IP and Legal Filings

MAY 17, 2023

Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between this and comparative advertising. To prevent legal disputes, caution must be exercised to differentiate between the two.

Advertising 101

Advertising Advertising Marketing Marketing 101

Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions. ” Dawgs brief.

False Advertising 115

False Advertising Advertising Advertising Patent 115

TorrentFreak

DECEMBER 5, 2024

The suspects used a well-known website operated by an individual to publish articles and provide download links, generating advertising revenue through click-through rates.” The articles on those sites were reportedly viewed 553,551 times.

Intellectual Property 109

Intellectual Property Publishing Reporting Copyright 109

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.

False Advertising 116

False Advertising Advertising Advertising Marketing 116

TorrentFreak

OCTOBER 31, 2024

.’ It’s alleged that without obtaining permission from rightsholders, the men – who appear to work for the same company – ‘extracted’ the text and other distinuishing features from the movies, added relevant images, then displayed the resulting articles on a website.

Fair Use 133

Fair Use Social Media Copyright Copyright Infringement 133

The IPKat

NOVEMBER 26, 2024

In 2016, the EUIPO Examination Division issued a total provisional refusal, citing descriptiveness and a lack of distinctive character under Articles 7(1)(b) and (c), in conjunction with Article 7(2), of the EU Trade Mark Regulation (EUTMR).

Registration 118

Registration Advertising Advertising Television 118

Erik K Pelton

JANUARY 7, 2025

Class 3: cosmetics and cleaning preparations Class 5: pharmaceutical products Class 9: electrical and scientific apparatus (includes both software (downloadable or physical software on a disc or drive) and hardware) Class 12: vehicles Class 14: jewelry Class 15: musical instruments Class 16: paper goods and printed matter (includes anything that’s (..)

Social Media 130

Social Media Editing Music Advertising 130

The IPKat

MARCH 24, 2025

However, neither the EUIPO Examiner, nor the BoA , nor the EU General Court allowed the registration of the sign below as an EU trade mark due to lack of inherent distinctiveness under Article 7(1)(b) EUTMR. It is also no news that invoking Article 7(3) EUTMR successfully is highly difficult. Background Amazonen-Werke H.

Marketing 78

Marketing Marketing Registration Branding 78

Plagiarism Today

OCTOBER 26, 2021

Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected. However, there are two key exceptions to this. The second limitation is masks.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

43(B)log

NOVEMBER 23, 2022

Lynd advertised the Product as effective against the coronavirus. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums. the Lanham Act false advertising claim survived. And proximate cause?

False Advertising 99

False Advertising Advertising Advertising Business 99

The IPKat

FEBRUARY 28, 2025

Earlier this month, the Fifth Board of Appeal (BoA) of the EUIPO refused the registration of CHOPIN for several goods in Classes 29, 30, and 32 of the Nice Classification due to the risk of free-riding on the reputation of the earlier trade mark CHOPIN under Article 8(5) EU Trade Mark Regulation (EUTMR).

Registration 59

Registration Advertising Advertising Social Media 59

Plagiarism Today

SEPTEMBER 21, 2022

However, in November that same year, the article became the subject of controversy as two researchers, Saviour Formosa and Janice Formosa Pace, both from the same university as Azzopardi, claimed that parts of the article were plagiarized from their earlier work. . This includes allegations of plagiarism and data manipulation.

Plagiarism 312

Plagiarism Journalism Editing Advertising 312

JD Supra Law

NOVEMBER 20, 2024

In the last couple of years, generative artificial intelligence (AI) has emerged as a transformative tool for the advertising industry, promising unprecedented efficiency and cost savings and innovative ways of creating content. This article considers some. By: Hogan Lovells

Advertising 75

Advertising Advertising Intellectual Property Business 75

TorrentFreak

SEPTEMBER 19, 2022

The Digital Citizens Alliance ( DCA ) shared some new research that it carried out in partnership with piracy advertising expert White Bullet and cybersecurity outfit Unit 221B. How common this problem is depends on who you ask and even the estimates from various research outfits vary quite a bit. New Pirate Site Malware Research.

Advertising 104

Advertising Advertising Free Content Reporting 104

The IPKat

DECEMBER 22, 2022

In particular, this may be the case where an online marketplace displays its own logo on the advertisements of third-party sellers and it carries out the storage and shipping of the third party goods in question. For example, how is the operator displaying its advertisements (e.g., The answer? storing and shipping their products)?

Advertising 143

Advertising Advertising Marketing Marketing 143

The IPKat

SEPTEMBER 23, 2023

In a recent judgment , the District Court of the Hague (the Court) found that Fruugo, an online marketplace, was not directly liable under trade mark law for the advertisement and sale, on its platform, of products which infringed the trade marks of Audi and Volswagen.

Advertising 134

Advertising Advertising IP Law 134

Plagiarism Today

SEPTEMBER 14, 2022

Instead, the journal is leaving intact a February editor’s note that says, “Readers are alerted that concerns have been raised with respect to the reliability of the data presented in this article.”. He found that many commercially-available products were not being sold as advertised and included fillers and even toxic substances mixed in.

Journalism 246

Journalism Plagiarism Publishing Public Domain 246

TorrentFreak

DECEMBER 20, 2024

Mentioning these domains in public could therefore serve as an unwanted advertisement. Instead, the cancellations were made under Articles 16 and 18 of SIDN’s terms and conditions, which cover inaccurate WHOIS information EURid spokesperson Reelika Kirna confirmed that inaccurate registrant data also triggered their response. .

Reporting 107

Reporting Registration Copyright Related Rights 107

Plagiarism Today

MAY 23, 2022

The ad, which was produced by the London-based advertising agency M&C Saatchi, featured prominent Hong Kong actor and musician Andy Lau Tak-wah as he delivered a monologue about Xiaoman, the eighth solar term and second solar term of summer on the traditional Chinese calendar.

Plagiarism 298

Plagiarism Copying Social Media Technology 298

The IPKat

JANUARY 5, 2023

over a TV and radio advertisement which the latter had commissioned on behalf of bottled water brand Brio Blu. Said advertisement featured actor Max Tortora dressed up as popular character Zorro. Hence, a new assessment will need to be conducted to determine if the advertisement at issue would satisfy the conditions above.

Copyright 138

Copyright Law Advertising Advertising 138

The IPKat

APRIL 8, 2022

I have now written a longer article on these referrals, which will be published later this year by European Intellectual Property Review and can be in the meantime read on SSRN here. Their ultimate objective is to realize the full value underlying the economic operation that consists of offering goods for sale and placing them on the market.

Law 138

Law Advertising Advertising Marketing 138

TorrentFreak

MARCH 24, 2025

Amendments to Article L. With amendments to Article 10, the bill introduces specific offenses based on the offense of copyright infringement and related rights provided for by the Intellectual Property Code. 333-10 of the French Sports Code aim to address rising piracy rates through enhanced blocking capabilities.

Advertising 62

Advertising Advertising Marketing Marketing 62

TorrentFreak

OCTOBER 22, 2024

This includes social media platforms, where pirate streams are often openly advertised. Pirates Ideally, online services should be required by law to remove infringing content “instantaneously or near-instantaneously”, the sports companies argued. ” The sports leagues stressed that widespread piracy hurts their revenues. .

Social Media 109

Social Media Advertising Advertising Government 109

The IPKat

JANUARY 19, 2023

Later that year, the Office raised an objection in accordance with Article 7(1)(b) – (c) and 7(2) of Regulation 2017/1001 (EUTMR). The above perception by the consumer would be all the more proven given that the use of the image of famous movie character for exclusively advertising purposes is relatively common in many sectors.

Advertising 141

Advertising Advertising Registration Business 141

Technology & Marketing Law Blog

FEBRUARY 17, 2025

Washington’s Fair Campaign Practices Act “requires Meta to maintain certain records of the political advertisements it hosts on its platforms and, when requested, to permit inspection of, or to disclose, such records to those seeking such information.” The state can extract this information from political advertisers.

Law 52

Law Advertising Advertising Publishing 52

BYU Copyright Blog

NOVEMBER 4, 2024

While the screenshot does not capture the full webpage, it appears the image accompanies an article about Ayanna Howard, the person depicted in Greccos photograph. Grecco's Complaint explicitly asserts that USC used his photograph for purposes of advertising and promoting sales to the public in the course and scope of USC's business (4).

Advertising 52

Advertising Advertising Copying Copyright 52

Intepat

NOVEMBER 4, 2024

This article delves into these aspects in detail, exploring the nuanced intersections of data privacy and intellectual property within AI. Ramkumar Jewellers , a jewelry advertisement featured a billboard with images of Amitabh and Jaya Bachchan, prompting legal scrutiny. For example, in Titan Industries Ltd.

Intellectual Property 52

Intellectual Property Privacy Intellectual Property Law Personality Rights 52

TorrentFreak

JULY 16, 2024

Trio on Trial The men faced trial at the People’s Court of Quang Binh province starting July 11, with local media confirming charges of “Infringement of copyright and related rights” under Article 225 of the Penal Code. The men were also responsible for increasing user engagement to attract advertising revenue.

Advertising 145

Advertising Advertising Reporting Editing 145

Patently-O

JUNE 22, 2022

Although the design must be ornamental, it is simultaneously a “design for an article of manufacture.” Certainly, a design falls on the unduly functional side if its patent excludes all possible forms of the article of manufacture in question. Functionality : Design patents focus on ornamentality rather than utility.

Design Patent 141

Design Patent Design Designs Patent 141

IPilogue

MARCH 13, 2023

This article was written as a requirement for Prof. One of the most effective ways to influence consumer behaviour online is through targeted advertising. Value for Advertisers Access to personal information has become necessary for advertisers to convert potential leads into customers.

Social Media 105

Social Media Advertising Advertising Privacy 105

TorrentFreak

FEBRUARY 18, 2022

However, in recent years we have also seen hosting companies, advertisers, and e-commerce platforms being added. The latter focuses on academic articles while the former also offers a broader selection of books, comics, audiobooks, and magazines. Hosting, Advertising, and Shopping. IPTV Services.

Marketing 145

Marketing Marketing Advertising Advertising 145

Technology & Marketing Law Blog

DECEMBER 14, 2022

When that article was tweeted, it displayed a thumbnail image showing side-by-side the 50 Cent photo and a photo showing a penile enhancement procedure with the goodies hidden by an eggplant emoji. Kogan also created and posted a video discussing (and showing) the article, including more innuendo that 50 Cent got the procedure.

Social Media 130

Social Media False Advertising Advertising Advertising 130

Kluwer Copyright Blog

APRIL 29, 2024

Introducing Article 14 of the Copyright in Digital Single Market Directive (CDSMD) , the EU legislator made it mandatory across the 27 Member States to ensure that faithful reproductions of visual artworks belonging to the public domain remain free to circulate and be used across the Union.

Public Domain 132

Public Domain Artwork Copyright Marketing 132

Kluwer Copyright Blog

MARCH 4, 2025

For instance, Googles 2024 release of its Gemma 2 model is advertised as an open model , yet, it comes with an expansive Prohibited Use Policy which disallows use for several applications (e.g. Regardless of their aims, RAIL terms are arguably at odds with currently accepted definitions of open source.

Licensing 89

Licensing Government Publishing Reporting 89

IP and Legal Filings

MARCH 5, 2025

2] They contended that the defendants are perpetuating gross misinformation by running fraudulent medicinal drug advertisement campaigns through wrongful use of Artificial Intelligence and are creating deepfakes by distorting images, voice, and other personality traits of Rajat Sharma, also infringing upon the registered trademarks of his company.

Personality Rights 84

Personality Rights Privacy Journalism Copyright 84

Michael Geist

JULY 13, 2022

Article 19.4 It provides: Article 19.4: This Article does not apply to a subsidy or grant provided by a Party, including a government-supported loan, guarantee, or insurance. In addition, Article 32.6 provides a broad exception for the cultural industries, with Article 32.6(2) In addition, Article 32.6

Government 145

Government Design Designs Contracts 145

The IPKat

DECEMBER 27, 2021

For example, the EU trade mark framework specifically refers the unauthorized use of a trade mark in advertising (Articles 9(3)(e) EUTMR and 10(3)(e) EUTMD ) and the unauthorized offering of goods carrying a trade mark (Articles 9(3)(b) EUTMR and 10(3)(b) EUTMD) as prima facie infringing.

Social Media 119

Social Media Reporting Advertising Advertising 119