TorrentFreak

NOVEMBER 19, 2023

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v. million expenses, $1.1

Marketing 96

Marketing Marketing Privacy Intellectual Property 96

Technology & Marketing Law Blog

DECEMBER 10, 2023

Amazon is an ICS provider: Plaintiff alleges that Defendants “market” and “sell” products to retail consumers “through internet websites.” The plaintiff claimed that Amazon bears the responsibility to verify advertiser claims and product authenticity. This argument has failed so many times.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

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

43(B)log

DECEMBER 18, 2023

2023 WL 8697700, No. The engineer of record must indicate on construction drawings the specific structural connectors that will be used on a given project, whether a custom connector designed by the engineer to join and transfer the load between members or a pre-engineered connector. Simpson Strong-Tie Co. 20-cv-06957-VKD (N.D.

False Advertising 64

False Advertising Advertising Advertising Copyright 64

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Designs 57

Designs Design Social Media Privacy 57

The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. 91268870 (December 21, 2023) [not precedential] (Opinion by Judge Christen M.

Designs 67

Designs Design Marketing Marketing 67

The IPKat

AUGUST 7, 2024

Revolt Zycling , UPC_CFI_177/2023. myStomer tried to include Austria in the injunction too by way of a rectification of the order but this request was dismissed on 30 June 2023. Eurobike 2023" is an important leading trade fair that has considerable relevance for the entire industry. EUR for each contravention.

Cease and Desist 86

Cease and Desist Art Patent Advertising 86

Technology & Marketing Law Blog

JUNE 5, 2023

. “there is no doubt that the complaint treats Google as the publisher or speaker of information… the plaintiff’s causes of action against Google rest solely on the theory that Google did not block a third-party advertisement for publication on its search pages. Google LLC , 2023 U.S. Case citation : Ynfante v.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

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. Yet, based on the sheer scale of piracy, none have experienced anything close to that taking place in the manga market. Piracy Campaign.”

Reporting 113

Reporting Advertising Advertising Copying 113

43(B)log

AUGUST 8, 2023

2023 WL 5000434, No. 4, 2023) Akes brought the usual California claims /unjust enrichment, alleging that she was misled by the labeling of the 2.5-ounce ounce bottle of Coppertone Sport Mineral sunscreen as “Face 50” to believe that it was “specifically designed” or “specifically formulated” “for use on the face.”

Designs 90

Designs Design Marketing Marketing 90

LexBlog IP

AUGUST 23, 2023

. (“Palacio del Rio”) sought two registrations for the river-side view and street-side view of its modular designed building for hotel services. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? See Figure 2.

Designs 52

Designs Design Advertising Advertising 52

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. 2023 WL 6130030 (W.D. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v.

Blogging 85

Blogging Copyright Fair Use Copyright Infringement 85

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.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Roblox Corp. 22-cv-04476-SI (N.D.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. ” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. ICS Provider. ICS Provider.

False Advertising 89

False Advertising Social Media Publishing Advertising 89

The TTABlog

SEPTEMBER 15, 2023

88737597 (September 12, 2023) [not precedential] (Opinion by Judge Thomas W. As to the first factor, there were no pertinent utility patents of record, but there was a design patent owned by the applicant. In other words, the design is not 'essential to the use or purpose' of the polishing pads." Wellington).

Designs 67

Designs Design Advertising Advertising 67

43(B)log

MARCH 20, 2023

WatsonSeal Marketing LLC v. Crawlspace Ninja IP LLC, 2023 WL 2533061, No. 15, 2023) When is informational material related to a for-profit company’s business commercial speech? Church even describes LumberKote as “a fine product” that, “like everything” on the market, “is only as good as it’s installed.”

False Advertising 60

False Advertising Advertising Advertising Marketing 60

The TTABlog

OCTOBER 5, 2023

91254647 (September 30, 2023) [not precedential] (Opinion by Judge Cheryl S. This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." Applicant markets KIST to reference a kiss." Opposer markets SUNKIST to reference the sun." Welch 2023.

Advertising 64

Advertising Advertising Marketing Marketing 64

IP and Legal Filings

FEBRUARY 15, 2024

While the data provided by individuals are handled safely by the industry, yet, there exists an apprehension that sharing data could be misused and will lead to a flood of advertisements as based on the interests of individuals or even to potential fraud and scams.

Privacy 95

Privacy Social Media Advertising Advertising 95

43(B)log

SEPTEMBER 5, 2023

3d -, 2023 WL 4463246, No. 11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic activity. The Design Manual also included several technical drawings of BRBs, which allegedly infringed plaintiff Core-Brace’s registered drawings.

False Advertising 59

False Advertising Law Advertising Advertising 59

LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

IP 52

IP Designs Design Copying 52

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

The IPKat

FEBRUARY 17, 2023

The e-commerce platform Amazon offers an affiliate marketing programme called Amazon Associates. The agreement between Amazon and the affiliate does not provide any specifications for the design of the affiliate’s website. Background The case concerned affiliate marketing on www.schlafbook.de.

Advertising 69

Advertising Advertising Business Designs 69

TorrentFreak

JANUARY 19, 2024

In the final days of 2023 as people were preparing to welcome in the new year, yet more pirate domains were being redirected or transferred into the hands of the MPA, presumably as part of a settlement agreement. 2) Responsive Design with VIP membership system. From: TF , for the latest news on copyright battles, piracy and more.

Advertising 85

Advertising Advertising Intellectual Property Settlement 85

The TTABlog

OCTOBER 10, 2023

And the parties’ market interface weighed slightly in favor of opposer "to the extent the parties acknowledged a need for Applicant to choose a non-confusingly similar mark." 2023 USPQ2d 1136 (TTAB 2023) [precedential] (Opinion by Judge Cindy B Greenbaum). KME Germany GmbH v. Zhejiang Hailiang Co.,

Marketing 67

Marketing Marketing Ownership Registration 67

43(B)log

APRIL 17, 2023

2023 WL 2933306, No. 13, 2023) Previous court of appeals ruling discussed here. The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act.

Advertising 52

Advertising Advertising Editing Litigation 52

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria De Alimentos Zenu S.A.S. Latinfood U.S. T]he one showed in the application is not mine.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

JULY 15, 2024

10, 2023) Nike sued over StockX’s use of Nike trademarks on StockX NFTs without Nike’s consent and alleged sales of counterfeit Nike sneakers despite allegedly guaranteeing that all products sold by StockX were authentic. Nike’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions.

False Advertising 69

False Advertising Branding Brands Branding 69

43(B)log

APRIL 25, 2023

2023 WL 3046592, No. 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Plaintiff (dba Whisker) sued defendant (dba Smarty Pear), its competitor in the market for automated, self-cleaning litter boxes. Purlife Brands, Inc.,

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MARCH 27, 2023

EDCV 22-1861 JGB (KKx), 2023 WL 2629020 (C.D. 9, 2023) Hernandez brought the usual California claims against RSC for allegedly false and misleading advertising of its electric collar products for pets under the brand name PetSafe. It is designed to get your pet’s attention, but not punish him. Hernandez v.

False Advertising 59

False Advertising Advertising Advertising Branding 59

TorrentFreak

FEBRUARY 24, 2023

After thriving in what was once a localized traditional market, Japanese comics known as ‘manga’ took the world by storm. Publishers and authors could only watch as their work fueled a huge but unlicensed black market. It’s complex and messy, almost certainly by design.

Publishing 117

Publishing Advertising Advertising Music 117

Technology & Marketing Law Blog

AUGUST 29, 2022

While that is pretty sweet, I will pay for it next year when I teach Internet Law in both Spring and Fall 2023. [FN: 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition).

Editing 91

Editing Social Media Blogging Advertising 91

LexBlog IP

MAY 4, 2023

According to Meta’s report, “to target businesses, malicious groups often first go after the personal accounts of people who manage or are connected to business pages and advertising accounts. ” The Meta report provides useful tools to guard against these attacks and responses in the event a device is affected. .”

Privacy 40

Privacy Reporting Designs Design 40

LexBlog IP

MARCH 14, 2023

The Order concludes an adjudicative proceeding that the FTC brought in January 2023 based on general marketing claims stating or implying that the Company’s glass products are of U.S. The China-made products still sold under SKUs that advertised the sets as made in the USA, while general advertising materials implied the same.

Advertising 52

Advertising Advertising Marketing Marketing 52

The TTABlog

JULY 24, 2023

Swiss watchmaker Audemars Piquet opposed applications to register MOSSY OAK and MOSSY OAK & Design for watches and jewelry on the grounds of likely confusion with and likely dilution of the registered mark ROYAL OAK , in standard character and stylized form, for watches. July 14, 2023 [not precedential] (Opinion by Judge Thomas W.

Registration 52

Registration Designs Design Advertising 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

Social Media 52

Social Media Branding Brands Branding 52