Technology & Marketing Law Blog

AUGUST 29, 2022

That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. Nevertheless, as the semester has already started at Santa Clara Law, I’ll do my rundown of my 2022 outputs-to-date anyway. Regulation of Political Advertising (2022 Edition).

Editing 98

Editing Social Media Blogging Advertising 98

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

SpicyIP

SEPTEMBER 3, 2024

With this Louis Vuitton seems to have struck a jackpot as it managed to restrain Haute24 from selling its products in a copyright dispute over its advertisement material. Haute24 is an online e-commerce platform whose stated aim is to make luxury apparel from the US and Europe affordable for the Indian market (see here ).

Advertising 103

Advertising Advertising Copyright Branding 103

43(B)log

NOVEMBER 23, 2022

SA-22-CV-00096-XR, 2022 WL 17086368 (W.D. 18, 2022) Lexmark provides standing to a purchaser because the harms it alleged are “commercial” harms. 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.

False Advertising 99

False Advertising Advertising Advertising Business 99

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.

Advertising 147

Advertising Advertising Marketing Marketing 147

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Google, LLC , 2022 WL 451876 (Ga. More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying? Case Citation : Edible IP, LLC v. 1-800 Contacts v. Greenberg v.

IP 141

IP Advertising Advertising Trademark Law 141

Technology & Marketing Law Blog

DECEMBER 10, 2022

It had favorable organic indexing that made it some money, and it bought Adwords advertising that made it more money. But over time, its organic indexing declined and so did its conversion rate on advertising. 2 claim, alleging that Google willfully monopolized a market. But which market? Case dismissed.

Advertising 111

Advertising Advertising Marketing Marketing 111

The IPKat

FEBRUARY 5, 2023

The IPKat has received and is pleased to publish another guest contribution by Danish Katfriends Jakob Plesner Mathiasen , Hanne Kirk and Thit Nymand Nisbeth (all Gorrissen Federspiel) tackling influencer marketing from an IP perspective. This emerging breed is - very tellingly - called influencer marketing.

Marketing 94

Marketing Marketing IP Music 94

Technology & Marketing Law Blog

APRIL 29, 2022

The court disagrees (emphasis added): As in Dyroff , Plaintiffs’ allegations here do not establish that Meta materially contributed to the illegality of the specific advertisements in question. At most, Plaintiffs’ allegations establish that Meta encouraged and solicited third parties to advertise on its platform.

Contracts 128

Contracts Advertising Advertising Publishing 128

TorrentFreak

MARCH 24, 2025

. “The proliferation of matches and competition from other audiovisual content, both sporting and non-sporting, creates an overabundance of content that challenges the balance of the football audiovisual exploitation rights market.” ” The proposals run deep and even if the bill passes, pushback seems almost inevitable.

Advertising 62

Advertising Advertising Marketing Marketing 62

The TTABlog

OCTOBER 12, 2022

88453313 (September 30, 2022) [not precedential] (Opinion by Judge Melanye K. Refusal to register RESPONSIVEADS for advertising, marketing and promotional services and for marketing software. 90078211 (September 27, 2022) [not precedential] (Opinion by Judge Elizabeth A. Welch 2022. In re Responsiveads, Inc.

Advertising 122

Advertising Advertising Marketing Marketing 122

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

43(B)log

JUNE 22, 2022

2022 WL 2205263, -- F. 22, 2022) Held: A warranty is not “commercial advertising or promotion” under the Lanham Act. Plaintiffs sued for breach of contract under Tennessee common law and false advertising in violation of the Lanham Act. (OK, Plateau Casualty Ins. Securranty, Inc., 3d --, No. 2:22-cv-00007 (M.D.

Advertising 72

Advertising Advertising False Advertising Contracts 72

Michael Geist

APRIL 19, 2022

After obtaining hundreds of millions in taxpayer support with programs such as the Local Journalism Initiative (made permanent in Budget 2022), the Journalism Labour Tax Credit, and the Digital Subscription Tax Credit, the organization set its sights on the Internet platforms. 2022-04-14. 2022-04-13. 2022-04-11.

Journalism 145

Journalism Advertising Advertising Government 145

Technology & Marketing Law Blog

MAY 4, 2022

“Plaintiff contends that Pinterest has infringed the copyrights of 51 of his works by displaying these works in proximity to advertisements and by displaying and distributing them to users via notifications.” You’ll see to its immediate right an advertisement (a promoted pin).

Advertising 119

Advertising Advertising Copyright Infringement Copyright 119

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

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 83

IP Registration Advertising Advertising 83

Technology & Marketing Law Blog

NOVEMBER 30, 2022

Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? I guess RCN can better manage its copyright liability exposure by advertising that it provides shitty connections.

Copyright 139

Copyright Advertising Advertising Copyright Infringement 139

Technology & Marketing Law Blog

NOVEMBER 20, 2022

Plaintiff argues that CDA immunity does not apply, “because Seamless actively created the profiles and advertising webpages giving rise to this suit.” Defendant argues that Plaintiff’s name or likeness appearing in a string of search results on the same page as a paywall option does not create an unlawful advertisement.

Advertising 119

Advertising Advertising Blogging Reporting 119

Technology & Marketing Law Blog

JULY 9, 2022

Match Group LLC , 2022 WL 877107 (N.D. March 24, 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.” Donegan , 2022 WL 992527 (E.D.N.Y. March 31, 2022).

Advertising 131

Advertising Advertising Publishing Blogging 131

Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. Now he’s helping out by helping build out defense-side keyword advertising precedents. 2022 WL 2664124 (D. July 11, 2022). More Posts About Keyword Advertising. *

Trademark 119

Trademark Advertising Advertising Litigation 119

Technology & Marketing Law Blog

MARCH 13, 2022

2022 WL 594833 (D. 2022 WL 670919 (W.D. March 7, 2022). More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying? Groupon, Inc.

Trademark 110

Trademark Advertising Advertising Settlement 110

IP Watchdog

DECEMBER 19, 2023

Scott Hargis is an architectural photographer who sued Pacifica Senior Living Management LLC in September 2022 for damages and injunctive relief related to infringement of 43 of Hargis’ photos that Pacifica used to advertise and market its senior living facilities.

Copyright 106

Copyright Advertising Advertising Reporting 106

43(B)log

AUGUST 29, 2024

26, 2024) The parties compete in the hand-held gardening tool market. Fiskars alleged that Woodland engaged in false advertising when it described its Regular Duty Bypass Pruner as “designed in the USA” because Woodland actually copied Fiskars’s version of the tool—which would mean that Woodland did not design its tools at all.

False Advertising 59

False Advertising Advertising Advertising Design 59

Technology & Marketing Law Blog

JANUARY 12, 2022

So it’s a nostalgic kick to blog a pure click fraud ruling in 2022. ” For standing purposes, it doesn’t matter that he still advertises through AdWords. Also, many advertisers are pretty sophisticated and would interpret Google’s statements more skeptically than Singh did. Commonality. ” Typicality.

Advertising 113

Advertising Advertising Settlement Blogging 113

Technology & Marketing Law Blog

JANUARY 22, 2022

” Market Effect. “there is no danger that the Dubtown Video will usurp the market for which Watch Tower intends its works. Case Citation : In re: DMCA Section 512(h) Subpoena to YOUTUBE (GOOGLE, INC.) , 2022 WL 160270 (S.D.N.Y. 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising).

Fair Use 143

Fair Use Copyright Infringement Marketing Marketing 143

43(B)log

FEBRUARY 17, 2022

11, 2022) This is the main liability opinion. Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” In re: Elysium Health-ChromaDex Litigation, No.

Advertising 80

Advertising Advertising False Advertising Marketing 80

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

Business 131

Business Contracts Branding Brands 131

43(B)log

OCTOBER 11, 2022

1:21-cv-10688-IT, 2022 WL 4626918 (D. 30, 2022) Plaintiff, d/b/a Logan Car Service, has offered limousine and transportation services primarily in the Greater Boston area since the 2000s and uses logancarservice.com to do so. Boston Carriage, Inc. Boston Suburban Coach, Inc., Boston Suburban is a competitor.

False Advertising 64

False Advertising Advertising Advertising Copying 64

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

Technology & Marketing Law Blog

JUNE 29, 2022

This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. ” (I think this conclusion was true many years before 2022). Keyword Ads.

Trademark 111

Trademark Advertising Advertising Blogging 111

The IP Law Blog

DECEMBER 29, 2022

Google, LL C, decided on December 6, 2022, by the Ninth Circuit Court of Appeals. The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an antitrust claim. Dreamstime relies primarily on user traffic directed to its website from search engines like Google.

Advertising 104

Advertising Advertising Marketing Marketing 104

Olartemoure Blog

DECEMBER 14, 2023

This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dominant market position.

Marketing 98

Marketing Marketing Advertising Advertising 98

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

The IPKat

JANUARY 20, 2025

Background and facts In 2019, Juventus successfully sued Pegaso before the Turin Court of First Instance over the marketing of a shirt which reproduced the characteristics of the clubs Adidas-designed jersey Be The Stripes for the 2019/20 season.

Non-Fungible Tokens 69

Non-Fungible Tokens Designs Design Public Use 69

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

False Advertising 56

False Advertising Advertising Advertising Social Media 56

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