JD Supra Law

DECEMBER 14, 2023

In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers alike. By: ArentFox Schiff

Contracts 79

Contracts Advertising Advertising Branding 79

Technology & Marketing Law Blog

DECEMBER 18, 2021

The court rejects the plaintiffs’ attempts to create single-brand markets. Query: if the only newspaper in town decides which advertisements may properly be posted or which advertisements to accept, does a rejected advertiser suffer an anti-trust injury? Breach of Contract. Implications.

Reporting 119

Reporting Law Contracts Advertising 119

IPilogue

JULY 15, 2021

Beavan told Variety that Disney discussed co-branded products for Target and Singer Corporation as well as a possible fashion collection. Then, in May 2021, the fashion brand Rag & Bone advertised a new, officially-licensed Cruella -inspired collection—without Beavan’s knowledge or attribution.

Licensing 105

Licensing Contracts Designs Design 105

43(B)log

FEBRUARY 3, 2025

30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I will focus only on some false advertising-relevant rulings. brewer works only with Keurig brand or licensed pods) but some did not (e.g., I prefer the taste of Keurig or Keurig-licensed brands.).

False Advertising 52

False Advertising Advertising Advertising Licensing 52

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Interestingly, Plaintiffs plead no facts about the terms of their contracts with the designers who hire them to work the runway; the court acknowledges the very real possibility that those contracts govern how images captured from a fashion show are used.”)

Advertising 64

Advertising Advertising Designs Design 64

The IPKat

OCTOBER 8, 2024

In a case involving a patent for herbicide compositions, the UPC Munich Local Division was asked to consider whether the alleged infringer's marketing of a product within the Contracting Member States under the same brand name as a clearly infringing product sold outside the Member States created a risk of first (or imminent) infringement.

Advertising 64

Advertising Advertising Patent Infringement Cease and Desist 64

43(B)log

APRIL 29, 2024

It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times. The breach of contract claim survived. False advertising: Only ok against Kitchen Cube.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

TorrentFreak

NOVEMBER 14, 2023

Defendants’ illegal, fraudulent scheme harms consumers, third-party businesses, and Google; stifles competition; and threatens to tarnish Google’s trusted brand.” That damages the company’s search engine advertising business, and the business Google’s customers hoped to attract.

Advertising 145

Advertising Advertising Business Copyright 145

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 Brands Branding Marketing 52

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

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

The IPKat

JULY 18, 2021

Expand creator rights with contract restrictions Issue : The report states that the music industry market is an oligopsony - when a market is dominated by a small number of large buyers, which concentrates demand and keeps prices down at the expense of the sellers. Plot twist!

Music 139

Music Contracts Reporting Government 139

Intepat

APRIL 10, 2022

Overall, the MSME scheme fosters the growth and development of these enterprises and assists them to flourish among existing top brands. Trademarks will build trust and increase the reputation of the brand in the minds of customers. This will enable MSMEs to stand out among large-scale corporate brands. Registration fee.

Registration 98

Registration Trademark Branding Brands 98

IP Law 360

SEPTEMBER 14, 2023

Since the Association of National Advertisers recently updated its master media buying services template agreement, brand owners should consider how their contracted agencies are using artificial intelligence to create and implement campaigns and media purchases, say Kyle-Beth Hilfer and John Miranda at Cowan Liebowitz.

Branding 40

Branding Brands Branding Contracts 40

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. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. by guest blogger Prof. Guy Rub , The Ohio State University Michael E. ML Genius v.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. ” This is a highly defense-favorable reading of the contract provision. eBay case from 2008. ” Limitation of Liability.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

LexBlog IP

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 52

Marketing Marketing Contracts Branding 52

The IPKat

NOVEMBER 29, 2021

Whilst there are conflicting views as to whether this technological concept should be taken seriously, it is without a doubt that metaverse is appearing more frequently in company’s branding efforts. The Fashion Law recently wrote a post specifically discussing what the metaverse means for trade mark owners.

Blogging 78

Blogging IP Contracts Reporting 78

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Steps Brand Owners Can Take to Deal With Brandjacking on Social Networks.

Social Media 119

Social Media Ownership Business Branding 119

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. See, e.g., E-Ventures Worldwide, LLC v. Google, Inc. , 3d 1265 (M.D. eBay, Inc. ,

False Advertising 141

False Advertising Contracts Editing Advertising 141

43(B)log

FEBRUARY 4, 2022

False advertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”

False Advertising 64

False Advertising Advertising Advertising Design 64

TorrentFreak

JANUARY 31, 2023

This material includes legitimate videos from official Pornhub models, as well as thousands of videos that are copyrighted by MindGeek, such as the Brazzers and Reality Kings brands. This content is freely available and monetized through advertisements. In response, MindGeek subsidiary MG Premium dismissed the document as fraudulent.

Copyright Infringement 114

Copyright Infringement Contracts Ownership Copyright 114

The IP Law Blog

AUGUST 12, 2021

Many companies, intentionally or unintentionally, have language in their contracts that would severely prejudice the athletes in the future. Put another way, the company is only paying the athlete for the express term of the contract, but it will be able to use the athlete’s NIL forever. How is that fair?

Intellectual Property 98

Intellectual Property Licensing Social Media Contracts 98

SpicyIP

APRIL 6, 2023

[ This two-part post has been co-authored by Kartik Sharma and Aditya Singh, analysing the Delhi High Court decision in Intercontinental Great Brands v. In Intercontinental Great Brands versus Parle Product Private Limited, the DHC passed an interim order restricting Parle from using ‘Fab!o’ Parle Product Pvt.

Branding 105

Branding Brands Branding Trademark 105

Technology & Marketing Law Blog

OCTOBER 6, 2022

As appealing as an opportunity to cash in on their clients’ fame by extracting payments video game makers, clothing brands , or other firms may be, the overwhelming majority of tattooers recognize that clients should control their own bodies and likenesses. Tattoo Advertising/Human Billboards. Warner Bros. Copyright in Tattoos.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

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

TorrentFreak

JUNE 18, 2022

Disney doesn’t publicly commit to a salary for this 12-month fixed-term contract so if music is more your thing, Universal Music Group is also looking for a new recruit. The position of ‘Anti-Piracy Analyst’ is being offered by brand protection/anti-piracy company Corsearch. Movies and Music.

Cinema 145

Cinema Non-Fungible Tokens Music Business 145

TorrentFreak

NOVEMBER 12, 2022

Once the police have conducted their own investigations, any domain added to the IWL finds itself blacklisted by the advertising industry and then shared as part of the full list with other stakeholders, rightsholders, and anti-piracy groups. GitHub probably won’t be too alarmed about advertising issues on GitHub.io

Advertising 104

Advertising Advertising Reporting Intellectual Property 104

SpicyIP

JANUARY 13, 2025

In this post, Yogesh Byadwal argues that these terms of use also offer an insight into the practice of expanding copyright using Contract Law. In 2023, the plaintiff came across a hotel based in Mumbai, India under the trade name HOTEL PRIME MARRIOT with the exact spelling of ‘MARRIOTT’ as used by the plaintiff in its brand.

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

The IPKat

SEPTEMBER 19, 2022

According to Wanjiru, Machakos University infringed her intellectual property rights, image rights, right to privacy and human dignity by using her photograph (taken by the university during Wanjiru’s graduation) in advertising and marketing of the computer packages courses it offers.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

Technology & Marketing Law Blog

JUNE 20, 2024

The photo depicts two children (“Brave” is the one on the right) at the 1 Hotel in West Hollywood wearing the hotel’s branded robes. Other arguments fail because “there is value in Minor Plaintiffs’ image and likeness, which Defendants then used for the purpose of commercial advertising and sales. Implications.

Social Media 105

Social Media Copyright Licensing Advertising 105

TorrentFreak

JANUARY 31, 2023

This material includes legitimate videos from official Pornhub models, as well as thousands of videos that are copyrighted by MindGeek, such as the Brazzers and Reality Kings brands. This content is freely available and monetized through advertisements. In response, MindGeek subsidiary MG Premium dismissed the document as fraudulent.

Copyright Infringement 98

Copyright Infringement Contracts Ownership Copyright 98

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. August 26, 2021].

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

IP Tech Blog

FEBRUARY 1, 2023

The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 48

Advertising Advertising Branding Brands 48

The IPKat

SEPTEMBER 24, 2021

The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria.

Ownership 91

Ownership Artistic Work Contracts Copyright 91