This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
The weekend has just closed on another very rainy Floridian ANA Masters of Advertising Law Conference (Last year we had a hurricane, so this would qualify as an uninspiring upgrade).
2:22-cv-03391-SSS-PLAx, 2023 WL 5667568 (C.D. 17, 2023) Plaintiff brought the usual California statutory claims against Penuma, a penile implant/procedure, for alleged misstatements about Penuma’s safety and efficacy. International Medical Devices, Inc., Here, we deal only with the claims for injunctive relief.
The Digital Markets Act is a groundbreaking law from the European Union that regulates the performance of large online platforms (designated as gatekeepers) in the digital economy to guarantee fair competition, which started applying on 2 May 2023. It controls an important gateway for business users toward final consumers.
4th -, 2023 WL 4189604, Nos. 27, 2023) Proceedings below most recently blogged here. Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for false advertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews. Vitamins Online, Inc.
Mahindra, Tanishka Goswami analyzes the Court’s findings on the importance of house marks in infringement assessment, and the nature of the relevant market. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Tanishka is an advocate at the High Court of MP. 3000 crores.
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
District of Columbia , 2023 WL 5964764 (D.C. City of Delray Beach, 2023 WL 6037456 (S.D. Manteca, 2023 WL 3833367 (Cal. June 6, 2023): Breitenbucher “liked” comments and an article in a public forum, Facebook. Newman, 2023 WL 2645555 (5th Cir. Marigot Beach Club and Dive Resort, 2023 WL 2743305 (D.
The IWL is a component of Operation Creative, a multi-agency initiative led by PIPCU at City of London Police, with support from partners across the creative and advertising industries. The process began late 2023 with a soft market testing exercise followed by the publication of the listing above mid-April 2024.
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.
19-662-CFC, 2023 WL 4561059 (D. 17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., Natera made superiority claims for its Prospera.
This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. We usually get ours at the local farmers market.] Yum, and easily veganized. ” Say what? ” That prompted this litigation. ” UGH.
This resulted in hours of primetime pirate advertising. marketing the brand to a massive TV audience of millions. Omo, EVO, Mega We’ll end this brief and selective overview with a few key cases that started earlier, but saw some (preliminary) conclusions in 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?
. “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.
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.
. “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 advertisingmarket,” it reads. So what can Globo staff do to help?
Eastern , Seyfarth attorneys Kristine Argentine , John Tomaszewski , and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.”
Marketing, Sales Practices & Products Liab. 2023 WL 8006602, MDL No. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. And, they continued, SoClean was illegally marketing its devices. Commercial advertising or promotion: A separate problem. In re SoClean, Inc., 22-542 (W.D.
The Roundtable will be held on Friday, October 6, 2023. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law. The Roundtable will cover the travel and lodging expenses for invited authors.
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. Lupin Ltd.,
2023 WL 139714, No. 9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean. AHBP LLC v. SA-22-CV-00096-XR (W.D.
Trademark and Unfair Competition Scholarship Roundtable 2023 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place in person hosted this year at NYU. The Roundtable will be held on Friday, October 6, 2023.
Had a crystal ball been available back in 2017, Merrell would’ve observed the operators of Flawless being sent to prison in 2023 for more than 30 years. As a new customer, subsequently purchased a subscription from a then relatively unknown provider called Flawless TV.
Resolution 1896 of 2023, contains regulations on non-promotional information, promotion, marketing, and advertising of medicinal products. Advertising and promotion of OTC medicines must be notified to INVIMA prior to launch and will be subject to market surveillance (prior authorization is no longer required).
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.
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.
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.
2023 WL 4681569 , No. The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. These ads were based on an obseivational study Amgen conducted itself, in an effort to remain competitive with the emerging biosimilar market.
LLC, 2023 WL 3066119, No. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” The parties compete in the market for skid steer attachments and other products.
The false advertising claim fails because Lops didn’t show that the videos “are commercial speech and made for the purpose of influencing consumers to buy YouTube’s goods or services.” YouTube, LLC, 2023 WL 2349597 (D. March 3, 2023). YouTube appeared first on Technology & Marketing Law Blog.
For more background on competitive keyword advertising by lawyers, see this article. 2023 WL 3340214 (W.D. May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)
Indeed, Facebook is more of a developer than the website in Roommates.com in one respect because, even if a user did not intend to reveal a particular characteristic, Facebook’s algorithms nevertheless ascertained that information from the user’s online activities and allowed advertisers to target ads depending on the characteristic.
She alleges that despite this duty, Amazon promoted, marketed, sold, and distributed John Doe’s camera. ’ All advertised uses are foreseeable uses.” Basically repeating its duty analysis, the court extends causation back to Amazon: Amazon approved and helped market John Doe’s camera. Snap , Lemmon v.
This is a competitive keyword advertising lawsuit. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. ” Marketing channel. Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.”
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.
2023 WL 2918724, No. 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. Are lost prospective customers and market share purely economic harms? So too with lost market share.
As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory.
Each year around the end of January, the Office of the United States Trade Representative ( USTR ) publishes its annual review of so-called ‘notorious markets’ known for their connections to intellectual property crime. government. They come with important caveats, however. Officially nominated as Cuevana3.ch, news, cuevana3.pro,
Allen Interchange LLC, 2023 WL 5206884, No. 14, 2023) This opinion deals only with Allen’s counterclaims. Lanham Act false advertising: Allen alleged that Toyota’s statements that “[t]he purchase. of unauthorized, gray market parts within [Toyota USA’s] PMA [Primary Market Area], or anywhere, is.
“[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.
2023 WL 8586681, No. 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.,
This case involves two rival personal injury law firms in Arizona, one of which engaged in competitive keyword advertising against the other. Nor can it be said to show that Defendants’ marketing strategy made confusion likely. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v.
Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. Dupe perfumes are often marketed as affordable alternatives to their premium counterparts, offering similar fragrances without the hefty price tag. billion in 2025.
4th -, 2023 WL 3070085, No. 25 2023) Previous district court opinion allowing Lanham Act false advertising claims to proceed against Microsoft; applying the Article III analysis that doesn’t (yet?) TocMail launched its IP-evasion product, got a patent, and then sued Microsoft for false advertising—all within two months.”
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content