JD Supra Law

AUGUST 16, 2024

On August 8, 2024, Judge Amit P. Department of Justice's (DOJ) case challenging Google's alleged dominance in online search markets. Mehta of the United States District Court for the District of Columbia issued his much anticipated and long-awaited opinion in the U.S. By: White & Case LLP

Marketing 66

Marketing Marketing Advertising Advertising 66

43(B)log

AUGUST 29, 2024

22-cv-540-jdp, 2024 WL 3936444 (W.D. 26, 2024) The parties compete in the hand-held gardening tool market. Still, conduct before Woodland entered the market was relevant to the claim. Fiskars advertises some of its products as having “up to 3x more cutting power.” Fiskars Finland OY AB v. Woodland Tools Inc.,

False Advertising 59

False Advertising Advertising Advertising Design 59

JD Supra Law

MAY 2, 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office. By: Katten Muchin Rosenman LLP

Editing 69

Editing Advertising Advertising Marketing 69

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 62

Advertising Advertising Patent Infringement Cease and Desist 62

Technology & Marketing Law Blog

OCTOBER 6, 2024

2024 WL 3914512 (C.D. July 31, 2024) The trademark owner Alsa sells chrome paint. The court says “Because Walmart does not pay search engines to return organic search results or index webpages, it does not “use” the marks in connection with the sale or advertisement of goods.” Alsa Refinish LLC v. Walmart Inc.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Technology & Marketing Law Blog

SEPTEMBER 16, 2024

“Reaud describes, at best, passive conduct on the part of Facebook by posting third-party advertisements, not conduct directed primarily at Reaud.” 2024 WL 4126066 (N.D. 9, 2024) The post Facebook Defeats Lawsuit Over Allegedly Pornographic Ads–Reaud v. Case Citation : Reaud v. Facebook Inc.

Advertising 98

Advertising Advertising Marketing Marketing 98

43(B)log

FEBRUARY 26, 2024

Arm or Ally, LLC, 2024 WL 756474, No. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Defendants contended that marketing unfinished frames and receivers as “legal” was protected by the First Amendment. It was not.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

SpicyIP

AUGUST 2, 2024

Alongside winning medals for India in the 2024 Olympics, shooter Manu Bhaker is also in the news for legal notices sent on her behalf against ‘unauthorized’ congratulatory posts by different companies. Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?

Branding 105

Branding Brands Branding Personality Rights 105

43(B)log

JANUARY 17, 2024

4th -, 2024 WL 164976, Nos. 16, 2024) Over a dissent in relevant part, the court revived plaintiff Ultra Bond’s Lanham Act claim relating to vehicle glass repair and replacement (VGRR). Safelite is the VGRR market leader: in 2016, it had 35.4% of the market; its closest competitor had just 3%. Campfield v. Safelite Gp.,

False Advertising 64

False Advertising Marketing Marketing Advertising 64

IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. It gives the respective companies a competitive edge in a saturated market. Trademarks can be very important for businesses entering new markets. Trademarks encompass a substantial portion of the deal’s value.

Branding 104

Branding Brands Branding Technology 104

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. Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

SpicyIP

AUGUST 8, 2024

This is what was seen in the recent case of M/s KG Marketing of India v. KG Marketing India, through its proprietor, Mr. Karan Kumar, against Rashi Santosh Soni and Santosh Soni (the defendants) to seek an injunction to prevent the use of the trademark “SURYA”. Rashi Santosh Soni & Anr.

Trademark 111

Trademark Marketing Marketing Advertising 111

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

OCTOBER 28, 2024

Int’l, 2024 WL 4553279, F.Supp.3d May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which I guess says something about a jury’s ability to distinguish claims. Kaijet Technol. 1:18-cv-05385-SDG (N.D. It was insufficient to provide: 1.

False Advertising 59

False Advertising Advertising Advertising Design 59

TorrentFreak

OCTOBER 4, 2024

Trade Representative ( USTR ) in response to the annual inquiry on notorious piracy markets. ” From MPA’s submission The notorious markets list is limited to non-U.S. The Notorious Piracy Markets MPA’s submission continues with a detailed overview of notorious pirate sites and services. im, cuevana[.]biz,

Reporting 128

Reporting Government Marketing Marketing 128

Technology & Marketing Law Blog

FEBRUARY 7, 2024

Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. 2024 WL 372218 (10th Cir. Letgo, Inc.

Advertising 111

Advertising Advertising Design Designs 111

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. Plaintiff was required to plead false advertising with specificity, then prove it.” This is a false advertising case, not a counterfeiting case. KHN Solutions LLC v.

False Advertising 59

False Advertising Marketing Marketing Advertising 59

Technology & Marketing Law Blog

JUNE 20, 2024

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. If you plan to depict people in advertising, you need both copyright and publicity rights permissions. 1 Hotel West Hollywood LLC , 2024 WL 3015504 (C.D.

Social Media 105

Social Media Copyright Licensing Advertising 105

43(B)log

FEBRUARY 16, 2024

SmileDirectClub, LLC, 2024 WL 559235, No. 12, 2024) The court denied certification to a proposed class of dentists/orthodontists over SDC’s allegedly false advertising for its plastic aligners/teledentistry services, based on difficulties identifying harm/causation. 3:19-cv-00845 (M.D. Thus, causation/harm would predominate.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

TorrentFreak

DECEMBER 15, 2024

As MPA member Sony attracts attention for its continued expansion into both the manga and anime markets, including its recent interest in the acquisition of publishing giant Kadokawa, synergies between the companies will likely be in focus as the weeks unfold. Other domain redirects observed since April 2024 animefan.cc received 6.43

Cease and Desist 79

Cease and Desist Reporting Advertising Advertising 79

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

43(B)log

JULY 8, 2024

3d -, 2024 WL 402925, No. 2, 2024) Noriega alleged that Abbott’s PediaSure falsely advertised that it was “[c]linically proven to help kids grow.” Abbott Laboratories, F.Supp.3d 4014 (PAE) (S.D.N.Y. The complaint made methodological critiques of Abbott’s favored studies, which weren’t implausible.

False Advertising 49

False Advertising Advertising Advertising Publishing 49

43(B)log

FEBRUARY 21, 2024

2024 WL 665181, No. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.” World Champ Tech LLC v. Peloton Interactive, Inc., 21-cv-03202-LB (N.D.

Marketing 59

Marketing Marketing Trademark Registration 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.

Reporting 139

Reporting Advertising Advertising Copying 139

Technology & Marketing Law Blog

OCTOBER 1, 2024

They allege that their health care providers use Google source code to analyze traffic on their web properties, that their personal health information is transmitted to Google as part of this process, and that Google feeds this information into its own advertising machinery The court summarizes why these concerns are a no-go, despite (or because of?)

Advertising 105

Advertising Advertising Blogging Law 105

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. Sunfrog LLC , 2024 WL 940238 (E.D.

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

Technology & Marketing Law Blog

MAY 31, 2024

He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more. 2024 WL 2745115 (Cal. May 29, 2024) The post Section 230 Applies to Publication of Court Documents–Medina v. Microsoft appeared first on Technology & Marketing Law Blog. Microsoft Corp.

False Advertising 105

False Advertising Publishing Advertising Advertising 105

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels.com, LLC , 2024 WL 885356 (W.D. Case Citation : Canvasfish.com, LLC v.

Artwork 119

Artwork Trademark Publishing Marketing 119

TorrentFreak

NOVEMBER 8, 2024

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.

Advertising 105

Advertising Advertising Intellectual Property Social Media 105

The TTABlog

AUGUST 6, 2024

August 1, 2024). Shepherd’s contention, the Board did not err in crediting evidence from international websites, given its finding that they were in English and were directed to the United States market. Shepherd had little probative value because the affiants were not necessarily representative of the market. Welch 2024.

Advertising 72

Advertising Advertising Public Use Marketing 72

TorrentFreak

DECEMBER 5, 2024

Searches were executed on September 6 and October 29, 2024, at residential addresses in three locations; Taiping District in Taichung City, Anping District in Tainan City, and Zhubei City in Hsinchu County. “After installation, users could switch the software to pirated video mode by entering specific keywords or commands.

Intellectual Property 110

Intellectual Property Publishing Reporting Copyright 110

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 IWL domains that have advertising on them. Total IWL domains that have advertising on them.

Intellectual Property 136

Intellectual Property Advertising Advertising Contracts 136

Technology & Marketing Law Blog

FEBRUARY 18, 2024

.” The court explains: as in Twitter, the Alibaba Defendants’ acts — such as promotional emails advertising Merchant Defendants’ products — are primarily if not wholly algorithmically-generated. 19885566 Store, 2024 WL 532290 (S.D.N.Y. 9, 2024) Prior Blog Posts on the SAD Scheme N.D. You know what we need to do.

Blogging 111

Blogging Advertising Advertising Trademark 111

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

” Market Effect This factor weighed in favor of the defense. Defense expert James Malackowski also provided unrebutted testimony that a market for licensing tattoos in videogames does not exist and was unlikely to be developed.” Take Two appeared first on Technology & Marketing Law Blog. 3:18-cv-00966-SMY (S.D.

Copyright 116

Copyright Fair Use Licensing Blogging 116

43(B)log

OCTOBER 17, 2024

2024 WL 4336432, No. 27, 2024) Plaintiffs alleged that Amazon promoted, sold, and delivered dietary supplements that lacked mandatory FDA disclaimers in violation of California law. Amazon.com Servs., 2:23-cv-01975-JHC (W.D.

Marketing 59

Marketing Marketing Law Business 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. It also marketed certain products as epoxies despite their not fitting the chemical definition of an epoxy.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

JANUARY 8, 2024

3d -, 2024 WL 64747, No. 5, 2024) Vizcarra alleged that Michaels deceptively advertises its products as discounted when in fact they are always available for at least 20% less than the purported “regular” price. Michaels argued that it “advertises current—not former—prices,” so it wasn’t covered by the former price rule.

Advertising 59

Advertising Advertising Marketing Marketing 59