Technology & Marketing Law Blog

DECEMBER 10, 2023

Amazon is an ICS provider: Plaintiff alleges that Defendants “market” and “sell” products to retail consumers “through internet websites.” The plaintiff claimed that Amazon bears the responsibility to verify advertiser claims and product authenticity. This argument has failed so many times.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

IPilogue

FEBRUARY 14, 2022

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. Despite these advantages, comparative advertising is a dangerous field to navigate from a legal perspective. Operations (“Constellation”).

Advertising 105

Advertising Advertising Trademark Branding 105

The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. Daktronics, Inc.,

Blogging 124

Blogging IP Non-Fungible Tokens Cease and Desist 124

Technology & Marketing Law Blog

OCTOBER 6, 2022

Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton. Eric’s Prior Tattoo Copyright Blog Posts. Tattoo Advertising/Human Billboards.

Blogging 135

Blogging Fair Use Copyright Infringement Copyright 135

Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products sells a toy that imitates the trademarks of Jack Daniel’s Properties using a design similar to the company’s whisky label and bottle shape, but with the name “Bad Spaniels”, a spaniel’s face, and poop jokes. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. –Jack Daniel’s v.

Blogging 104

Blogging Trademark Fair Use Trademark Law 104

43(B)log

FEBRUARY 17, 2022

One of Elysium’s counterclaims was based on statements that appeared on a blog, Right of Assembly, upwards of 20 times: ChromaDex isn’t allowed to say that NR treats any disease, because the FDA has not approved that. Was this commercial advertising or promotion? You can find out more here: [link]. I would have thought that was enough.]

Advertising 78

Advertising Advertising False Advertising Marketing 78

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Designs 57

Designs Design Social Media Privacy 57

IP Tech Blog

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. Overview of current legislation in China. Article 2.4

Design Patent 57

Design Patent Designs Design Patent 57

Technology & Marketing Law Blog

AUGUST 24, 2021

This lawsuit alleges that Facebook is liable for Fair Housing Act discrimination purportedly enabled by its self-service advertising tools. The plaintiffs allege Facebook had a role in “creating, promoting use of, and profiting from paid advertisers’ use of the Targeting Ad tools.”

Advertising 135

Advertising Advertising Marketing Marketing 135

IPilogue

NOVEMBER 18, 2022

(“Mascotte”), owns a portfolio of 160 trademark applications in the US connected to the “Yeezy” brand, Adidas solely owns all design rights to existing products, as well as previous and new colorways under the partnership. Adidas reportedly intends to take advantage of its design rights by selling the Yeezy sneakers using its own branding.

Business 131

Business Contracts Branding Brands 131

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Technology & Marketing Law Blog

FEBRUARY 7, 2024

The designation on Mr. Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. Letgo, Inc.

Advertising 97

Advertising Advertising Designs Design 97

Intepat

JUNE 19, 2024

It provides a list of possible documents that may be submitted as evidence, including invoices, promotion and advertising materials, records of successful enforcement, market surveys, and financial documents. This is essential for both registering a trademark and maintaining it.

Trademark 52

Trademark Advertising Advertising Social Media 52

43(B)log

SEPTEMBER 26, 2022

20, 2022) Plaintiff PCC sued NABP, a nonprofit whose membership consists of state/similar political unit boards of pharmacy (some other pharmacy associations/partnerships are also separate defendants), alleging violations of the Sherman Act and false advertising under the Lanham Act. The court granted a motion to dismiss the counterclaims.

Marketing 54

Marketing Marketing False Advertising Advertising 54

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. It’s not hard to imagine how a negligent design claim could have been structured here.

Contracts 77

Contracts Designs Design False Advertising 77

Technology & Marketing Law Blog

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels).

Copyright 101

Copyright Trademark Law Publishing Copyright Infringement 101

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 104

Law Social Media Advertising Advertising 104

Technology & Marketing Law Blog

JUNE 5, 2023

. “there is no doubt that the complaint treats Google as the publisher or speaker of information… the plaintiff’s causes of action against Google rest solely on the theory that Google did not block a third-party advertisement for publication on its search pages. ” The ad came from a third-party. .”

False Advertising 59

False Advertising Advertising Advertising Publishing 59

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. The print-on-demand service at issue is Pixels, who has appeared on this blog before.

Artwork 98

Artwork Trademark Publishing Marketing 98

Technology & Marketing Law Blog

AUGUST 19, 2021

The court says: The offending content is generated by Classmates and the advertisement is not merely some passive display of content created by another entity, even if it contains a picture from a school yearbook. Here, the focus is on Classmates’ use of a yearbook photo in stand-alone advertisements it uses to lure in potential customers.

Advertising 122

Advertising Advertising Marketing Marketing 122

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

Technology & Marketing Law Blog

AUGUST 17, 2021

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” The defendants run the Accident Injury Legal Center, which runs a lawyer referral service. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

MARCH 8, 2024

As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising. StopTheSADScheme Prior Blog Posts on the SAD Scheme Judge Reconsiders SAD Scheme Ruling Against Online Marketplaces–Squishmallows v. Alibaba N.D.

Trademark Law 100

Trademark Law Trademark IP Blogging 100

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Blog Posts.

Editing 90

Editing Social Media Blogging Advertising 90

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Eric’s closing note: for more on that latter point, see my decade-old thinkpiece on online trespass to chattels.].

Blogging 118

Blogging Law Contracts Cease and Desist 118

Technology & Marketing Law Blog

FEBRUARY 18, 2024

I previously blogged about one such case, where Squishmallow sued 90 e-commerce merchants in a sealed complaint and got a TRO. In a ruling I didn’t previously blog, the judge also enjoined the Alibaba and AliExpress marketplaces from aiding-and-abetting merchants’ infringements. Typical SAD Scheme stuff.

Blogging 88

Blogging Advertising Advertising Trademark 88

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Dragons' Den

FEBRUARY 16, 2023

In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. Alex explained that his company’s algorithm takes an artist’s data and then turns it into targeted and practical marketing. Zoe told the Dragons that she has applied for a ‘design utility patent’.

Designs 52

Designs Design Music Invention 52

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. ” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. ICS Provider. ICS Provider.

False Advertising 88

False Advertising Social Media Publishing Advertising 88

azrights

JUNE 19, 2023

Tesco probably didn’t initially realise the wider ramifications of using the Clubcard name, so may have been satisfied with its advertising agency. Nearly 10 years ago a designer acquaintance approached me to offer her “brand refresh” service. My logo had been professionally designed and I was happy enough with it.

Branding 52

Branding Brands Branding Designs 52

azrights

OCTOBER 20, 2023

Designation of origin Among other things, that involves the need to use trademarks as designations of origin. That means the registered sign must be used as an identifier that buyers see when they’re making purchases or discovering a business through its advertising and promotional activities.

Branding 52

Branding Brands Branding Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

Lanham Act False Advertising. The Ninth Circuit said that Section 230 doesn’t apply to design defect claims that aren’t based on third-party content, but we know that the plaintiff is likely to lose the case on its merits based on a nearly identical case that failed in Georgia courts. Blog post on amicus briefs.

Blogging 120

Blogging False Advertising Law Advertising 120

Technology & Marketing Law Blog

MARCH 13, 2022

” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Amazon ruling.

Trademark 81

Trademark Advertising Advertising Settlement 81

azrights

JUNE 19, 2023

Unless a business has intellectual property protecting its innovation, such as a trademark, patent, copyright, design, or trade secret, competitors are free to copy its differentiation strategy immediately. Tesco reportedly spent a million pounds on marketing the concept of loyalty cards and made the Clubcard name famous as a result.

Branding 52

Branding Brands Branding IP 52

Kashishipr

SEPTEMBER 7, 2022

Trade dress protection falls under trademark law as the design functions as a trademark, i.e., identifying a product emerging from a specific fashion house or fashion designer. Such a design refers to the visual or sensual look of the product, which can include its shape, packaging, and color combinations.

Trademark 52

Trademark Designs Design Marketing 52

Technology & Marketing Law Blog

FEBRUARY 12, 2024

We’ve blogged some of his cases before ( 1 , 2 ), including the lower court ruling in this case. The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” ” Market Effect. IJR appeared first on Technology & Marketing Law Blog.

Fair Use 90

Fair Use Licensing Copyright Marketing 90

azrights

JUNE 19, 2023

Last week I mentioned that Tesco lost the benefit of its million-pound marketing spend because it used the Clubcard name instead of a stronger name like Tescocard. If you missed it you can read it on the Azrights blog A million-pound mistake? It impacts business design and branding.

Branding 52

Branding Brands Branding Business 52