The TTABlog

APRIL 22, 2024

91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S. The Hostess Brands’ gross profit for 2022 was $465,679,000, and the advertising and marketing expenditures for Hostess Brands was $21.3 The witnesses provided no specific sales or advertising information for the SUZY Q’s brand alone. Welch 2024.

Branding 43

Branding Brands Branding Social Media 43

43(B)log

MARCH 14, 2024

3d -, 2024 WL 1025265, No. 1, 2024) With the ordinary multifactor confusion test, courts position themselves as looking for empirics (even though the thrust of several of the factors is normative). Earth, Wind & Fire IP, LLC v. Substantial Music Group LLC, F.Supp.3d 23-20884-CIV-MORENO (S.D. It just wasn’t enough.

Advertising 69

Advertising Advertising Music Fair Use 69

BYU Copyright Blog

APRIL 1, 2024

Private School Too Public With Photographs Joshua Potter April 01, 11:19 AM April 01, 11:22 AM In March 2024, professional photographer Mando Morlos ("Morlos") filed a Complaint alleging that St. Morlos also provided large complimentary promotional posters for the school to advertise with. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

43(B)log

JUNE 27, 2024

21 st Century Spirits, LLC, 2024 WL 3161625, No. 25, 2024) 21 st Century sells Blue Ice Vodka and uses influencers to promote it. is not an endorsement or advertisement within the meaning of Section 255.5 [of Anyway, the FTC considers “testimonials” interchangeable with endorsements, meaning “any advertising message.

Advertising 64

Advertising Advertising Social Media Law 64

TorrentFreak

JULY 9, 2024

A second and increasingly popular option is to buy a device with an embedded subscription, either from a friend, a friend-of-a-friend, or from those prepared to sell them via websites or openly on social media. At $350 per unit, pricing is certainly steep when compared to other similarly-powered devices available on the market.

Television 88

Television Social Media Advertising Advertising 88

Technology & Marketing Law Blog

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. Google LLC , 2024 WL 2809371 (Cal. Case citation : Freethinker v.

Contracts 77

Contracts Designs Design False Advertising 77

43(B)log

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. Pabst Brewing Co., 2:18-cv-00568 DJC CKD (E.D.

Social Media 59

Social Media Marketing Marketing Designs 59

Technology & Marketing Law Blog

MAY 13, 2024

— Bright Data has long sold the data of all the major social media companies. May 9, 2024). Center for Countering Digital Hate, 2024 WL 1246318, at 1 (N.D. March 25, 2024). Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. There was no evidence as to how products are developed or marketed in the dice box field, or what features are desirable, or why Three Frog's design is superior. It has advertised at gaming conventions and via social media, Google Ads, and social influencers.

Designs 56

Designs Design Social Media Registration 56

43(B)log

MARCH 25, 2024

2024 WL 1208111, F.4th 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” R J Reynolds Tobacco Co.

Advertising 64

Advertising Advertising Social Media Government 64

43(B)log

JULY 15, 2024

StockX LLC, 2024 WL 3361411, No. As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” Nike’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions. Nike, Inc. 22-CV-0983 (VEC) (S.D.N.Y.

False Advertising 69

False Advertising Branding Brands Branding 69

TorrentFreak

MARCH 4, 2024

By making textbooks available to students for free, rightsholders are losing revenue, which leads to lower payments for authors and devalues the market as a whole, the publishers complain. $30 30 Million in Damages With a default judgment, the textbook publishers hope to obtain an injunction that will limit LibGen’s ability to operate.

Publishing 93

Publishing Social Media Copyright Infringement Copyright 93

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 87

Litigation Contracts Advertising Advertising 87

43(B)log

JANUARY 5, 2024

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. And they targeted school districts in their marketing. Defendants market only their K12 brand nationally.

Branding 59

Branding Brands Branding Marketing 59

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’. Brat green: from the streets of NYC to the domination of social media and then to the catwalks (?) You don’t even know what ‘brat’ means? Read on then!

Social Media 67

Social Media IP Branding Brands 67

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 Branding 59

SpicyIP

NOVEMBER 26, 2023

Considering section 124, the court clarified that in such a case where rectification and an infringement suit are filed against the impugned mark, the rectification petition has to be decided first, before proceeding with the trial of the suit and listed the rectification for hearing on January 9, 2024.

Trademark 59

Trademark Registration Invention Social Media 59

Technology & Marketing Law Blog

JULY 25, 2024

98, 107 (2017) for the passage that social media has become the “modern public square.” — Justice Alito writes that “research suggests that social media are having a devastating effect on many young people, leading to depression, isolation, bullying, and intense pressure to endorse the trend or cause of the day.” .

Social Media 52

Social Media Blogging Advertising Advertising 52

Kluwer Copyright Blog

JULY 24, 2024

While study of social media and online platform private ordering is a very well-established way to find out how providers deal with copyright, data protection and consumer protection, studies of generative AI T&C have been slower to get going. As of February 2024, EU online platforms (not just very large ones or “VLOPs”!)

Copyright 128

Copyright Ownership Social Media Licensing 128

SpicyIP

JULY 22, 2024

Case Summaries Hasmukhrai And Co vs Registrar of Trade Marks on 24 June, 2024 (Bombay High Court) The appellant filed an appeal against the impugned order, alleging the same to be cryptic. This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Nexus Solar Energy Pvt.

Registering Trademarks 76

Registering Trademarks Licensing Trademark Advertising 76

Garrigues Blog

JULY 15, 2024

It is no longer confined to museum walls or catalog pages, we have become used to seeing classic canvases in advertising campaigns, on t-shirts and merchandising products, or parodied in memes on social media. Art is present in every facet of our lives.

Public Domain 52

Public Domain Art Advertising Advertising 52

LexBlog IP

JANUARY 25, 2023

Providers are matched with different and cumulative sets of obligations, commensurate with their role and significance within the digital services market. The DSA applies in the EU, and to those providers outside the EU that offer their services in the EU.

Social Media 52

Social Media Advertising Advertising Settlement 52

SpicyIP

NOVEMBER 19, 2023

VIII, Issue I [Submit by January 7, 2024] NLU Jodhpur’s Journal of Intellectual Property Studies is inviting original, unpublished manuscripts for publication for its upcoming issue. The last date for submissions is January 7, 2024. Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. Users are expressing their annoyance at the frauds that have already taken over the NFT market. Trademark dangers abound in this outlaw setting.

Trademark 86

Trademark Non-Fungible Tokens Branding Brands 86

SpicyIP

JUNE 13, 2024

Mountain Valley Springs, the plaintiff, has been marketing its products under the trademark (TM) “Forest Essentials” since 2000, claiming extensive reputation and goodwill, especially for their Ayurvedic products, including a baby care segment launched in 2006. Case Overview: What were The Parties even Fighting for? Ultimately, J.

Branding 56

Branding Brands Branding Marketing 56

SpicyIP

DECEMBER 30, 2023

However, in case such a use does amount to an infringement, the Court clarified that Google, the concerned platform here, will be held accountable and will not be able to claim protection as an intermediary under Section 79 of the IT Act since it effectively sells these marks to the advertisers. Meticulous Market Research Pvt.

IP 112

IP Copyright Trademark Intellectual Property 112