This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
This one-hour CLE session focuses on defending against false advertising and trademark claims, providing practical strategies for brand owners facing allegations of misleading advertising or trademark infringement.
The following is an edited transcript of Chapter 21 of my book video Building a Bold Brand: Small Business Concerns Small businesses are just as capable of creating and building great brands as big businesses are. All a business really needs is some creativity and wit so that it can begin building a bold brand via a great name.
The following is an edited transcript of my video Examples of Great Branding – to see the images and logos, watch the video below. I want to share several examples of great branding that I’ve encountered lately. They use the logo to reinforce the brand over and over again, in both direct and subtle manners.
With Gen Zs growing influence on global eCommerce, their attitudes toward counterfeiting present both a challenge and an opportunity for brands. In his previous role as Head of Digital IP Enforcement for Tommy Hilfiger , Alastair lead the global strategic operations for brand protection, encompassing both online and offline actions.
The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. In an aesthetic-driven industry, these marks are very important for differentiating one brand from another.
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. Interestingly, the MPA also reported the advertising company PopAds as a notorious piracy market.
The vast majority are brand names, logo, and slogans. The commercials that they run the content of those commercials and advertisements is a copyrighted work protected by copyright. For patents, there is no symbol, but you will often see fine print about patent pending or patent registration number.
These VPN providers emphasize in advertisements that they delete their end users’ log access records so their identities will never be disclosed to copyright owners or law enforcement. Soon after, VeePN started to promote itself in relation to the Popcorn Time brand, the lawsuit alleges. which promoted itself as the Popcorn Time VPN.
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?
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.
Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between this and comparative advertising. To prevent legal disputes, caution must be exercised to differentiate between the two.
issued a significant order directing for a permanent injunction and INR 5,00,000 as damages to Louis Vuitton for the unauthorized use of the brand’s copyrighted photos and promotional materials on the website [link]. This is the sale of products that are sold legally, but without the brand’s permission. www.haute24.com com & Ors.
Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? Moment marketing” refers to a strategy where brands can take advantage of ongoing events to gain relevance, and especially for some of the sheen of patriotic athletic victories to wear off on them.
According to the complaint, Atlas Van Lines was founded in 1948 and has become a globally recognized brand, with over 430 independent agencies and partners in 140 countries. They own trademarks related to “Atlas,” which have been heavily promoted through advertising, online presence, and community engagement.
The metaverse virtual world is a shiny new sandbox for brands to play in. Just as sponsored content dominates social media, so too will advertising blanket the metaverse. Platform terms and features for branded content on social media is quite developed, but that is not yet the case for the metaverse.
Rebecca Tushnet 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.
The app in question uses popular piracy brands such as “Gomovies” and “123movies” in its name, and lives up to expectations. Users who manage to crawl through a web of advertisements eventually have access to a wide range of popular movies and TV-shows. It’s clearly not perfect, however.
3: Advertising Fuels $1.34 billion annually through advertising. billion annually through advertising. This advertising is coming from a wide variety of sources, including major brands and Fortune 500 companies, and that the larger pirate sites can receive tens of millions of dollars per year.
In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches.
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.”
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.
Now is a good time for brand owners who are planning promotional activities related to the Olympic games, or have endorsement agreements with Olympic athletes, to review the rules and make sure they are in compliance with advertising “dos and don’ts.” The Olympics are coming! Olympic Committee (“USOC”) have their own guidelines.
Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.
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.
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.
When we think about trademark disputes, we often imagine a small company trying to imitate a bigger, well-known brand. Because the big company has more resources for marketing and advertising, it overwhelms the smaller business’s brand identity. What Is Reverse Confusion Theory? But reverse confusion flips this scenario.
A properly maintained copyright portfolio is essential to any successful brand owner. Copyright can extend to advertisement copy, manuals, visuals, art, photography, storyboards, scripts, film, video, online components, mobile apps, social media posts, websites, music, developed characters appearing in ads, and logos. By: Venable LLP
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.
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.
Brands’ social media feeds are getting attention lately, but not always for the right reasons. We’ve covered social media advertising risks in our ADventures in Law blog before. By: BakerHostetler
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.
In recent years, the advent of the social media “influencer” has revolutionized advertising. Likewise, influencers create certain content to secure brand deals and attract advertisers. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience.
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.,
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.
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.
Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.
INTRODUCTION A distinct scent has immense recall value and the potential to become a powerful identifier of a brand. Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. billion in 2025.
For IndiGo, the 6E callsign has been an integral element of the official designator and a brand identifier for the past 18 years. Notably, 6E has become a dominant feature and exclusive to the Indigos brand and its associated services. IndiGo has also secured registration for the word mark 6E Link under multiple classes in 2015.
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.
This guide outlines exactly what you canand can’tsay, helping you build a secure and compliant brand. Lets break down whats at stake, what you can and cant say, and how to build a strategy that protects your content, brand, and bottom line. FDA compliance for supplements is not easy. Luckily, our Amazon lawyers are here to help.
Perhaps you only have one core trademark or perhaps you’re building a portfolio and helping create an entire synthesized brand. Finally, in internet keywords; on your website; in the coding to help attract traffic related to your brand. On media kits; on folders; in brochures; on travel bag tags.
That’s fine, but when others use the same brand and content to attract users, a line is clearly being crossed. The unauthorized games versions were advertised as “Poppy Playtime: Chapter 3” and “Poppy Playtime: Chapter 4” and allegedly contain many works protected by Mob Entertainment’s copyright.
The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive. More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. However, Edible invoked theft law and disavowed consumer confusion.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content