether that monthly target was ever reached or exceeded is unknown but in common with many similar platforms, advertising was later added to the site. Since most pirates (being pirates) prefer not to pay to access ‘free’ content, advertising becomes part of the business model. AnimeKisa Removes Advertising.

Advertising 144

Advertising Advertising Branding Brands 144

TorrentFreak

OCTOBER 18, 2022

All members of the MPA, the studios won a default judgment and injunction in April 2022. Arm’s Length Advertising. And another from 2016 that featured a piracy ‘brand’ with an even bigger profile. PrimeWire’s efforts to stay alive were numerous, but the MPA met them at every step of the way.

Advertising 143

Advertising Advertising Business Reporting 143

Olartemoure Blog

AUGUST 26, 2024

This occurs when companies use terms like “100% sustainable,” “green,” “eco-friendly,” or “100% renewable” on their trademarks, branding, packaging, containers, or advertisements without having concrete environmental actions to substantiate those claims. 015 of 2022, seeking to sanction greenwashing. Why can it be problematic?

Advertising 105

Advertising Advertising Intellectual Property Trademark 105

43(B)log

OCTOBER 29, 2021

Copper Compression Brands LLC, 2021 WL 5013799, No. Here, the court granted leave to amend to add a false advertising claim. The deadline for amended pleadings was in January 2021, with fact and expert discovery currently set to close in November 2021, and January 2022, respectively, after several extensions.

False Advertising 59

False Advertising Advertising Advertising Designs 59

JD Supra Law

DECEMBER 29, 2022

Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's potential liability for advertisements for counterfeit goods offered on its platform.

Marketing 52

Marketing Marketing Advertising Advertising 52

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. Fashion brands are no strangers to the continuous fight against fake and counterfeit items in the real world.

Law 104

Law Branding Brands Branding 104

The IPKat

SEPTEMBER 12, 2022

The Board of Appeal of the European Union Intellectual Property Office ( EUIPO ) in its recent decision refused a trade mark application for the slogan “TAKE FIVE” in Class 32 ( Case R 664/2022-1 ). The Board of Appeal decision The Board of Appeal issued a decision on 1 September 2022 dismissing the appeal. Studio Beverage Group, Inc.

Registration 113

Registration Advertising Advertising Reporting 113

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. Content creators.

Branding 52

Branding Brands Branding Social Media 52

43(B)log

AUGUST 25, 2022

16-5073, 2022 WL 3588024 (E.D. 22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

The IPKat

JANUARY 5, 2023

Zorro in the Brio Blu ad Last week, the Italian Supreme Court issued an important – if not truly seminal – judgment on the interplay between IP and freedom of expression ( decision 38165/2022, CO.GE.DI. over a TV and radio advertisement which the latter had commissioned on behalf of bottled water brand Brio Blu.

Copyright 138

Copyright Law Advertising Advertising 138

SpicyIP

OCTOBER 9, 2024

In the present case, the Plaintiff, a furniture seller, was selling his products under the brand name ‘Maharaja’ on Flipkart and various other e-commerce websites. Other furniture sellers, latching on to Maharaja’s listing, used Plaintiff’s product image as well as brand name and tagged themselves as the alternative sellers of the goods.

Branding 105

Branding Brands Branding Trademark 105

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. Piracy Campaign.”

Reporting 139

Reporting Advertising Advertising Copying 139

43(B)log

AUGUST 22, 2022

3d -, 2022 WL 3453395, S260736 (Cal. 18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. The First Amendment has long coexisted with no-fault false advertising laws. Sony Music Entertainment, P.3d The California Supreme Court reversed.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

IPilogue

JUNE 21, 2022

On February 3 rd 2022 Nike Inc. Nike claimed trademark dilution, pointing to StockX’s heavy use of trademarks in attracting consumers familiar with the Nike brand. StockX has sold over 500 Nike-branded NFTs which can be redeemed for the physical shoes “in the near future.” StockX Vault NFTs. Recent Developments.

Non-Fungible Tokens 116

Non-Fungible Tokens Ownership False Advertising Fair Use 116

Technology & Marketing Law Blog

MAY 3, 2022

Facebook argued it wasn’t liable for the third-party ads because “it did not create or sponsor the advertisement; therefore, it was simply a mere conduit for its distribution.” In the publicity rights chapter from our advertising law casebook , defendants lose every case we cover. April 22, 2022). ” Ugh.

Advertising 119

Advertising Advertising Law Marketing 119

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

IPilogue

NOVEMBER 15, 2022

January 14 th , 2022 – Hermès files a complaint. February 9 th , 2022 – Rothschild files motion to dismiss the action. Regarding the second prong, Rothschild’s counsel pointed to the lack of explicit mention of Hermès in the advertising of the NFTs. May 18 th , 2022 – Judge Radkoff denies Rothschild’s motion to dismiss.

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

Kluwer Copyright Blog

MAY 23, 2022

8276/2022, published on 14 March 2022). A slogan is not original – the Court clarified – where it includes a strongly evocative brand as the latter is capable of making the claim less creative and innovative. The dispute was started by the author of the slogan against the Italian carmaker FIAT.

Copyright 106

Copyright Advertising Advertising Trademark 106

TorrentFreak

NOVEMBER 30, 2022

The PIPCU tweet announcing the arrest was dated October 5, 2022, but we believe it occurred weeks earlier, around September 7th/8th/9th. What can be easily verified is the huge number of 1XBET-branded releases indexed on TorrentGalaxy, the site identified as offering the movies recorded in Liverpool cinemas.

Cinema 145

Cinema Intellectual Property Copying Government 145

Above the Fold

OCTOBER 31, 2022

On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged false advertising. Therefore, the plaintiffs’ claims will move forward, with an initial case management conference scheduled for November 2, 2022.

Branding 52

Branding Brands Branding False Advertising 52

TorrentFreak

OCTOBER 8, 2022

Still fresh after obtaining a judgment worth more than half a billion dollars against an IPTV seller in May, DISH quickly filed a new lawsuit against the alleged operators of PrimeStreams, one of the most recognizable brands in the market. The complaint alleges that through his KTV brand, Everly was one such reseller.

Cease and Desist 118

Cease and Desist Branding Brands Branding 118

Olartemoure Blog

SEPTEMBER 23, 2022

On September 8, 2022, the Mexican Government published the amendment to the Labeling Standard for food and non-alcoholic beverages (NOM). The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. Original source in Spanish. 09/22/22 – Consumer Protection.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

LexBlog IP

JANUARY 18, 2022

NFTs (non-fungible tokens, not thoroughbreds) were not a disappointment but instead were all the rage for holiday giving this year, including offerings from brands such as Adidas and Balmain x Barbie. But if your clients are launching NFTs for sale in 2022, making clear to consumers what they are buying is key.

Non-Fungible Tokens 52

Non-Fungible Tokens Advertising Advertising Branding 52

LexBlog IP

OCTOBER 31, 2022

On June 11, 2022, Plaintiffs Matthew Sinatro and Jessica Prost filed a class action lawsuit in the Northern District of California against the Barilla pasta company over alleged false advertising. Therefore, the plaintiffs’ claims will move forward, with an initial case management conference scheduled for November 2, 2022.

Branding 52

Branding Brands Branding False Advertising 52

The IPKat

JUNE 13, 2022

Despite the uncertainty around the long-term success of NFTs, we have certainly seen a “land grab” from brands filing trade marks, including ITV (for LOVE ISLAND), Heineken and even The Empire State Building [Katpost with details from Becky Knott here ].

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140