Dragons' Den

JANUARY 18, 2024

I went from working in a top advertising agency, with a busy social life and exercising regularly to being mostly house bound and unable to walk for more than 5 minutes without having to get back into bed. If you scored our Dragons' Den IP Blog highly, make sure to subscribe and look out for next week's edition!

Blogging 141

Blogging IP Licensing Business 141

Technology & Marketing Law Blog

OCTOBER 6, 2022

As appealing as an opportunity to cash in on their clients’ fame by extracting payments video game makers, clothing brands , or other firms may be, the overwhelming majority of tattooers recognize that clients should control their own bodies and likenesses. Eric’s Prior Tattoo Copyright Blog Posts. An appeal in Alexander v.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

JD Supra Law

OCTOBER 7, 2024

Brands’ social media feeds are getting attention lately, but not always for the right reasons. We’ve covered social media advertising risks in our ADventures in Law blog before. By: BakerHostetler

Social Media 76

Social Media Branding Branding Brands 76

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.”

Advertising 105

Advertising Advertising Privacy Settlement 105

The IPKat

NOVEMBER 29, 2021

Let’s see what the other IP blogs have been up to this week:- Trade Marks “Metaverse” has become centre stage after Facebook announced that it had changed its company name to “Meta”. SpicyIP brought a guest post from Payal Saraogi on a recent decision of the Delhi High Court on Google’s use of trade marks as advertisement keywords.

Blogging 78

Blogging IP Contracts Reporting 78

Erik K Pelton

NOVEMBER 15, 2021

Perhaps you only have one core trademark or perhaps you’re building a portfolio and helping create an entire synthesized brand. This is based on one of my favorite blog posts from many years ago, which is based on one of the great classic rock songs by Paul Simon, 50 Ways to Leave Your Lover.

Trademark 147

Trademark Branding Branding Brands 147

Intepat

FEBRUARY 3, 2025

When we think about trademark disputes, we often imagine a small company trying to imitate a bigger, well-known brand. Because the big company has more resources for marketing and advertising, it overwhelms the smaller business’s brand identity. What Is Reverse Confusion Theory? But reverse confusion flips this scenario.

Branding 59

Branding Branding Brands Trademark 59

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.

Advertising 98

Advertising Advertising Trademark False Advertising 98

IP Tech Blog

MAY 5, 2023

Heard of the climate activists defacing advertisements, billboards and bus shelters? Brandalism is a recent anti-advertising movement which uses a brand’s own assets and marketing channels against the brand itself, through replacing legitimate advertisements with spoofs and parodies (known as “subvertising”).

Branding 62

Branding Branding Brands Advertising 62

Technology & Marketing Law Blog

DECEMBER 10, 2023

The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. This argument has failed so many times. Google opinion.

False Advertising 95

False Advertising Advertising Advertising Marketing 95

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?

Advertising 62

Advertising Advertising Reporting Privacy 62

Technology & Marketing Law Blog

FEBRUARY 16, 2022

The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive. I have a long-standing personal policy not to give my consumer dollars to any entity that I mock on the blog for IP overreaches. More Posts About Keyword Advertising.

IP 141

IP Advertising Advertising Trademark Law 141

Erik K Pelton

NOVEMBER 3, 2020

The following is an excerpt from my book, Building a Bold Brand. Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! Small businesses are just as capable of creating and building great brands as big businesses are. Television advertising.

Business 130

Business Trademark Cease and Desist Branding 130

Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products LLC ] A trademark dispute at the Supreme Court involving a dog chew toy and a famous brand of whisky may have serious implications for trademark and free speech rights. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. The post The First Amendment Limits Trademark Rights, But How?–Jack

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

Fair Use 98

Fair Use Advertising Advertising Branding 98

IP Tech Blog

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 57

Advertising Advertising Blogging Branding 57

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products. While Ye’s company, Mascotte Holdings Inc.

Business 131

Business Contracts Branding Brands 131

Intepat

MARCH 25, 2025

INTRODUCTION A distinct scent has immense recall value and the potential to become a powerful identifier of a brand. Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. billion in 2025.

Copying 59

Copying Branding Branding Brands 59

43(B)log

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? Tundra solicits sellers on Faire’s platform to provide their Faire Direct links to retailers registered with Tundra by “promising to promote their brands to new retailers and give them greater exposure” to Tundra retailers. Faire Wholesale, Inc. Tundra, Inc.,

False Advertising 59

False Advertising Advertising Advertising Branding 59

Kashishipr

NOVEMBER 3, 2021

Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner. Sadly, targets of genericization are often successful brands whose goods were or are market leaders in their sector. One advertisement of ESCALATOR, for example, began as “Otis elevators, Otis escalators.”

Trademark 105

Trademark Branding Branding Brands 105

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

Lanham Act False Advertising. Internet Brands. Second, on appeal to the Supreme Court, Justice Thomas used the cert denial as an excuse to blog his misguided free-association thoughts about why he hates Section 230. The legacy of Justice Thomas’ blogging will live on long after the Enigma case is over. In Asurvio v.

Blogging 145

Blogging False Advertising Law Advertising 145

Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. Defendant no. Vini Cosmetics Pvt.

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 52

SpicyIP

FEBRUARY 4, 2025

Earning Goodwill in a Novel Market: Challenges for New Players It has often been argued that determination of goodwill while assessing trademark disputes inevitably favors monopolistic advertising and promotion by the stronger market competitors. In the instant case, the Court emphasized the defendants Rs.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

LexBlog IP

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 52

Advertising Advertising Blogging Branding 52

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. Melwani sells products under the “Royal Silk” brand. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. It has never offered its services through Groupon.

Trademark 110

Trademark Advertising Advertising Settlement 110

LexBlog IP

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. Nothing less will do.

Advertising 52

Advertising Advertising Reporting Privacy 52

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. by guest blogger Prof. Guy Rub , The Ohio State University Michael E.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

Technology & Marketing Law Blog

MARCH 6, 2023

He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe named Confidence Empire (maybe this one ?). YouTube appeared first on Technology & Marketing Law Blog. Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. eBay and Sellify v.

Trademark 105

Trademark False Advertising Advertising Advertising 105

Technology & Marketing Law Blog

DECEMBER 28, 2021

Making a website that’s visible in Texas, of course, does not suffice…Grannies with cooking blogs do not, and should not, expect lawsuits from Maui to Maine.” Branded tees and coffee mugs have nothing to do with Johnson’s libel claim. First, HuffPost displayed ads from Texas-based advertisers.

Advertising 145

Advertising Advertising Blogging Marketing 145

LexBlog IP

APRIL 14, 2023

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

Blogging 52

Blogging Law IP Trademark 52

The IP Law Blog

APRIL 14, 2023

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

Blogging 52

Blogging Law IP Trademark 52

IP Tech Blog

NOVEMBER 28, 2022

Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report , published in March 2021 by another regulator, the Advertising Standards Authority (ASA), which found that a staggering 65% of the advertisements it monitored in September 2020 were not properly disclosed as ‘paid for’ content. Content creators.

Branding 52

Branding Branding Brands Social Media 52

Technology & Marketing Law Blog

MAY 3, 2022

Facebook argued it wasn’t liable for the third-party ads because “it did not create or sponsor the advertisement; therefore, it was simply a mere conduit for its distribution.” In the publicity rights chapter from our advertising law casebook , defendants lose every case we cover. Statutory Liability. ” Ugh.

Advertising 119

Advertising Advertising Law Marketing 119

azrights

MARCH 15, 2021

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

Branding 52

Branding Branding Brands Trademark 52

JD Supra Law

APRIL 14, 2023

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog. By: Weintraub Tobin

Blogging 52

Blogging Law Trademark IP 52

Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Perfect Body Image. * The Florida Bar Regulates, But Doesn’t Ban, Competitive Keyword Ads. * Rounding Up Three Recent Keyword Advertising Cases–Comphy v.

Advertising 111

Advertising Advertising Settlement Trademark 111

Biswajit Sarkar Copyright Blog

AUGUST 9, 2022

The growth of internet and internet related facilities have made brands shift a major part of their business online, some generating the entirety of their income through online sales. In this blog, we will see brands and trademarks on the internet and how to protect them from infringement. Protecting brands.

Branding 52

Branding Branding Brands Trademark 52