Technology & Marketing Law Blog

OCTOBER 9, 2024

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. The message from the Second Circuit is plain: stop bringing competitive keyword advertising cases. This ruling doesn’t address the scenario where the advertiser’s ad copy references the trademark.

Advertising 93

Advertising Advertising Trademark False Advertising 93

43(B)log

OCTOBER 18, 2024

GSP Golf AB, 2024 WL 4276497, No. 24, 2024) Trackman makes the golf simulator game Perfect Golf, which offers users the ability to virtually play some of the most famous golf courses in the world. Although the court dismissed a contract claim, copyright and false advertising claims survived. Trackman, Inc. 598 (NRB) (S.D.N.Y.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

JD Supra Law

NOVEMBER 1, 2024

In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches.

Trademark 67

Trademark Advertising Advertising Branding 67

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Other defendants manufactured and sold the Cube with their unique branding through Kitchen Cube’s affiliate program. False advertising: Only ok against Kitchen Cube.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

JD Supra Law

SEPTEMBER 16, 2024

26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. Fiskars Finland OY AB and Fiskars Brands Inc. Fiskars Finland OY AB v. Woodland Tools, Inc., 22-cv-00540 (W.D. By: Irwin IP LLP

Design Patent 64

Design Patent Patent Infringement False Advertising Designs 64

43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 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. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., W-22-CV-00776-ADA-DTG, No.

False Advertising 59

False Advertising Advertising Advertising Patent 59

43(B)log

AUGUST 27, 2024

2024 WL 3687956, No. 7, 2024) PNC is “a large, diversified financial institution offering retail and wholesale banking services,” while Plaid connects cash payment and investment account applications like Venmo, Robinhood, and Coinbase with a user’s banks. PNC Financial Services Gp. 2:20-cv-1977 (W.D. I attempt to reconnect.

Advertising 52

Advertising Advertising False Advertising Designs 52

43(B)log

SEPTEMBER 20, 2024

2:23-cv-1541, 2024 WL 4217446 (S.D. 18, 2024) Scotts makes consumer lawn, garden, pesticide, and insecticide products, including under the “ORTHO” brand. Scotts alleged that the products do not provide the advertised protection for up to 12 months or 365 days; that was sufficient to allege falsity. Scotts Company LLC v.

False Advertising 52

False Advertising Copyright Advertising Advertising 52

43(B)log

SEPTEMBER 20, 2024

Bayer Healthcare LLC, 2024 WL 4204921, No. 16, 2024) Plaintiffs alleged that Bayer falsely advertised One A Day Natural Fruit Bites Multivitamin products as “natural” even though they “contain non-natural, synthetic ingredients.” 22-cv-1085-MMA (JLB) (C.D. They brought claims under NY and California law.

False Advertising 52

False Advertising Advertising Advertising Branding 52

43(B)log

OCTOBER 16, 2024

C 20-07414 WHA, 2024 WL 4351861 (N.D. 30, 2024) I don’t usually blog default judgments, but this one was interesting. Amazon and plaintiffs proposed adding identifiers for three specific models of Rofeer-branded breathalyzers, not just one model. This is a false advertising case, not a counterfeiting case.

False Advertising 59

False Advertising Marketing Marketing Advertising 59

43(B)log

MARCH 14, 2024

2024 WL 1051951No. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! We are fiercely protective of the Crocs brand and our iconic DNA. Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D.

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

SEPTEMBER 13, 2024

3:19-cv-1434 (JAM), 2024 WL 4117244 (D. 9, 2024) The parties compete in the sale of “chemical bonding products marketed for home and automotive use.” J-B has used unqualified “Made in USA” claims in its advertising. This wasn’t comparative advertising (or a two-player market). Illinois Tool Works Inc. J-B Weld Co.,

Advertising 59

Advertising Advertising False Advertising Marketing 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.

Advertising 105

Advertising Advertising Publishing Music 105

IP Intelligence

MAY 9, 2024

4, 2024, the Board upheld a refusal to register Post’s proposed mark on the ground that it fails to function as a trademark given that it is not inherently distinctive and has not acquired distinctiveness under Section 2(f) of the Trademark Act. [2] 4, 2024) (precedential). [2] 4, 2024) (precedential). [2] 88857834 (TTAB Jan.

Advertising 98

Advertising Advertising Trademark Registration 98

The IPKat

JULY 12, 2024

The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics by Spyridon Sipetas Summer 2024 has officially been proclaimed as ‘brat summer’. Charli’s 6th studio album ‘Brat’, released on June 7th 2024, was promoted following a simple - yet, apparently, effective - approach: heavy use of a ‘radioactive’ shade of green, f.k.a.

Social Media 67

Social Media IP Branding Brands 67

43(B)log

OCTOBER 18, 2024

3d -, 2024 WL 2834159, No. 4, 2024) Interesting contributory liability issue in its interaction with laches. The operative claims were false designation of origin/false advertising in violation of the Lanham Act and coordinate state-law claims. Hawaii Foodservice Alliance, LLC v. Meadow Gold Dairies Hawaii, LLC, F.Supp.3d

False Advertising 59

False Advertising Advertising Advertising Designs 59

The TTABlog

APRIL 22, 2024

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). Hostess Brands, LLC v. 91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S.

Branding 44

Branding Brands Branding Social Media 44

SpicyIP

JULY 1, 2024

Dabur alleged that these depictions were disparaging their trademarks, infringing their copyright, could mislead viewers and negatively impact their brand. Eventually, the parties agreed to settle the dispute and consequently, the Calcutta High Court, through its order dated June 18, 2024, disposed of the case and all related applications.

Advertising 95

Advertising Advertising Copyright Infringement Trademark 95

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. Other arguments fail because “there is value in Minor Plaintiffs’ image and likeness, which Defendants then used for the purpose of commercial advertising and sales. Implications.

Social Media 104

Social Media Copyright Licensing Advertising 104

TorrentFreak

JULY 25, 2024

The music industry earns billions of dollars through associated advertising but doesn’t like the fact that some people download the tracks for offline use. “This is a suddenly growing phenomenon: with an average of 10 million accesses from Italy per month, the illegal practice grew by 10% in the first quarter of 2024 alone.”

Music 106

Music Branding Brands Branding 106

43(B)log

MARCH 8, 2024

Dr. Dennis Gross Skincare, LLC, 2024 WL 965621, No. 5, 2024) Similar California litigation at a later stage. Kandel alleged that Gross Skincare deceptively labeled and advertised its skincare products as containing collagen when, in fact, they do not. The products at issue are uniformly branded with the phrase “C + Collagen.”

Branding 59

Branding Brands Branding Advertising 59

43(B)log

MARCH 6, 2024

2024 WL 898941, No. 1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. NYU Langone Health Sys. Northwell Health, Inc., 23-CV-5032 (VEC) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

Olartemoure Blog

JUNE 28, 2024

0330 of 2024. Some argue that this precedent is excessive, as notorious marks are unlikely to lose their status in 5 years, given that notoriety is built up over decades of market presence, advertising investment and consumer loyalty.

Trademark 52

Trademark Intellectual Property Advertising Advertising 52

43(B)log

JUNE 10, 2024

3d -, 2024 WL 2843092, No. 5, 2024) Abbott Laboratories’s Glucerna line of powders and shakes are marketed as scientifically designed for people with diabetes to help manage blood sugar. The challenged language includes “to help manage blood sugar,” “#1 doctor recommended brand,” and “scientifically designed for people with diabetes.”

Designs 59

Designs Design Branding Brands 59

The IPKat

SEPTEMBER 30, 2024

In a recent decision ( [2024] EWHC 2282 (Ch) ) on trade mark revocation and infringement , the High Court of England & Wales (the Court) held that there was no likelihood of confusion between "easylife" marks, owned by the EasyGroup, and "easylive" marks. The Court disagreed.

Advertising 64

Advertising Advertising Registration Branding 64

The IPKat

MAY 26, 2024

GikII, an annual conference on law, technology and pop culture, has launched the call for papers for its 2024 edition. This year, the conference will be held on 4 and 5 September 2024 at University College London. The history of The Smiley is an example of the work by brand licensors to protect their heritage.

Advertising 60

Advertising Advertising Technology Editing 60

SpicyIP

NOVEMBER 18, 2024

Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements. Deepali Vashist and Praharsh write on this order, explaining how the Court left the question about the organizer unaddressed. Case Summaries M/S.

Trademark 63

Trademark Cease and Desist Music Copyright 63

43(B)log

MARCH 29, 2024

2024 WL 1282368, No. 25, 2024) Gerber Good Start Gentle formula isn’t like most other infant formulas, which are made with “intact” cow’s milk protein. 2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) Hasemann v. Gerber Prods. and] an allergy risk reduction benefit.”

False Advertising 104

False Advertising Advertising Advertising Reporting 104

The IPKat

NOVEMBER 10, 2024

Example jar of “Moccona Classic Medium Roast” On Thursday, the Federal Court of Australia handed down its judgment in Koninklijke Douwe Egberts BV v Cantarella Bros Pty Ltd [2024] FCA 1277. The trade mark is used to sell instant coffee under the MOCCONA brand name, notably jars of “Moccona Classic Medium Roast” (see example right).

Branding 64

Branding Brands Branding Advertising 64

TorrentFreak

NOVEMBER 18, 2024

Music industry groups had been trying to take Musi down for months, branding it a ‘parasitic’ app that skirts the rules. The app reportedly generated millions of dollars in advertising revenue per month in the past and there is no evidence that it is in financial trouble now, Apple argues.

Music 64

Music Contracts Advertising Advertising 64

SpicyIP

OCTOBER 23, 2024

Disparagement Debate in the DHC’s “Complan” Case Order By Manya Gupta On 26 th September 2024, the Delhi High Court granted an interim injunction to Zydus (“Plaintiff”) for protection of its trademark “Complan”, used in respect of a popular nutritional milk drink primarily targeted at kids. Assessing the Free Speech v.

Social Media 100

Social Media Advertising Advertising Trademark 100

IP Tech Blog

FEBRUARY 13, 2023

At the end of January, the CMA announced that it is investigating FMCG for the use of green claims in labelling, advertising and marketing material. In particular, the CMA is concerned with “ broad eco-statements “, misleading claims about the recyclability of a product and brands labelling themselves as “ sustainable.”

Business 57

Business Advertising Advertising Blogging 57

43(B)log

NOVEMBER 11, 2024

2024 WL 4679219, No. 4, 2024) Ketonatural is a start-up that sells grain-free pet food, treats, and supplements. We sometimes talk about them as ‘BEG’ diets.” • “DCM is caused by boutique brands, exotic proteins, or grain-free or a combination thereof.” The big problem was commercial advertising or promotion.

Journalism 52

Journalism Advertising Advertising False Advertising 52

BYU Copyright Blog

JUNE 3, 2024

Logo,Pictorial Works,Work for Hire,University June 03, 11:35 AM June 03, 11:35 AM On May 15, 2024, Sophia Boyages (Plaintiff or Ms. Boyages states that she was an employee of the Athletic Department at the University of Vermont when she was invited to be part of a new brand working group in January 2023. Copyright Copycat?

Copyright 52

Copyright Art Social Media Designs 52

TorrentFreak

OCTOBER 25, 2022

The IWL is shared among brands, advertising companies, agencies and affiliates, who are informed that responsible companies boycott pirate sites because it a) protects their image and b) starves pirate sites of much-needed cash. Total number of brands and total number of advert intermediaries.

Intellectual Property 125

Intellectual Property Advertising Advertising Contracts 125

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.

Reporting 127

Reporting Advertising Advertising Copying 127

SpicyIP

MAY 15, 2024

The same could be said about Google’s Ads program wherein it seems to have successfully charted through the trademark laws to smoothly bypass them in allowing firms to bid for their competitor’s trademark as a keyword for their advertisement. In March 2024, the Hon’ble Supreme Court in MakeMyTrip India Private Limited v.

Trademark 59

Trademark Advertising Advertising Blogging 59