Technology & Marketing Law Blog

JULY 23, 2024

Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Price: $12 * Kindle.

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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.

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JD Supra Law

NOVEMBER 4, 2024

The dispute involved Warby Parker's use of keyword advertising tied to 1-800's trademarks, which causes internet search results for 1-800 to display paid advertisements for Warby Parker's website at or near the top of the results page. 1-800) against JAND, Inc., which does business as Warby Parker. By: Katten Muchin Rosenman LLP

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IP and Legal Filings

JANUARY 3, 2023

Forbidding the employment of foreign models and voice actors in advertisements starting of October 1, 2022, was one of ARCON’s first actions. Without utilising APCON in this case, MIC was able to secure the placement of an advertising in the Punch Newspaper on May 29, 2014. Introduction.

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Above the Fold

JANUARY 28, 2024

certainly had a disparate week in the world of advertising, with the high of sponsoring the AFC and NFC championship games and the low of an order finding that it had engaged in deceptive advertising. Intuit, Inc.

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JD Supra Law

JULY 22, 2024

Now is a good time for brand owners who are planning promotional activities related to the Olympic games, or have endorsement agreements with Olympic athletes, to review the rules and make sure they are in compliance with advertising “dos and don’ts.” Both the International Olympic Committee (“IOC”) and the U.S. By: Knobbe Martens

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TorrentFreak

SEPTEMBER 20, 2023

Reforming media legislation is just part of Ukraine’s path to EU membership and during the summer, President Volodymyr Zelenskyy signed new legislation to update Ukraine’s advertising environment to standards required by the EU. Law of Ukraine No. From: TF , for the latest news on copyright battles, piracy and more.

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LexBlog IP

JANUARY 28, 2024

certainly had a disparate week in the world of advertising, with the high of sponsoring the AFC and NFC championship games and the low of an order finding that it had engaged in deceptive advertising. Intuit, Inc.

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TorrentFreak

DECEMBER 7, 2022

As it turns out, scammers have started to abuse the European Commission’s official website to advertise dubious ‘pirate’ sites. These advertisements come in the form of PDFs which are uploaded through public EU portals. How many people fall for these dubious advertisements is unknown.

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The IPKat

APRIL 18, 2023

Google offers an advertising service called Dynamic Search Ads. However, instead of using a text from the advertiser, Google’s proprietary algorithm automatically generates the text, including the headline and landing page, from the advertiser’s website content. The Court applied by analogy the case law on keyword advertising.

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43(B)log

OCTOBER 28, 2024

It didn’t get a chance to decide the false advertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which false advertising claims are subjected before reaching a jury; personally, I likely would have gone the other way. It was insufficient to provide: 1.

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43(B)log

AUGUST 29, 2024

Most of the claims failed on summary judgment, but part of Woodland’s claim against Fiskars for false advertising, based on Fiskars’s statements about the cutting power of its tools, and some of its statements that certain products were designed in the United States, did create factual issues for trial. But Lexmark didn’t preclude this claim.

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SpicyIP

SEPTEMBER 3, 2024

With this Louis Vuitton seems to have struck a jackpot as it managed to restrain Haute24 from selling its products in a copyright dispute over its advertisement material. Due Protection to Advertisement Material The Court has rightly acknowledged the artistic merit of commissioned photos for promotional purposes. www.haute24.com

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43(B)log

JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Price: $12 * Kindle. Price: $30 + shipping and tax.

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IP Tech Blog

MARCH 20, 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?

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Olartemoure Blog

DECEMBER 14, 2023

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). 

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Olartemoure Blog

SEPTEMBER 1, 2023

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). This guide provides guidelines for influencers and content creators in Mexico to follow the advertising regulations established by the Federal Consumer Protection Law.

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IP Law 360

OCTOBER 16, 2023

attorney from Kelley Drye & Warren LLP as a partner and new head of its advertising practice, according to an announcement Monday. Finnegan Henderson Farabow Garrett & Dunner LLP has added a Washington, D.C.,

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IP Watchdog

APRIL 13, 2022

In responding to the unprecedented COVID-19 challenges, companies around the world are rushing to capitalize on the current crisis by advertising the effectiveness of their products in containing the virus spread. As fear and anxiety proliferate during this pandemic, fraudulent or false advertisements also surge and explode.

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The IP Law Blog

JANUARY 19, 2024

The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing.

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JD Supra Law

OCTOBER 17, 2024

On October 3, 2024, the Federal Circuit held that a false advertising cause of action arises where a party falsely claims that it holds a patent on a product feature and advertises the feature in a manner that causes consumers to be misled about the nature, characteristics, or qualities of the product. Crocs, Inc. Effervescent, Inc.

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JD Supra Law

NOVEMBER 21, 2023

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).

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43(B)log

OCTOBER 9, 2023

Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” False advertising, Lei defendants: The complaint didn’t explain how “designed in the United States but … manufactured in China” was materially deceptive and thus didn’t meet FRCP 9(b) pleading standards.

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Olartemoure Blog

NOVEMBER 3, 2023

ii) advertising investment ceilings were established for the operators. iii) operators must submit to COLJUEGOS each year an advertising investment plan that cannot exceed the defined ceilings. iv) advertising of games or practices not authorized by COLJUEGOS is prohibited. On 20 October 2023, COLJUEGOS issued Resolution No.

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Olartemoure Blog

JULY 21, 2023

The Colombian authority in charge of protecting consumers has begun investigating companies associated with four well-known influencers due to alleged practices of disseminating incomplete information and misleading advertising. Both the influencer and the advertiser should refrain from concealing the advertising nature of the message.

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Technology & Marketing Law Blog

DECEMBER 19, 2021

You can see Seeking Arrangements’ ad (highlighted) showing above Luxy’s own ad and mixed in with ads for unrelated products: The court says: Plaintiffs’ advertisement does not contain the word “Luxy” or appear to cause any more confusion than the other three advertisements. More Posts About Keyword Advertising.

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SpicyIP

JULY 13, 2021

We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Serious Comparative Advertising: Broadening the Definition. It allowed the advertisement but asked the company to remove the reference to the detergent soap. Sangita Sharma.

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43(B)log

SEPTEMBER 6, 2023

The Ninth Circuit has held: “[i]n some cases, the threat of future harm may be the consumer’s plausible allegations that she will be unable to rely on the product’s advertising or labeling in the future, and so will not purchase the product although she would like to.”

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Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Chapter 2: What is an Advertisement?

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43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived. 3d 1137 (9th Cir.

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43(B)log

MARCH 7, 2024

Shkipin’s amended false advertising counterclaim fails again. To establish that HomeLight proximately caused HomeOpenly to suffer a loss of sales, Mr. Shkipin would need to show how deceptive statements about HomeLight directed at shoppers on HomeLight’s own website necessarily caused advertisers not to buy ads from HomeOpenly.

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IPilogue

MARCH 22, 2023

According to the complaint, BetterHelp used and revealed consumers’ email addresses, IP addresses, and health questionnaire information to Facebook, Snapchat, Criteo, and Pinterest for advertising purposes”, including “identify[ing] similar consumers and target[ing] them with advertisements for BetterHelp’s counseling service.”

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43(B)log

OCTOBER 5, 2021

28, 2021) Mostly this case is about other things, but the court finds a duty to defend in the underlying false advertising case. Luxottica was sued in a class action alleging that its AccuFit system for prescription eyeglasses was falsely advertised as more accurate.

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TorrentFreak

JULY 9, 2022

These VPN providers emphasize in advertisements that they delete their end users’ log access records so their identities will never be disclosed to copyright owners or law enforcement. . “[S]ome unscrupulous VPN providers have taken advantage of this widely known risk by promoting their VPN services as essential tools for piracy.

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Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. 2022 WL 4596646 (C.D.

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43(B)log

MAY 13, 2024

Here, the city successfully wins remand (and a fee award) in this opinion rejecting removal of its false advertising suit against Exxon, other fossil fuel companies, and their top trade association for violations of New York City’s Consumer Protection Law. Following a similar case, Connecticut v.

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Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. As the court says later, “it seems unlikely that an Internet user who reads defendant’s advertisements would believe that they belong to or are endorsed by plaintiffs.”

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