Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). A reasonable advertiser would also know that it was being charged a much higher rate for clicks than impressions. targeted social media advertising.

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Privacy Marketing Marketing Social Media 116

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. As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. 2022 WL 4596646 (C.D.

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Advertising Advertising False Advertising Trademark 111

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 well-known company was sued in a California federal court last year for using photos Schroeder took of Sumida posing next to a Volvo S60 as part of a "global advertising campaign" on Instagram without her permission.

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Blogging IP Non-Fungible Tokens Cease and Desist 126

43(B)log

JUNE 29, 2023

27, 2023) Proceedings below most recently blogged here. Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for false advertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews. Rather, the market simply must be ‘sparsely populated.’”

False Advertising 80

False Advertising Advertising Advertising Marketing 80

SpicyIP

AUGUST 25, 2021

Her previous guest post on the blog can be viewed here. Domex Advertisement: Product Disparagement or Nominative Fair Use? Advertising is an important factor in deciding a product’s future success. Legal Position on Comparative Advertisement. The advertising of one’s own goods is not prohibited.

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Fair Use Advertising Advertising Branding 105

Kashishipr

JANUARY 19, 2022

The role that trademarks play in the marketing of a brand can help us unwind what commercial players and business houses should consider in the development of their brand marketing strategies to best incentivize their assets for better returns. How Does a Trademark Help in the Marketing of a Brand?

Marketing 105

Marketing Marketing Trademark Branding 105

Technology & Marketing Law Blog

OCTOBER 6, 2022

Eric’s Prior Tattoo Copyright Blog Posts. Tattoo Advertising/Human Billboards. WWE 2K (Guest Blog Post) appeared first on Technology & Marketing Law Blog. In short, opportunistic lawsuits brought by a handful of tattooers run the risk of devastating the industry as a whole. An appeal in Alexander v.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

Technology & Marketing Law Blog

AUGUST 18, 2024

The advertising revenues may eventually pass through in some portion to creators. But, I also pointed to the way in which European regulators are once again (hello, GDPR) leading the way in regulating AI, both under the EU AI Act and the Digital Markets Act, disrupting the traditional gatekeepers of digital markets.

Blogging 119

Blogging Reporting Privacy Branding 119

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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Advertising Advertising Trademark False Advertising 98

Technology & Marketing Law Blog

MAY 13, 2024

seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping. The alleged “harm” here was a report that painted Twitter in an unflattering light and caused Twitter to purportedly lose advertising revenue. See FAC ¶¶ 70, 78; see also ACLU Br.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

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 95

False Advertising Advertising Advertising Marketing 95

Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 111

Blogging Social Media Television Fair Use 111

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 137

Advertising Advertising Marketing Marketing 137

Technology & Marketing Law Blog

FEBRUARY 16, 2022

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. Competitive Keyword Advertising Claim Fails–Reflex Media v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

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IP Advertising Advertising Trademark Law 141

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. We usually get ours at the local farmers market.] Yum, and easily veganized. ” Say what? ” That prompted this litigation. ” UGH.

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Trademark Advertising Advertising False Advertising 129

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

DECEMBER 10, 2022

It had favorable organic indexing that made it some money, and it bought Adwords advertising that made it more money. But over time, its organic indexing declined and so did its conversion rate on advertising. 2 claim, alleging that Google willfully monopolized a market. But which market? Case dismissed.

Advertising 111

Advertising Advertising Marketing Marketing 111

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. Case Citation : Cramer v. Netflix, Inc.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

Technology & Marketing Law Blog

JANUARY 23, 2024

Plaintiff visited the Mizzen and Main website on his mobile device, which advertised the company’s messaging program and offered a discount to customers who signed up for emails and texts. The pre-populated message indicated that Plaintiff was opting into Mizzen and Main’s program and agreed to receive marketing alerts.

Contracts 98

Contracts Blogging Advertising Advertising 98

Above the Fold

FEBRUARY 11, 2024

What will be the most creative advertising tagline? Will any of your old favorite marketing campaigns be brought back? How many advertising controversies will emerge? Can any one commercial eclipse the advertising power of Taylor Swift being in attendance? Which celebrities will be featured?

Blogging 52

Blogging Advertising Advertising Trademark Law 52

Technology & Marketing Law Blog

NOVEMBER 20, 2022

Plaintiff argues that CDA immunity does not apply, “because Seamless actively created the profiles and advertising webpages giving rise to this suit.” Defendant argues that Plaintiff’s name or likeness appearing in a string of search results on the same page as a paywall option does not create an unlawful advertisement.

Advertising 119

Advertising Advertising Blogging Reporting 119

Technology & Marketing Law Blog

APRIL 29, 2022

The court disagrees (emphasis added): As in Dyroff , Plaintiffs’ allegations here do not establish that Meta materially contributed to the illegality of the specific advertisements in question. At most, Plaintiffs’ allegations establish that Meta encouraged and solicited third parties to advertise on its platform.

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Contracts Advertising Advertising Publishing 128

Technology & Marketing Law Blog

APRIL 3, 2023

Bad Spaniels (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post The First Amendment Limits Trademark Rights, But How?–Jack –Jack Daniel’s v.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

Technology & Marketing Law Blog

DECEMBER 18, 2021

The court couldn’t sufficiently discern the relevant market from the complaint, so the court can’t figure out any cross-elasticities. The court rejects the plaintiffs’ attempts to create single-brand markets. Apple appeared first on Technology & Marketing Law Blog. Breach of Contract.

Reporting 119

Reporting Law Contracts Advertising 119

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 128

Advertising Advertising Marketing Marketing 128

Technology & Marketing Law Blog

JANUARY 22, 2022

” Market Effect. “there is no danger that the Dubtown Video will usurp the market for which Watch Tower intends its works. Other Blog Posts on 512(h). 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). Maximized Living v.

Fair Use 143

Fair Use Copyright Infringement Marketing Marketing 143

Technology & Marketing Law Blog

JANUARY 12, 2022

So it’s a nostalgic kick to blog a pure click fraud ruling in 2022. “Singh has testified that he read alleged misrepresentations about invalid clicks on the AdWords blog and that he relied on those statements before signing up for AdWords. Commonality. ” Typicality. per month and Home Depot spends $6.81M per month.

Advertising 113

Advertising Advertising Settlement Blogging 113

LexBlog IP

FEBRUARY 11, 2024

What will be the most creative advertising tagline? Will any of your old favorite marketing campaigns be brought back? How many advertising controversies will emerge? Can any one commercial eclipse the advertising power of Taylor Swift being in attendance? Which celebrities will be featured?

Blogging 52

Blogging Advertising Advertising Trademark Law 52

IP Tech Blog

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 57

Marketing Marketing Contracts Branding 57

Technology & Marketing Law Blog

JULY 17, 2021

Some related blog posts: Domino Pizza’s Website Violated the Americans With Disabilities Act (ADA)–Robles v. Gannett appeared first on Technology & Marketing Law Blog. From the court’s conclusion reaching a different result than the Scribd case, I infer the court disagreed with the Scribd ruling. Gannett Co.

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Blogging Television Publishing Advertising 130

Technology & Marketing Law Blog

DECEMBER 31, 2021

This is my last blog post for 2021. Thanks for reading the blog this year! Other Blog Posts on 512(h). 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). Wishing you and your family have a wonderful 2022.]. 2021 WL 6135300 (N.D.

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Fair Use Blogging Marketing Marketing 124

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 80

Advertising Advertising False Advertising Marketing 80

Technology & Marketing Law Blog

DECEMBER 28, 2021

But its website markets ads, merchandise, and ad-free experiences to all comers. 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.” First, HuffPost displayed ads from Texas-based advertisers.

Advertising 145

Advertising Advertising Blogging Marketing 145

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

Lanham Act False Advertising. 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. Blog post on amicus briefs.

Blogging 145

Blogging False Advertising Law Advertising 145

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 131

Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

MARCH 14, 2024

But whether this is officially precedent or not, this line of thinking will be delicious chum for plaintiff’s lawyers. * * * Eric’s Comment : Cellphone plans often advertise they are “unlimited,” but many Internet access contracts cap the total available amount of data the subscriber can transit. (At month plans).

Blogging 98

Blogging Contracts Law Advertising 98