Technology & Marketing Law Blog

DECEMBER 10, 2023

The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. This argument has failed so many times. Google opinion.

False Advertising 95

False Advertising Advertising Advertising Marketing 95

JD Supra Law

MAY 22, 2023

In this episode of Trending Now - An IP Podcast, Ed White and Amy Pruett take a look at advertising and media trends in 2023 that may affect intellectual property and your brands. By: Williams Mullen

Advertising 52

Advertising Advertising Intellectual Property IP 52

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

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IP Copyright Trademark Intellectual Property 124

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?

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Advertising Advertising Reporting Privacy 62

43(B)log

DECEMBER 15, 2023

2023 WL 8586681, No. 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. Tundra, Inc.,

False Advertising 59

False Advertising Advertising Advertising Branding 59

Olartemoure Blog

SEPTEMBER 1, 2023

On August 21, 2023, the Advertising Guide for Influencers of the Federal Consumer Protection Agency (PROFECO) was published in the Official Journal of the Federation (DOF). Among the suggestions in the guide are: E Advertising must be clear, truthful and without misleading information.

Advertising 52

Advertising Advertising Journalism Intellectual Property 52

Olartemoure Blog

NOVEMBER 3, 2023

On 20 October 2023, COLJUEGOS issued Resolution No. ii) advertising investment ceilings were established for the operators. iii) operators must submit to COLJUEGOS each year an advertising investment plan that cannot exceed the defined ceilings. iv) advertising of games or practices not authorized by COLJUEGOS is prohibited.

Advertising 52

Advertising Advertising Intellectual Property Branding 52

The IPKat

DECEMBER 14, 2023

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, it’s about the trade marks. Tinderet is an area in Kenya.

IP 84

IP Service Mark Cease and Desist Registration 84

IP Tech Blog

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 57

Advertising Advertising Blogging Brands 57

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 139

Reporting Social Media Advertising Advertising 139

The IPKat

OCTOBER 8, 2024

In a case involving a patent for herbicide compositions, the UPC Munich Local Division was asked to consider whether the alleged infringer's marketing of a product within the Contracting Member States under the same brand name as a clearly infringing product sold outside the Member States created a risk of first (or imminent) infringement.

Advertising 63

Advertising Advertising Patent Infringement Cease and Desist 63

43(B)log

APRIL 25, 2023

BBK Tobacco & Foods, LLP, 2023 WL 3004625, No. 19, 2023) Previous discussion. A jury found that defendant HBI engaged in unfair competition and violated the Illinois Uniform Deceptive Trade Practices Act (IUDTPA” in its packaging and promotional activities for its RAW Organic Hemp branded tobacco rolling paper products.

False Advertising 59

False Advertising Advertising Advertising Law 59

Technology & Marketing Law Blog

MARCH 6, 2023

He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe named Confidence Empire (maybe this one ?). YouTube, LLC, 2023 WL 2349597 (D. March 3, 2023). Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. Case Citation : Lops v.

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Trademark False Advertising Advertising Advertising 105

LexBlog IP

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 52

Advertising Advertising Blogging Brands 52

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.

Advertising 52

Advertising Advertising Reporting Privacy 52

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. 11, 2023 (claiming that various products were “patented”). 1, 2017 to Apr.

False Advertising 59

False Advertising Advertising Advertising Patent 59

TorrentFreak

MAY 24, 2024

As publicly advertised, pirate site domains are nominated for placement on the IWL by rightsholder groups such as the MPA, BPI, IFPI, and the Publishers Association. Once police have carried out their own investigations, any domain subsequently added to the IWL finds itself blacklisted by most of the advertising industry.

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Advertising Advertising Publishing Music 109

TorrentFreak

JANUARY 3, 2024

Gambling Crackdown Benefits Premier League As reported in 2023 , ISPs in Vietnam periodically receive instructions from the authorities to block or take other action against various sites. ” It contains over 400 domain names and, according to metadata, was last updated on December 26, 2023.

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Advertising Advertising Reporting Copyright Infringement 113

IP and Legal Filings

JUNE 10, 2024

The decision of the Delhi HC, pronounced on 18 th September 2023, penned by Hon’ble Justice C Hari Shankar, in this matter over the tagline “For the Bold” has caused ripples in the field of Intellectual Property Rights. , it filed for a trademark infringement and unfair advantage suit in the court against Parle Agro.

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Trademark Registering Trademarks Advertising Advertising 90

Indiana Intellectual Property Law

DECEMBER 22, 2023

In the competitive world of mattresses and bedding, brand recognition and trust are paramount. recently filed a lawsuit against Defendant Luxury Mattress & Furniture LLC , a suit highlighting the significance of safeguarding trademarks and brand integrity. Plaintiff Tempur Sealy International Inc. Continue reading

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Branding Branding Brands Intellectual Property 52

43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived. 3d 1137 (9th Cir.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

SpicyIP

APRIL 17, 2023

Case: Coolulu Sports Private Limited vs Union Of India on 5 April, 2023 (Karnataka High Court) Image from here The writ petition was filed against the order of the Regional Director, Corporate Affairs directing the petitioner to change its name for being similar to the trademark of the respondent no. 2 (Lulu Mall).

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Advertising Advertising Confidentiality Trademark 105

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? 2023 WL 9051998 (E.D. Peninsula Components, Inc. LoanStreet v.

Trademark 98

Trademark Advertising Advertising False Advertising 98

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.

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Branding Brands Branding Trademark 105

SpicyIP

JULY 1, 2024

Dabur alleged that these depictions were disparaging their trademarks, infringing their copyright, could mislead viewers and negatively impact their brand. Way Forward These incidents raise pertinent questions about the regulatory frameworks governing advertisements. Anchor ( para 64 )).

Advertising 105

Advertising Advertising Copyright Infringement Trademark 105

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. For background on the legal battles over keyword advertising by lawyers, see this article. McNeil Consultants LLC, 2023 WL 5600128 (N.D. July 27, 2023). Case citation : Jim S.

Advertising 98

Advertising Advertising False Advertising Trademark 98

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 131

Reporting Advertising Advertising Copying 131

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Roblox Corp. 22-cv-04476-SI (N.D. Users interact with the platform through virtual characters known as “Avatars.”

Copying 94

Copying False Advertising Social Media Advertising 94

TorrentFreak

FEBRUARY 16, 2024

Allegations of copyright infringement also featured in a complaint filed at an Arizona court in 2023, which hoped to quickly shut down a popular pirate site. The defendant was served September 22, 2023, but after failing to appear, the court’s entry of default was followed by a motion for default judgment. filed its complaint.

Copyright 128

Copyright Trademark Copyright Infringement Registration 128

LexBlog IP

JANUARY 17, 2024

From the Big Mac v Big Jack to the KFC v HFC – 2023 was the year of the burger. Further, considering the information before the Court, Justice Burley agreed with Hungry Jack’s in that ‘cheekiness’ was part of its brand and that they had no intention to confuse consumers.

Marketing 52

Marketing Marketing Branding Branding 52

TorrentFreak

JANUARY 31, 2024

In common with previous years, the 2023 edition published Tuesday highlights “prominent and illustrative” examples of mainly online sites and services that either engage directly in piracy, facilitate it, or simply turn a blind eye to infringement while enjoying the benefits. government. They come with important caveats, however.

Reporting 110

Reporting Marketing Marketing Social Media 110

43(B)log

JANUARY 13, 2023

Ancient Brands, LLC, 2023 WL 157956, No. 11, 2023) The parties compete in the market for collagen peptides supplements. Vital Proteins LLC v. 22 C 02265 (N.D.

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Advertising Advertising Marketing Marketing 102

The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. August 3, 2023 - 11 AM: TF Intellectual Property Pty Ltd v. August 3, 2023 - 1 PM: Mealpass, Inc. August 8, 2023 - 11 AM: In re Molina Healthcare, Inc. August 9, 2023 - 11 AM: Billy Stott v.

Contracts 52

Contracts Registration Designs Design 52

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.

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Contracts Advertising Advertising Social Media 52

Technology & Marketing Law Blog

JUNE 20, 2024

The photo depicts two children (“Brave” is the one on the right) at the 1 Hotel in West Hollywood wearing the hotel’s branded robes. It then went further and used the photo to promote the robe: In 2023, Sunny Khachatryan obtained a copyright registration for “Brave’s” photo. Implications.

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Social Media Copyright Licensing Advertising 105

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. They may also consider the possibility of non-U.S.

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Trademark Registration Branding Branding 52

TorrentFreak

MARCH 4, 2024

Anime piracy site B9Good first appeared way back in 2008, initially operating under B9DM branding. Last March, Japan-based anti-piracy group CODA reported an estimate of B9Good’s traffic for the two years running up to February 2023. Defying the usual odds, 15 years later the site was still alive and kicking.

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Reporting Copyright Infringement Advertising Advertising 110