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.

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Brands Branding Branding Marketing 52

IPilogue

MARCH 22, 2023

According to the complaint, BetterHelp used and revealed consumers’ email addresses, IP addresses, and health questionnaire information to Facebook, Snapchat, Criteo, and Pinterest for advertising purposes”, including “identify[ing] similar consumers and target[ing] them with advertisements for BetterHelp’s counseling service.”

Advertising 105

Advertising Advertising Privacy Settlement 105

TorrentFreak

JANUARY 8, 2022

In the summer of 2018, a report from anti-piracy company Irdeto examined the payment processing abilities of 400 pirate IPTV supplier sites. It found that the majority (76%) openly advertised their payment options with Visa, Mastercard and PayPal leading the way. Pirates Expolit Payment Processor Branding.

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Branding Branding Brands Due Diligence 136

TorrentFreak

JANUARY 31, 2024

The USTR’s report aims to motivate governments and various players in the private sector to take appropriate action, wherever that’s possible, to disrupt and limit infringement. reappeared in the report last year. As expected, the most-visited torrent site on the internet also appears in this year’s report.

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Reporting Marketing Marketing Social Media 104

Technology & Marketing Law Blog

AUGUST 18, 2024

The advertising revenues may eventually pass through in some portion to creators. Both creators and brands could benefit from transparency around algorithmic decisions that drive content distribution. It’s well-established that creators bring valuable content to platforms.

Blogging 108

Blogging Reporting Privacy Branding 108

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.

Brands 52

Brands Branding Branding Social Media 52

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 Branding Brands Social Media 52

LexBlog IP

JULY 10, 2023

Can I Use a Competitor’s Name in Advertising? by Founders Legal Some of the most memorable advertising campaigns in history involve the comparative use of competing trademarks. Consumer Comparison Survey Courts have held that it is legally defensible to conduct actual consumer comparison surveys and truthfully report the results.

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Advertising Advertising Brands Branding 40

Plagiarism Today

AUGUST 12, 2021

First off today, Robert Moran at The Philadelphia Inquirer reports that a federal judge has recommended that the Philadelphia Phillies be allowed to continue to use their modified version of the famous Phillie Phanatic mascot even though the changes were relatively minor. 3: Advertising Fuels $1.34 billion annually through advertising.

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Advertising Advertising Reporting Licensing 246

LexBlog IP

MARCH 5, 2024

As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Finally, please let me know if you have thoughts about the report or changes you would like to see. So, I am very open to your suggestions for improving the report. Plaintiff: Adim8, LLC Pls. DoorDash, Inc. The Kroger Co.

Reporting 52

Reporting Litigation Patent IP 52

TorrentFreak

AUGUST 17, 2021

Most pirate sites and apps won’t survive without advertising revenue. This is why the advertising industry is seen as an important partner to combat piracy. The overall conclusion is that there’s still plenty of advertising revenue going around in pirate circles. Major Brands Fund Pirates.

Advertising 145

Advertising Advertising Brands Branding 145

The IPKat

DECEMBER 27, 2021

Last week, the UK Intellectual Property Office (UKIPO) released an intriguing report measuring and analyzing (apparently for the first time) the influence that social media influencers exert on consumers also when it comes to purchasing counterfeits. The same appears to be true, at least in certain cases, for the purchase of counterfeits.

Social Media 114

Social Media Reporting Advertising Advertising 114

Technology & Marketing Law Blog

DECEMBER 18, 2021

The Coronavirus Reporter app “sought to collect ‘bioinformatics data’ from users about COVID-19 symptoms that it would then share with ‘other users and [unidentified] epidemiology researchers.'” The court rejects the plaintiffs’ attempts to create single-brand markets. ” Sounds sketchy as hell.

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Reporting Law Contracts Advertising 115

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

TorrentFreak

OCTOBER 13, 2021

These link sites typically generate revenue from user donations, advertising, or both, and the ESA selects a number due to their high levels of traffic and the volume of infringing links on offer. Nsw2u.xyz (previously branded Switch-xci) offers links to pirated games for most platforms including PC.

Reporting 127

Reporting Government Marketing Marketing 127

IP Law 360

AUGUST 14, 2024

A company that sells fertilizer to commercial cannabis growers has claimed a competitor used its trademarks as part of an unsanctioned co-branding campaign and on THC lab testing reports that falsely advertise its products as less effective, according to a suit filed in Washington federal court.

False Advertising 52

False Advertising Advertising Advertising Branding 52

43(B)log

AUGUST 27, 2024

Plaid allegedly then presented PNC consumers who were trying to connect to fintech apps via Plaid Link with messaging screens, using allegedly confusing branding, that said, “we’re currently experiencing connectivity issues with this bank” and “PNC has made a change that prevents you from being able to link your accounts.”

Advertising 52

Advertising Advertising False Advertising Design 52

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Claims against Vogue /Conde Nast were covered by Rogers , which applies whenever the “unauthorized use of another’s mark is part of a communicative message and not a source identifier,” including to “commentary, news reporting or criticism,” “i.e.,

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Advertising Advertising Design Designs 64

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.

Brands 52

Brands Branding Branding Trademark 52

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

IPilogue

MARCH 22, 2023

According to the complaint, BetterHelp used and revealed consumers’ email addresses, IP addresses, and health questionnaire information to Facebook, Snapchat, Criteo, and Pinterest for advertising purposes”, including “identify[ing] similar consumers and target[ing] them with advertisements for BetterHelp’s counseling service.”

Advertising 40

Advertising Advertising Privacy Settlement 40

TorrentFreak

MAY 26, 2022

For many image conscious consumer-orientated businesses, a key to commercial success lies in carefully calibrated branding and marketing. Thousands of pirate sites rely on advertising to generate revenue but entertainment companies are keen to highlight the downsides of dealing with them. Other issues are even more tricky.

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Advertising Advertising Branding Branding 134

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.

Brands 40

Brands Branding Branding Social Media 40

LexBlog IP

SEPTEMBER 20, 2022

But back here, other than high-level, broad definitions that could theoretically deem advertising itself a dark pattern, there has been a lack of clarity on the issue. Late last week, the FTC issued its report following up on the workshop. For those hoping for more detailed clarity, well, we don’t quite have that.

Reporting 52

Reporting Privacy Advertising Advertising 52

LexBlog IP

JANUARY 18, 2022

NFTs (non-fungible tokens, not thoroughbreds) were not a disappointment but instead were all the rage for holiday giving this year, including offerings from brands such as Adidas and Balmain x Barbie. Avoid advertising the NFT purchase as an investment opportunity. And we might see you there!

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Non-Fungible Tokens Advertising Advertising Branding 52

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.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

IP Tech Blog

NOVEMBER 30, 2022

All three reporters are well known for covering the Capitol Hill beat. Punchbowl argued, as a threshold matter, that the Rogers analysis had no application because First Amendment protections do “not extend to ‘the brand name of [a] commercial enterprise.’” Neither of these prongs is easy [for a plaintiff] to meet.”.

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Branding Branding Brands Fair Use 57

TorrentFreak

JULY 25, 2024

The music industry earns billions of dollars through associated advertising but doesn’t like the fact that some people download the tracks for offline use. “[Stream-ripping] is the most widespread form of infringement of musical copyright and it accounts for 30% of total musical piracy in Italy,” FPM reports.

Music 105

Music Branding Branding Brands 105

IP Tech Blog

MAY 19, 2023

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture , the global sector is expected to grow from $6.0 Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. billion in 2020 to $24.1

Marketing 57

Marketing Marketing Contracts Branding 57

LexBlog IP

OCTOBER 20, 2022

As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Finally, please let me know if you have thoughts about the report or changes you would like to see. So, I am very open to your suggestions for improving the report. Trusted Media Brands, Inc. 2BCom, LLC v. FCA US LLC.

Reporting 40

Reporting Litigation Patent Intellectual Property Law 40

SpicyIP

JULY 1, 2024

Dabur alleged that these depictions were disparaging their trademarks, infringing their copyright, could mislead viewers and negatively impact their brand. Way Forward These incidents raise pertinent questions about the regulatory frameworks governing advertisements. Anchor ( para 64 )).

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Advertising Advertising Copyright Infringement Trademark 88

Likelihood of Confusion

MAY 12, 2022

Advertising Age reports: “Costly Red Campaign Reaps Meager $18 Million.” ” Walking around New York City, I was impressed with the brand-development demonstrated by this $100 million campaign. Famous, beautiful people. The post Cui?, appeared first on LIKELIHOOD OF CONFUSION™.

Branding 52

Branding Brands Branding Advertising 52

TorrentFreak

JANUARY 3, 2024

Gambling Crackdown Benefits Premier League As reported in 2023 , ISPs in Vietnam periodically receive instructions from the authorities to block or take other action against various sites. As outlined in red, the site reported that live matches were available on Tuesday, but without advertising.

Advertising 108

Advertising Advertising Reporting Copyright Infringement 108

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. Without an official explanation, we can only speculate as to why the operators have decided to adopt another new brand. ” one user writes.

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Brands Branding Branding Advertising 107

TorrentFreak

NOVEMBER 18, 2024

Music industry groups had been trying to take Musi down for months, branding it a ‘parasitic’ app that skirts the rules. The app reportedly generated millions of dollars in advertising revenue per month in the past and there is no evidence that it is in financial trouble now, Apple argues.

Music 73

Music Contracts Advertising Advertising 73

The IPKat

JULY 12, 2024

slime green (now ‘brat green’) in various means of advertising throughout the promotional campaign. The colour was also used in the official album cover, creating a clear connection with the artist’s advertised work and the inauguration of the era it signalled.

Social Media 67

Social Media IP Brands Branding 67

43(B)log

JUNE 19, 2023

14, 2023) Unlimited, an “online non-authorized reseller of consumer products,” sued Red Points for defamation, tortious interference, and false advertising under state and federal law. As you might expect from these preliminaries, Red Points reported two of Unlimited’s listings on eBay as infringing and counterfeit.

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False Advertising Advertising Advertising Reporting 69