The IPKat

NOVEMBER 23, 2024

She settled on the brand name Katie Perry and started her own fashion label in 2007. Her first worldwide tour in 2009 included four shows performed in Brisbane, Sydney and Melbourne, and she sold "KATY PERRY" branded apparel and merchandise at these concerts.

Cease and Desist 71

Cease and Desist Registration Branding Branding 71

IP and Legal Filings

DECEMBER 17, 2024

Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.

Trademark 52

Trademark Branding Brands Branding 52

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.

Trademark 98

Trademark Social Media Advertising Advertising 98

43(B)log

AUGUST 25, 2022

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. Examples included the use of terms such as “Sleep 55% Off Number Beds” and “Comfort Air Beds on Sale” in online advertisements. Baxter; 996 F.3d 3d 925 (8 th Cir. 1) was the error. (2)

False Advertising 59

False Advertising Advertising Advertising Trademark 59

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive.

Fair Use 113

Fair Use Copyright Artwork Social Media 113

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.”

Advertising 52

Advertising Advertising Marketing Marketing 52

IP and Legal Filings

FEBRUARY 24, 2025

A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. These markings play a crucial role in differentiating brands and improving the customer experience. The importance of tactile branding in the space, beverage, and high-end goods industries has been well-established. [1]

Trademark Law 52

Trademark Law Trademark Law Branding 52

Michael Geist

SEPTEMBER 21, 2022

But the problems with expansive definitions in the bill are not limited to the “making available” provision. Bill C-18’s definitions for “news content”, “news business”, and “news outlet” are also exceptionally broad, raising their own series of concerns. solicitation, design or production of advertising; f.

Journalism 98

Journalism Editing Business Government 98

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Role definitions can render certain interpretations “irrational.” A: yes, you could definitely find problems there—restrictive terms, deplatforming, refusal to deal on nondiscriminatory basis. legit competition on the merits.

Law 91

Law Branding Brands Branding 91

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . The Rift Over Web3. What is web3, anyway?

Ownership 122

Ownership IP Non-Fungible Tokens Technology 122

43(B)log

AUGUST 9, 2021

That seems wrong given the definition, but the court rejected this argument on the narrower ground that there were underlying allegations that Boyer’s also used marketing and advertising to tell consumers the packages contain coffee from Kona. And it definitely didn’t disparage Kona consumers.

Advertising 59

Advertising Advertising Publishing Branding 59

43(B)log

SEPTEMBER 13, 2024

J-B has used unqualified “Made in USA” claims in its advertising. ITW advertises “the interchange between its products and the matching OEM manufacturer products” in its materials, sometimes including OEM interchanges for specific automotive brands in its package advertising. Epoxy: In J-B Weld Co., Gorilla Glue Co.,

Advertising 59

Advertising Advertising False Advertising Marketing 59

Traverse Legal Blog

FEBRUARY 18, 2021

This consumer class action concerns deceptive and unfair business practices by Total Life Changes in the advertisement and sale of its raspberry-flavored Iaso® Instant Tea (its “Raspberry Tea”). Total Life Changes’ tea products are branded through national marketing and advertising campaigns.

Advertising 84

Advertising Advertising Business Branding 84

Above the Fold

JULY 3, 2023

Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act.

Social Media 52

Social Media Advertising Advertising Editing 52

IP and Legal Filings

JUNE 10, 2024

The plaintiffs argued that the in Parle Agro’s label, “For the Bold” was prominently displayed and emphasis was given to the contested tagline in all the advertising campaigns. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court.

Trademark 98

Trademark Advertising Advertising Registering Trademarks 98

IP and Legal Filings

SEPTEMBER 14, 2023

This has led to consumers opting for brands that pledge their duty to contributing towards environmental protection by means of minimalism and sustainability. In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”.

Branding 98

Branding Brands Branding Trademark 98

IP and Legal Filings

NOVEMBER 23, 2023

Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999.

Intellectual Property 105

Intellectual Property Privacy Branding Brands 105

The TTABlog

JANUARY 6, 2022

Applicant argued that BIO is conceptually weak for supplements, and the term HEALTH (by way of a dictionary definition) is merely descriptive of supplements and also conceptually weak."] In re Sunset Songs, LLC , Serial No. 90114652 (January 4, 2022) (Opinion by Judge Linda A. Kuczma)[not precedential].

Social Media 64

Social Media Advertising Advertising Music 64

LexBlog IP

JULY 3, 2023

Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act.

Social Media 52

Social Media Advertising Advertising Editing 52

43(B)log

SEPTEMBER 20, 2024

18, 2024) Scotts makes consumer lawn, garden, pesticide, and insecticide products, including under the “ORTHO” brand. Ortho black trade dress This was sufficiently definite; it didn’t include terms like “such as” or “for example,” which can be problematic. At least the court is equally lenient with TM and false advertising?

False Advertising 52

False Advertising Copyright Advertising Advertising 52

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” The court also found “Ms.

Social Media 119

Social Media Ownership Business Branding 119

43(B)log

APRIL 17, 2023

Quincy sued BRYK “under multiple legal theories for making unauthorized sales of products branded with Quincy’s PREVAGEN trademark.” 13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first sale, showing unusual diligence by the court.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

IP Tech Blog

APRIL 17, 2023

This will enhance the chances of a brand to obtain a certain degree of well-known status recognition. The definition of the boundaries between concepts like “well-known,” “certain,” and “high reputation” are important. For example, by “geographical scope” of the advertising it is not meant worldwide but, rather, China-wide.

Trademark Law 57

Trademark Law Trademark Law Branding 57

Technology & Marketing Law Blog

DECEMBER 30, 2023

This appears to be a SAD Scheme case involving Squishmallows, a stuffed animals brand. The brand owner, Kelly Toys, sued 90 e-commerce merchants in a sealed complaint and got a TRO. Definitely no motion to dismiss; and now the rightsowner gets the chance to hunt in discovery for smoking guns. This is an unusual move.

Branding 98

Branding Brands Branding Business 98

43(B)log

JUNE 3, 2024

2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. Bustamante v. KIND, LLC, 100 F.4th 4th 419 (2d Cir. Nor did he specifically analyze KIND ingredients, only how they were “typically” sourced.

False Advertising 64

False Advertising Branding Branding Brands 64

TorrentFreak

MARCH 10, 2022

Possibly as a result, mid-2020 Watchsomuch was advertising on Twitter that its.org domain wasn’t the only option for accessing the platform. There are additional domains too but since they aren’t publicly advertised, we won’t mention them here.

Cease and Desist 98

Cease and Desist Reporting Advertising Advertising 98

TorrentFreak

DECEMBER 31, 2023

As is often the case, others have tried to hijack or take over the RARBG brand in the months that followed, but none come close to the original. While watching pirate IPTV streams in the UK is definitely unauthorized, the suggestion that offenders will be prosecuted and jailed en masse , is a bit much. Police car stream trackers?

Copyright 126

Copyright Reporting Branding Branding 126

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”). Ad tech helps advertisers do exactly that.

Advertising 52

Advertising Advertising Branding Brands 52

43(B)log

JULY 15, 2024

Nike claims that, despite those efforts, StockX sold a number of Nike-branded shoes that were counterfeits. As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” Surely a highly negative control is not a very plausible ad.)

False Advertising 69

False Advertising Branding Brands Branding 69

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. And yes even borsheims has to be held accountable.”

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

JUNE 10, 2024

The challenged language includes “to help manage blood sugar,” “#1 doctor recommended brand,” and “scientifically designed for people with diabetes.” This is not the sort of ambiguity that can be definitively resolved by reference to a back label.”

Design 59

Design Designs Branding Brands 59

SpicyIP

MAY 18, 2022

Though it is not easy to find a comprehensive list of all such trademarks in India (the website of the Indian TMR is so yesterday), recently advertised trademarks throw light on such activity. The definition of these terms is unclear. Some examples under class 9 include: S.No. Application date. Description (shortened). Feb 25, 2022.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

MARCH 8, 2024

Kandel alleged that Gross Skincare deceptively labeled and advertised its skincare products as containing collagen when, in fact, they do not. The products at issue are uniformly branded with the phrase “C + Collagen.” Dennis Gross Skincare, LLC, 2024 WL 965621, No. 23-cv-01967 (ER) (S.D.N.Y.

Branding 59

Branding Brands Branding Advertising 59

IP and Legal Filings

JUNE 26, 2022

Definition of ‘trademark’ is provided under Section 2(1)(zb) of the Trademarks Act, 1999 (hereinafter the Act), which gives the owner of such marks certain exclusive rights. Protects investment in advertising & branding. And mark is nothing but a sign or symbol. As per the statute trademark means-. “ It is an asset.

Trademark 98

Trademark Registration Journalism Registering Trademarks 98