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

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

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

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

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

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Likewise, essential facilities doctrine, edging toward common carrier—firms that control essential/important bottleneck for market participation can be required to give access. What are you going to do instead, advertise on Bing?

Law 91

Law Branding Brands Branding 91

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 Designs 59

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

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

Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. 1125, for its statement in marketing its VeriCall solution that VeriCall will “increase 10% IVR Containment Rate.”

False Advertising 68

False Advertising Advertising Advertising Law 68

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

Technology & Marketing Law Blog

MAY 18, 2022

PeopleConnect, 2022 WL 888300 (W.D. March 25, 2022). As alleged in the Amended Complaint, the Classmates’ website uses his image to advertise a paid subscription to its services in at least two ways.” The advertisements at issue that Classmates created are not intertwined with otherwise protected speech.”

Advertising 116

Advertising Advertising Blogging Copying 116

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

IP and Legal Filings

DECEMBER 16, 2024

It reviews the growing importance of the protection of non-traditional trademarks within the fashion world in assessing how firms use trade dress to create and maintain an identity that may thrive within market competition. 2] Herms International v Rothschild 590 F Supp 3d 647 (SDNY 2022). [3] Yves Saint Laurent [1] and Herms v.

Branding 98

Branding Brands Branding Designs 98

The IPKat

FEBRUARY 28, 2025

The opponent's renowned trade mark for vodka Background Manfred Ogrodowczyk (applicant) filed an application to register the word CHOPIN in 2022. 80% of the regular vodka consumers were aware of CHOPIN vodkas), while the investments made in advertisements and social media accounts demonstrated an active policy on the promotion of the mark.

Registration 59

Registration Advertising Advertising Social Media 59

43(B)log

FEBRUARY 26, 2024

Lawmakers in New York City and New York State banned the sale of unfinished frames and receivers in 2020 and 2022, respectively. The advertising bit: Defendants allegedly misled New York customers into “believing that unfinished frames and receivers are legal workarounds to New York’s gun control laws, as well as federal law.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? Tundra allegedly uses the information it scrapes from Faire’s platform, including contact information, to market its product. The screenshot was “commercial advertising or promotion.” Faire Wholesale, Inc. Tundra, Inc., 2023 WL 8586681, No. 23-cv-02538-JSC (N.D.

False Advertising 59

False Advertising Advertising Advertising Branding 59

BYU Copyright Blog

FEBRUARY 14, 2022

On January 25, 2022, Panoramic Stock Images, LTD ("Panoramic") filed a lawsuit against Washington University in St. its complaint, Panoramic accuses Wash U of copying "Panoramic’s copyrighted Work in order to advertise, market and promote its business activities."

Copying 101

Copying Advertising Advertising Business 101