Michael Geist

SEPTEMBER 20, 2023

The government responded to the blocked news links by stopping to advertise on Facebook and Instagram and encouraging others to do the same. The government envisions Google and Meta paying at least 4% of search or social media revenues in Canada for a minimum of $234 million. The Canadian approach has not taken off elsewhere.

Social Media 136

Social Media Government Journalism Advertising 136

The TTABlog

JUNE 5, 2024

91286066 (May 21, 2024) [not precedential] (Opinion by Judge Jennifer L. Nike's evidence established ues of the JUST DO IT mark since 2018, with staggering sales figures and advertising expenditures, substantial interactions on social media, and frequent unsolicited media attention. Welch 2024.

Social Media 73

Social Media Advertising Advertising Blogging 73

43(B)log

MARCH 28, 2024

2024 WL 1285631, C.A. 26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Princeton Excess & Surplus Lines Ins. Cranston Entertainment Inc.; 21-63-JJM-PAS (D.R.I.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

JULY 25, 2024

Venkateswaran, 2024 WL 3487735, No. Portkey sued for unfair competition/reverse passing off, false advertising, and trademark infringement under the Lanham Act, as well as related state-law claims. Portkey Tech. 23-CV-5074 (JPO) (S.D.N.Y. This is a joke, but that doesn’t mean it won’t happen.)

Trademark Law 59

Trademark Law Trademark False Advertising Law 59

Michael Geist

DECEMBER 17, 2021

Just two months ago, the OECD reached an agreement on addressing the longstanding concern regarding multinational companies, particularly tech companies, paying their fair share of taxes on revenues earned from online advertising, online marketplaces, and user data.

Social Media 136

Social Media Advertising Advertising Government 136

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

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 presenting the art design to the working group, the University started using the logo in its products and advertised it as one of its brands. Copyright Copycat? According to Ms.

Copyright 52

Copyright Art Social Media Designs 52

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

LexBlog IP

FEBRUARY 7, 2024

It includes many rules, several of them directed at the language of business in Quebec, and some regarding the use of French on both product packaging and signage/advertising. Presently, all product labelling and commercial signs appearing in Quebec must be in French – but the Charter provides certain exceptions for trademarks.

Registering Trademarks 52

Registering Trademarks Advertising Advertising Social Media 52

The TTABlog

APRIL 24, 2024

88437933 (April 19, 2024) [not precedential] (Opinion by Judge Thomas L. The evidence submitted by Examining Attorney Robert Guliano "overwhelmingly" showed that Fumari and the media refer "descriptively to SPICED CHAI as one of Applicant’s tobacco flavors." Welch 2024. In re Fumari, Inc. Casagrande). TTABlogger comment: WYHA?

Social Media 60

Social Media Advertising Advertising Registration 60

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

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.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

43(B)log

FEBRUARY 26, 2024

2024 WL 751006, No. 23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. of Southern Cal., CV 23-3389-GW-MARx (C.D.

Advertising 59

Advertising Advertising False Advertising Marketing 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

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. Please activate the Tanggula box before running TangTV first time.

Television 88

Television Social Media Advertising Advertising 88

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. It has advertised at gaming conventions and via social media, Google Ads, and social influencers. Three Frog has policed the mark and has received unsolicited media coverage. Welch 2024. Taylor Jr. Text Copyright John L.

Designs 56

Designs Design Social Media Registration 56

Michael Geist

DECEMBER 16, 2021

technology companies that generate significant revenues in Canada from online advertising and user data. The Digital Services Tax Act will take effect in 2024 should the international agreement fail to materialize by that date. The policy has been adopted in several other countries, repeatedly sparking a response from the U.S.

Social Media 87

Social Media Advertising Advertising Government 87

Technology & Marketing Law Blog

JUNE 4, 2024

I’m ignoring the complicating effects of various social media censorship laws that may require Internet services to enforce their TOSes as written, a requirement I think is unconstitutional). Google LLC , 2024 WL 2809371 (Cal. It was an easy dismissal in Noah, and it remains an easy dismissal now. (I’m

Contracts 77

Contracts Designs Design False Advertising 77

LexBlog IP

MARCH 15, 2024

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. Text of Solid 21 v Breitling, 22-366 (2d Cir March 14, 2024). From the decision: “Left untouched, pure gold is yellow.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

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

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

TorrentFreak

MARCH 4, 2024

“Cloudflare did not disable the gateway URLs in Plaintiffs’ notice, prompting Plaintiffs to send additional notices in September 2023 and January 2024, on which Cloudflare still has not acted, resulting in Libgen users’ continued ability to access the infringing URLs,” the publishers write.

Publishing 93

Publishing Social Media Copyright Infringement Copyright 93

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, Inc. 22-CV-0983 (VEC) (S.D.N.Y. This opinion deals with various Daubert motions, allowing at least some of the testimony of eight challenged experts in.

False Advertising 69

False Advertising Branding Brands Branding 69

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Why Mickey Mouse is still protected The copyright on Steamboat Willie is set to expire in January 2024. So, why aren’t Disney concerned? Steamboat Willie, released in 1928, was the first story to feature beloved Disney character Mickey Mouse.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

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. Florida Virtual School v. statements as evidence of confusion.

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

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

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 78

Registering Trademarks Licensing Trademark Advertising 78

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! Drop a comment below to let us know. On the occasion of Prof.

Trademark 45

Trademark Advertising Advertising Copyright 45

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

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

Member States will have to designate competent authorities – Digital Services Coordinators – by 17th February 2024, an independent authority who will be responsible for supervising the providers based in their Member State and to participate in the EU cooperation mechanism of the DSA.

Social Media 52

Social Media Advertising Advertising Settlement 52

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. WCT hasn’t done much marketing, and the fact that both parties advertise online, including in the App Store and search engines, was “unremarkable under the precedent.” World Champ Tech LLC v.

Marketing 59

Marketing Marketing Trademark Branding 59

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

SpicyIP

JUNE 13, 2024

The notion that consumers will always cross-check brands before purchasing a product is an idealistic view that does not account for impulse buying behaviour and the influence of first impressions in a market governed by reduced attention spans and misleading advertising.

Branding 56

Branding Brands Branding Marketing 56