43(B)log

JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Price: $12 * Kindle. Price: $30 + shipping and tax.

Editing 52

Editing Advertising Advertising False Advertising 52

IPilogue

MARCH 22, 2023

Their primary business is online counseling and therapy provided online through web-based interaction and phone/text communication with professional counselors. million – to customers whose health data was compromised.

Advertising 105

Advertising Advertising Privacy Settlement 105

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 93

Advertising Advertising Trademark False Advertising 93

43(B)log

JUNE 10, 2024

4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a factual dispute about what a “brand” is. The dispute turned on what a “brand” is; Zesty Paws argued that Nutramax was not a brand, but Cosequin etc. Nutramax Labs.,

Branding 72

Branding Branding Brands Marketing 72

azrights

MAY 10, 2022

It’s well known that the failure rate of small businesses is extremely high. Entrepreneur.com rates people’s chances of surviving in business beyond 5 years at 50/50, while the chances of failure after 10 years are 70%. With that in mind, here are the top 13 reasons why businesses are less successful than they might otherwise be.

Business 98

Business Branding Branding Brands 98

Technology & Marketing Law Blog

AUGUST 11, 2022

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Chapter 2: What is an Advertisement?

Editing 124

Editing Advertising Advertising Marketing 124

IP Watchdog

JULY 24, 2024

When advertisers use the Olympics brand without authorization, the USOC views this as a loss of sponsorship dollars. The Olympics benefits from extra special trademark protection here in the United States.

Cease and Desist 64

Cease and Desist Branding Branding Brands 64

azrights

OCTOBER 5, 2023

I would love to send you a signed copy of Brand Tuned, the new rules of branding, strategy and intellectual property if you’re UK based and are: EITHER: An Azrights client: OR An agency or freelancer supporting businesses to promote or create their brand. Just complete this form to receive a copy of the book.

Copying 52

Copying Branding Branding Brands 52

LexBlog IP

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 52

Branding Branding Brands Advertising 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. Customers can simply differentiate between the brands they were looking for. Customers can identify the brand and its products by a glance.

Business 52

Business Trademark Registration Cease and Desist 52

Traverse Legal Blog

SEPTEMBER 27, 2024

Our technology and internet lawyers are constantly contacted by Amazon sellers trying to protect their brand names and products on the Amazon marketplace. One of the most common brand protection issues involves gray market sellers and counterfeits on Amazon. There’s both good news and bad news.

Branding 52

Branding Branding Brands Marketing 52

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

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

IP and Legal Filings

AUGUST 28, 2023

The Reason Behind This Evolutionary Development Brand and companies have made it a trend to evolve from time to time creating variants over their original/ main or core mark. It strengthens brand awareness, builds a better rapport, and a more intimate Business-to-consumer relation which builds trust and faith in their product.

Branding 96

Branding Branding Brands Trademark 96

azrights

OCTOBER 20, 2023

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. What this means is that the legal system shifts the burden of proof so that the brand owners need to show that they’re still genuinely using their marks.

Branding 52

Branding Branding Brands Marketing 52

LexBlog IP

AUGUST 16, 2023

In the world of business, where brands are not merely labels but stories that resonate with consumers, effective brand building is a strategic imperative. Trademark registration aids in building a cohesive brand identity. Consistent Visual Identity Trademark registration solidifies your brand’s visual identity.

Branding 40

Branding Branding Brands Registration 40

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

Trademark and Copyright Law Blog

APRIL 25, 2022

Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Leveraging alternative IP strategies for brands. Advertising best practices and what not to say. CBD, hemp, and the 2018 Farm Bill.

Advertising 40

Advertising Advertising Trademark Intellectual Property 40

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.

Registration 40

Registration Branding Branding Brands 40

TorrentFreak

JANUARY 8, 2022

It found that the majority (76%) openly advertised their payment options with Visa, Mastercard and PayPal leading the way. Pirates Expolit Payment Processor Branding. PayPal is committed to finding a workable solution to combat piracy’s impact on the industry and on their brand. IPTV and Cryptocurrencies.

Branding 136

Branding Branding Brands Due Diligence 136

Erik K Pelton

DECEMBER 7, 2021

The brands of many professional online gamers have millions of followers and huge profits from endorsements, advertising, merchandise, and more, yet many of them are not protected. Erik provides some trademark tips and guidance for the eSports industry that is applicable to other brand owners, influences, and businesses as well.

Trademark 133

Trademark Advertising Advertising Branding 133

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.”

Advertising 40

Advertising Advertising Privacy Business 40

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.

Advertising 110

Advertising Advertising Branding Branding 110

Olartemoure Blog

FEBRUARY 10, 2024

the Super Bowl moves billions of dollars, mainly through advertising. The National Football League (NFL) , organizers of the event, have created and grown the brand of the Super Bowl to what it is today. Arguably the most important sports event in the U.S.A., THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”.

Cease and Desist 105

Cease and Desist Trademark Advertising Advertising 105

IP Tech Blog

FEBRUARY 13, 2023

At the end of January, the CMA announced that it is investigating FMCG for the use of green claims in labelling, advertising and marketing material. In particular, the CMA is concerned with “ broad eco-statements “, misleading claims about the recyclability of a product and brands labelling themselves as “ sustainable.”

Business 57

Business Advertising Advertising Blogging 57

JD Supra Law

APRIL 29, 2024

Earlier this month, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced a recommendation that Planting Hope Brands, LLC discontinue use of the ® (registered trademark symbol) in advertising a specific rice product called RIGTHRICE. By: Fox Rothschild LLP

Registering Trademarks 68

Registering Trademarks Advertising Advertising Branding 68

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. Thus, it becomes important to safeguard your business. Protecting brands. Domain names and trademarks.

Branding 52

Branding Branding Brands Social Media 52

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

LexBlog IP

AUGUST 16, 2023

In the fast-paced world of commerce, where imitation and unauthorized use can compromise a brand’s integrity, safeguarding your unique identity is of paramount importance. Armed with this exclusivity, you send a clear message to potential infringers that your brand is protected and defended by law.

Branding 40

Branding Branding Brands Registration 40

azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Much of the copying that takes place in business is impossible or very difficult to put a stop to.

Branding 52

Branding Branding Brands Copying 52

Biswajit Sarkar Copyright Blog

FEBRUARY 4, 2022

Whether we go shopping for groceries in a supermarket like ‘Spencers’ or to a local sellers hub (sabzi mandi), we are making a subconscious choice or preference, based on the quality of the products, the price point, the goodwill of the brands or service providers and our previous experience in availing their products and services.

Business 52

Business Trademark Branding Branding 52

IPilogue

MARCH 22, 2023

Their primary business is online counseling and therapy provided online through web-based interaction and phone/text communication with professional counselors. The post FTC Punishes BetterHelp for Sharing Mental Health Information with Advertisers appeared first on IPOsgoode. million – to customers whose health data was compromised.

Advertising 40

Advertising Advertising Privacy Settlement 40

Intepat

APRIL 7, 2022

Not only is a trademark essential for the consumer, but businesses for without a trademark, it is possible that a business may lose out on customers or profits as trademarks are quintessential for successful advertising of a business. The Indian laws do not per se discuss the specifics of franchising a business.

Business 52

Business Trademark Licensing Branding 52

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 69

False Advertising Advertising Advertising Marketing 69

The TTABlog

JUNE 21, 2021

Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. The was fatal to his priority claim and so the Board dismissed the opposition.

Advertising 52

Advertising Advertising Service Mark Branding 52

Biswajit Sarkar Copyright Blog

FEBRUARY 4, 2022

Whether we go shopping for groceries in a supermarket like ‘Spencers’ or to a local sellers hub (sabzi mandi), we are making a subconscious choice or preference, based on the quality of the products, the price point, the goodwill of the brands or service providers and our previous experience in availing their products and services.

Business 52

Business Trademark Branding Branding 52

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone.

Trademark 107

Trademark Advertising Advertising Branding 107