43(B)log

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? Faire sued, challenging Tundra’s unauthorized use of Faire’s users’ login credentials to gain access to Faire’s non-public information. Tundra allegedly uses the information it scrapes from Faire’s platform, including contact information, to market its product.

False Advertising 59

False Advertising Advertising Advertising Branding 59

IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. Emerging technologies for better Trademark Protection Several challenges occur along the way as the companies establish their brand presence domestically and internationally.

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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

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.

Fair Use 97

Fair Use Advertising Advertising Branding 97

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.

Advertising 57

Advertising Advertising Blogging Branding 57

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.

Advertising 129

Advertising Advertising Intellectual Property Reporting 129

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

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 113

Advertising Advertising Branding Branding 113

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. Effectively, the reputation of a business is its brand.

Copying 52

Copying Branding Branding Brands 52

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

43(B)log

AUGUST 27, 2024

PNC interface, L; Plaid connection interface with PNC logo, R sample Plaid bank selection workflow PNC alleged that Plaid infringed its trademarks by replicating the authentic PNC log-on screen to get them to provide private financial information, allowing Plaid to collect their data. Counterfeiting is probably the most eye-opening charge.

Advertising 52

Advertising Advertising False Advertising Design 52

Olartemoure Blog

APRIL 14, 2023

The photograph in question features Shayk wearing sweatpants designed by the brand Deadly Doll, which is protected by copyright. The trademark claimed that it had the rights over the photograph and published it on its social media as advertising , without the authorization of the author.

Branding 52

Branding Branding Brands Derivative Work 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.

Branding 52

Branding Branding Brands Social Media 52

DuetsBlog

SEPTEMBER 8, 2020

Welcome back to another edition of Merely Informational and Incapable Marks. Seemed like a great blog topic, for some day, given my distaste for the USPTO’s insatiable appetite for fusing informational refusals with trademark incapability. for registration, considering it merely informational and incapable as a trademark.

Registration 59

Registration Branding Branding Brands 59

Olartemoure Blog

AUGUST 26, 2024

This occurs when companies use terms like “100% sustainable,” “green,” “eco-friendly,” or “100% renewable” on their trademarks, branding, packaging, containers, or advertisements without having concrete environmental actions to substantiate those claims. Why can it be problematic? Some of these are the following: 1.

Advertising 105

Advertising Advertising Intellectual Property Trademark 105

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

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

43(B)log

SEPTEMBER 20, 2024

18, 2024) Scotts makes consumer lawn, garden, pesticide, and insecticide products, including under the “ORTHO” brand. One information bar is yellowish/gold and the other information bar is silver. A product name is placed between the pentagon design and the information bars. SBM Life Science Corp.,

False Advertising 52

False Advertising Copyright Advertising Advertising 52

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 98

Blogging Contracts Copyright Law Copyright 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

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.

Social Media 57

Social Media Advertising Advertising Branding 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

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

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.

False Advertising 59

False Advertising Advertising Advertising Design 59

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.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

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

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.

Branding 52

Branding Branding Brands False Advertising 52

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.

Advertising 88

Advertising Advertising Copyright Infringement Trademark 88

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

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 Branding Brands Cease and Desist 40

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.

Branding 97

Branding Branding Brands Advertising 97

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.

Branding 40

Branding Branding Brands Social Media 40

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 111

Branding Branding Brands Advertising 111

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.

IP 254

IP Intellectual Property Reporting Branding 254

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

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. In addition to copyright infringement, Atari brought claims for business disparagement, false information and advertising, unfair competition, and unjust enrichment.

Fair Use 102

Fair Use Copyright Artwork Social Media 102

Erik K Pelton

NOVEMBER 3, 2020

The following is an excerpt from my book, Building a Bold Brand. Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! Small businesses are just as capable of creating and building great brands as big businesses are. Television advertising.

Business 130

Business Trademark Cease and Desist Branding 130