LexBlog IP

AUGUST 16, 2023

In a marketplace teeming with similar offerings, where countless brands vie for attention, the risk of brand confusion is a looming threat. Registering a trademark helps prevent brand confusion and maintains the distinctiveness that sets your brand apart.

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Registration Branding Brands Branding 40

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.

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Branding Brands Branding 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.

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Branding Brands Branding Social Media 52

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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Advertising Advertising Branding Brands 105

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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Advertising Advertising Journalism Intellectual Property 52

IPilogue

MARCH 22, 2023

Privacy Misrepresentation According to the Federal Trade Commission (FTC) release , BetterHelp requires a questionnaire that asks for sensitive mental health information – “such as whether they have experienced depression or suicidal thoughts and are on any medications” – along with personal information.

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Advertising Advertising Privacy Settlement 40

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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Advertising Advertising Government Copying 130

LexBlog IP

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.

Branding 52

Branding Brands Branding Social Media 52

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. Consumers are more willing to try out new things if they are assured that the new product is comparable or superior to those made by well-known brands. Operations (“Constellation”).

Advertising 105

Advertising Advertising Trademark Branding 105

TorrentFreak

FEBRUARY 29, 2024

Keen to attract eyeballs wherever they might be, many of the world’s biggest brands exchanged cold hard cash for an appearance on prominent pirate portals. has performed well, on Wednesday it announced Project Brand Integrity 2.0. still aims to defund pirate sites and protect advertisers from undesirable associations.

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Advertising Advertising Branding Brands 99

SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it. Legal Position on Comparative Advertisement.

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Fair Use Advertising Advertising Branding 105

Corsearch

APRIL 19, 2023

With Gen Z ambivalent on the cost of counterfeiting to legitimate brands – and often actively seeking fakes out – how can brands educate consumers about their societal harms? Typically defined as people born between 1997 and 2012, Gen Z are seen by many brands as the number one audience to connect with online.

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Branding Brands Branding Social Media 40

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling secondly handed or vintage goods. Veronique Idea Corp., 2d 262, 267 (S.D.N.Y.

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Branding Brands Branding False Advertising 52

IP Tech Blog

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. This ruling serves as a reminder to CBD brands and advertisers about the importance of their disclosure obligations (i.e.

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Social Media Advertising Advertising Branding 57

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.

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Advertising Advertising Blogging Branding 57

SpicyIP

JULY 1, 2024

Dabur alleged that these depictions were disparaging their trademarks, infringing their copyright, could mislead viewers and negatively impact their brand. On a broader note, this case challenges us to rethink the balance between protecting intellectual property and upholding the right to free speech and access to information.

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Advertising Advertising Copyright Infringement Trademark 104

LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. From trademarks to copyrights, the NCAA is diligent in protecting its rights and the value of its brand.

Branding 40

Branding Brands Branding Cease and Desist 40

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

The IPKat

JULY 30, 2023

Over to Theodora: Second-hand fashion and trademark rights’ exhaustion under EU law, a guide for brand owners to “wear” this new trend by Theodora Goula Every day, more and more consumers are joining the second-hand fashion movement. Let’s start exploring the above issues from an EU perspective, aiming to give some guidance to brand owners.

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Branding Brands Branding Advertising 97

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

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Trademark Social Media Advertising Advertising 90

TorrentFreak

NOVEMBER 11, 2021

This is why the advertising industry is seen as an ally in the fight against piracy. In the UK , hundreds of advertising agencies began banning pirate sites, and the European Union chimed in as well. What’s concerning, however, is that there’s little information available on what sites are included.

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Advertising Advertising Intellectual Property Reporting 122

Plagiarism Today

APRIL 11, 2022

Earlier this month, the ecommerce site Etsy announced that they are launching a new intellectual property portal that they hope will make it easier for brands, creators and other rightsholders to report listings that are infringing on their rights. Users login with their Etsy account and then first register their brand.

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IP Intellectual Property Reporting Branding 257

LexBlog IP

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. This ruling serves as a reminder to CBD brands and advertisers about the importance of their disclosure obligations (i.e.

Social Media 52

Social Media Advertising Advertising Branding 52

TorrentFreak

MARCH 1, 2024

Under that new brand, business continued as usual. ACE and others kept up the pressure and in recent months branded Aniwatch one of the most notorious pirate sites. Neither is there an explanation for the move but users are assured that their information remains intact. However, taking it offline is easier said than done.

Branding 97

Branding Brands Branding Advertising 97

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 Branding Brands 57

LexBlog IP

JANUARY 5, 2023

The Announcement outlines a scary scheme by cyber criminals, who “are using search engine advertisement services to impersonate brands and direct users to malicious sites that host ransomware and steal login credentials and other financial information.” Use an ad blocking extension when performing internet searches.

Advertising 40

Advertising Advertising Privacy Business 40

SpicyIP

AUGUST 20, 2023

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. Brand owners, which are aggrieved by competitor ads, have alleged that Google’s Search Engine Results Page (SERP) should only contain results pertaining to the brand owner when the search term comprises or includes their trademark.

Advertising 97

Advertising Advertising Trademark Branding 97

LexBlog IP

OCTOBER 20, 2022

In the proposed revision, the FTC put in a place marker for Kid Endorsements, saying, “Endorsements in advertisements addressed to children may be of special concern because of the character of the audience. Practices which would not ordinarily be questioned in advertisements addressed to adults might be questioned in such cases.”

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Advertising Advertising Marketing Marketing 52

The TTABlog

APRIL 22, 2024

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). Hostess Brands, LLC v. The marks are close enough, but what about the goods? million, $9.5

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Branding Brands Branding Social Media 43

LexBlog IP

AUGUST 16, 2023

In the digital age, where online presence is integral to business success, safeguarding your brand’s identity across the virtual landscape is a priority. Unauthorized parties often attempt to capitalize on well-known brands by registering similar domain names.

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Registration Social Media Trademark Registering Trademarks 52

TorrentFreak

AUGUST 16, 2021

Through various links and advertisements, people are lured into signing up for a website that offers ‘free’ movies, sports events, or books. Unsurprisingly, the selection doesn’t include the latest blockbusters that were advertised but relatively unknown licensed films instead. Perhaps a new brand will surface soon?

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Advertising Advertising Branding Brands 143

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. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). by guest blogger Prof. Guy Rub , The Ohio State University Michael E.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

43(B)log

OCTOBER 29, 2021

Copper Compression Brands LLC, 2021 WL 5013799, No. Here, the court granted leave to amend to add a false advertising claim. In May 2021, plaintiffs moved for leave to file a second amended complaint to add a false advertising claim based on statements on CCB’s website. 4604 (KPF) (S.D.N.Y.

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False Advertising Advertising Advertising Designs 57

azrights

JUNE 19, 2023

The brand name is a prime way to protect innovations. But because it chose Clubcard as its name, the competition was able to use the same name to benefit from all the advertising and marketing that Tesco had done. The case illustrates how even at the highest levels basic IP mistakes are being made in the branding industry.

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Branding Brands Branding IP 52

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. Fashion brands are no strangers to the continuous fight against fake and counterfeit items in the real world.

Law 88

Law Branding Brands Branding 88

LexBlog IP

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 52

Marketing Marketing Contracts Branding 52

43(B)log

AUGUST 22, 2022

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” The First Amendment has long coexisted with no-fault false advertising laws. The California Supreme Court reversed.

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False Advertising Advertising Advertising Artistic Work 57