Technology & Marketing Law Blog

JULY 23, 2024

Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. Paperback buyers can get a free PDF file by emailing me a copy of their receipt showing which edition they bought. Preface Chapter 1: Overview Chapter 2: What is an Advertisement?

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Editing Advertising Advertising Marketing 98

Intepat

FEBRUARY 3, 2025

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.

Branding 59

Branding Brands Branding Trademark 59

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.

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IP Intellectual Property Reporting Branding 264

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.

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Advertising Advertising Branding Branding 145

43(B)log

MAY 19, 2023

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

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Copying False Advertising Social Media Advertising 94

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. Just complete this form to receive a copy of the book.

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Copying Branding Branding Brands 52

Technology & Marketing Law Blog

OCTOBER 9, 2024

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. Whatever legal ambiguity might have existed then has been decisively resolved, at least with respect to competitive keyword ads that don’t use the trademark in the ad copy. Google (4th Circuit).

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Advertising Advertising Trademark False Advertising 98

TorrentFreak

JANUARY 16, 2025

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.

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Copyright Infringement Copyright Advertising Advertising 109

JD Supra Law

APRIL 1, 2024

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.

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Advertising Advertising Social Media Copyright 75

IP and Legal Filings

SEPTEMBER 12, 2024

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.

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Branding Branding Brands Trademark 98

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.

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Business Trademark Cease and Desist Branding 130

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.

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Advertising Advertising Branding Branding 125

Plagiarism Today

OCTOBER 26, 2021

This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. Bringing us back to our Juice Demon, the elements that are copied include the striped suit and tie. The second limitation is masks. Bottom Line.

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Trademark Copyright Cease and Desist Copying 279

IP and Legal Filings

AUGUST 28, 2023

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.

Branding 98

Branding Branding Brands Trademark 98

TorrentFreak

JANUARY 8, 2025

This brand has been around for many years as new versions typically come online when others are taken offline. — A copy of the USTRs 2024 Review of Notorious Markets is available here (pdf). The USTR’s report now lists Cuevana.biza after being nominated by the movie industry. But it’s worth pointing out anyway.

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Reporting Marketing Marketing Social Media 109

Technology & Marketing Law Blog

DECEMBER 10, 2023

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.

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False Advertising Advertising Advertising Marketing 95

TorrentFreak

DECEMBER 2, 2021

In pirate streaming, in part due to the way sites tend to copy each other’s branding, obvious long-standing players are less easy to identify. Defendants use the Copyrighted Works as the bait to lure the largest possible audience, so that Defendants will profit from advertisements shown to their users.

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Advertising Advertising Copying Copyright Infringement 139

TorrentFreak

NOVEMBER 30, 2022

Hollywood believes that these ‘cam’ copies cause significant damage to the cinema industry, an opinion shared by the UK’s Film Distributors’ Association. Sources confirm that the copies were traced back to two multi-screen cinemas, both of them in Liverpool, the location mentioned by PIPCU.

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Cinema Intellectual Property Copying Government 145

SpicyIP

AUGUST 31, 2023

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.

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Trademark Advertising Advertising Brands 111

43(B)log

JULY 23, 2024

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. Paperback buyers can get a free PDF file by emailing me a copy of their receipt showing which edition they bought. Preface Chapter 1: Overview Chapter 2: What is an Advertisement?

Editing 52

Editing Advertising Advertising False Advertising 52

The IPKat

NOVEMBER 22, 2022

On the occasion of the opening of a new store in NY, the well-known clothing brand created a collection of NFTs based on digital copies of works of famous artists such as Miró, Tàpies and Barceló, incorporating various outfits of the collection available at the store, to be displayed in the Decentraland Metaverse, at the coordinates 16.78

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Artistic Work Artwork Public Domain Art 144

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.

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Fair Use Copyright Artwork Social Media 109

TorrentFreak

SEPTEMBER 28, 2021

These films eventually end up online, often with branding from gambling companies, who appear to see these releases as a great advertising venue. — A copy of IIPA’s response to USTR’s request for comments concerning Russia’s Implementation of its WTO Commitments is available here (pdf).

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Copyright Advertising Advertising Copying 145

TorrentFreak

FEBRUARY 16, 2023

The site offered downloads and streams of roughly 12,000 pirated copies of movies and 26,000 TV shows. The true purpose of the site was obvious and its operators publicly advertised it as the best way to watch entertainment without paying. This free-for-all approach generated serious advertising revenues for the site.

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Advertising Advertising Copying Intellectual Property 145

Traverse Legal Blog

MARCH 3, 2021

There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands. We represent agencies, marketing agencies trying to line up influencer campaigns for their clients, for brands. Seems simple right?

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Marketing Marketing Branding Branding 81

TorrentFreak

JANUARY 28, 2025

Negative exposure in the media has direct implications for image and branding. Additional risk of polluting or even displacing otherwise positive articles, could jeopardize what amounts to free advertising worth millions of dollars. Even for Nintendo, suing every infringer isn’t just impractical.

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Social Media Litigation Copyright Copyright Infringement 103

TorrentFreak

JULY 20, 2022

When a lawsuit directly attacks a site’s ability to operate using specific domains or branding, for example, the ‘hydra effect’ comes into play. Of course, websites are easily copied so the MPA’s investigation went beyond graphics and text. Another term referencing a similar problem relates to piracy platforms.

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Advertising Advertising Business Copying 145

Traverse Legal Blog

MARCH 26, 2025

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.

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Branding Branding Brands Marketing 52

azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Some will copy blatantly, others are more savvy so will copy what they calculate they can get away with.

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Branding Branding Brands Copying 52

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.

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Branding Branding Brands Trademark 52

43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived.

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False Advertising Contracts Advertising Advertising 52

Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. Defendant no. Vini Cosmetics Pvt.

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Intellectual Property Advertising Advertising Branding 52

TorrentFreak

NOVEMBER 1, 2021

The group offered hardware and software solutions that allowed people to install and play unofficial games and pirated copies on various consoles, including the popular Nintendo Switch. Among other things, he allegedly advertised and trafficked circumvention devices, while maintaining regular contact with resellers throughout the world.

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Government Advertising Advertising Copying 145

43(B)log

APRIL 29, 2024

Thingiverse cube Kitchen Cube made and sold copies of the Cube. 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.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

TorrentFreak

NOVEMBER 24, 2022

All of these sites have long since disappeared, but interestingly their brands live on. It’s perhaps fitting that sites that relied heavily on copying are being copied themselves; the original operators can hardly complain about that. According to various estimates, Putlocker.com still has roughly 4,000 visitors per day.

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Advertising Advertising Copying Registration 125

43(B)log

APRIL 25, 2023

A jury found that defendant HBI engaged in unfair competition and violated the Illinois Uniform Deceptive Trade Practices Act (IUDTPA” in its packaging and promotional activities for its RAW Organic Hemp branded tobacco rolling paper products. There was no special verdict form.

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False Advertising Advertising Advertising Law 59

The IPKat

APRIL 10, 2025

Panel 1: It looks like lookalikes are no longer liked: has the Court of Appeal moved the dial in favour of brand owners? Alessandros Katpost on Lidl v Tesco here] The relevance of comparative advertising law has increased. Overall, there was a strong sense that the dial has shifted in favour of trade mark owners and brands.

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Reporting IP Branding Branding 59