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 60

Advertising Advertising Patent Infringement Cease and Desist 60

The IPKat

JULY 7, 2021

Late in May, a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws. you are not one of us! [An you are not one of us!*

Advertising 56

Advertising Advertising Branding Brands 56

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

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.

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 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. Compatibility Assurances If your product serves as an accessory to another company’s product, you can advertise that compatibility.

Advertising 40

Advertising Advertising Branding Brands 40

Trademark and Copyright Law Blog

APRIL 25, 2022

Business is booming for cannabis ventures, but the legal landscape for brand protection and product advertising is rife with complications that demand special consideration. Leveraging alternative IP strategies for brands. Advertising best practices and what not to say. CBD, hemp, and the 2018 Farm Bill.

Advertising 40

Advertising Advertising Trademark Intellectual Property 40

IP and Legal Filings

NOVEMBER 22, 2023

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.

Fair Use 97

Fair Use Advertising Advertising Branding 97

SpicyIP

OCTOBER 9, 2024

In the present case, the Plaintiff, a furniture seller, was selling his products under the brand name ‘Maharaja’ on Flipkart and various other e-commerce websites. Further, the tax invoice of the sale made by third-party sellers also used the brand name ‘Maharaja’. Therefore, no case of passing off could be made. As held in S.

Branding 100

Branding Brands Branding Trademark 100

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.

Trademark 106

Trademark Advertising Advertising Branding 106

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

The IPKat

SEPTEMBER 12, 2023

Owners of luxury trade marks have a strong interest in building and preserving the luxury and prestigious aura around their brands. It sells the perfumes under these brands through a selective distribution system. In February 2018, ALDI SÜD advertised the perfumes in their weekly promotional brochure for Valentine’s Day.

Advertising 117

Advertising Advertising Branding Brands 117

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

The TTABlog

JUNE 21, 2021

Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. However, Barnard's proofs showed only that he advertised his services but not that he rendered the services.

Advertising 52

Advertising Advertising Service Mark Branding 52

Managing IP

DECEMBER 21, 2022

As advertising increasingly shifts to social media, Ranjan Narula and Padmini Paonam of RNA Technology and IP Attorneys explain how to safeguard a brand’s reputation despite the risks presented by the use of influencers.

Social Media 52

Social Media Branding Brands Branding 52

SpicyIP

NOVEMBER 8, 2023

A brand owner’s injunction now depends on the ad’s content, checking if the same confuses or causes blurring or tarnishment. Only then does Google need to take action against the advertisement and not otherwise. DRS , where the court held that ad-words are not inherently violative of trademark rights.

Trademark 59

Trademark Publishing Journalism Copyright 59

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. Nor would amendment be futile.

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

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 Branding Brands 145

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 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 website links that presented Plaintiffs’ trademarks as identical phrases (e.g. Baxter; 996 F.3d 3d 925 (8 th Cir. The parties compete in the market for adjustable air mattresses and related products.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

TorrentFreak

MAY 24, 2024

As publicly advertised, pirate site domains are nominated for placement on the IWL by rightsholder groups such as the MPA, BPI, IFPI, and the Publishers Association. Once police have carried out their own investigations, any domain subsequently added to the IWL finds itself blacklisted by most of the advertising industry.

Advertising 103

Advertising Advertising Publishing Music 103

43(B)log

SEPTEMBER 20, 2024

16, 2024) Plaintiffs alleged that Bayer falsely advertised One A Day Natural Fruit Bites Multivitamin products as “natural” even though they “contain non-natural, synthetic ingredients.” Bayer also argued that plaintiffs failed to present a workable damages model. Bayer Healthcare LLC, 2024 WL 4204921, No. 22-cv-1085-MMA (JLB) (C.D.

False Advertising 52

False Advertising Advertising Advertising Branding 52

Intepat

JUNE 19, 2024

In the Indian jurisdiction, various forms of evidence are presented in court daily and the field of evidence law within our country is governed under the Indian Evidence Act, 1872. All such documents including any electronic record, are presented before the court for inspection. These statements are termed as oral evidence.

Trademark 52

Trademark Advertising Advertising Social Media 52

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.

Advertising 134

Advertising Advertising Branding Brands 134

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

Branding 59

Branding Brands Branding False Advertising 59

Technology & Marketing Law Blog

AUGUST 18, 2024

The event, which I recapped in more detail for another publication, presented an interesting set of questions and opportunity for future development of the conversation around an economy that Goldman Sachs predicts to reach $480 billion by 2027. The advertising revenues may eventually pass through in some portion to creators.

Blogging 107

Blogging Reporting Privacy Branding 107

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. Likewise, if a customer went to the Toyota website, searched for “Honda Civic” and was presented with a list of cars clearly labeled as Toyota Corollas, that person could not think that such presented options included a Honda Civic. LoanStreet v.

Trademark 91

Trademark Advertising Advertising False Advertising 91

43(B)log

JULY 15, 2024

Nike claims that, despite those efforts, StockX sold a number of Nike-branded shoes that were counterfeits. As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” Surely a highly negative control is not a very plausible ad.)

False Advertising 69

False Advertising Branding Brands Branding 69

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 Branding Brands 67

IP and Legal Filings

NOVEMBER 11, 2024

Introduction The brand ‘Haldiram’ has been synonymous with various savouries in India for many years, especially their legendary bhujia. A recent ruling by the Hon’ble Delhi High Court elevated the brand Haldiram as a well-known trademark. 3500 crores were the advertisement expenses and Rs. 5000 were surpassed for sales.

Trademark 66

Trademark Branding Brands Branding 66

SpicyIP

OCTOBER 23, 2024

This marks another order in a series of orders (which are discussed here and here by Srujan Sangai and Prashant Reddy) where the court invokes the test of disparagement, which is used in comparative advertising cases, for setting the threshold for reviewing a product. It must be noted that the guidelines are not binding, however elegant.

Social Media 94

Social Media Advertising Advertising Trademark 94

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

False Advertising 45

False Advertising Advertising Advertising Patent 45

IP and Legal Filings

JUNE 10, 2024

The plaintiffs argued that the in Parle Agro’s label, “For the Bold” was prominently displayed and emphasis was given to the contested tagline in all the advertising campaigns. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court.

Trademark 93

Trademark Registering Trademarks Advertising Advertising 93

SpicyIP

MARCH 8, 2023

The court, however, had a differing view and has clarified that there is no disparagement on grounds of lack of comparative advertisement and permissibility of such disclaimers under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘IT Rules, 2021’).

Advertising 87

Advertising Advertising Trademark Intellectual Property Law 87

BYU Copyright Blog

JUNE 3, 2024

Boyages states that she was an employee of the Athletic Department at the University of Vermont when she was invited to be part of a new brand working group in January 2023. Boyages presenting the art design to the working group, the University started using the logo in its products and advertised it as one of its brands.

Copyright 52

Copyright Art Social Media Designs 52

TorrentFreak

JUNE 9, 2023

billion users overall and around 120 million users active daily, YouTube is an entertainment powerhouse and a globally-recognized brand. The most visible cost to the user is advertising, lots and lots of advertising. With an estimated 2.5 Premium products aside, YouTube is free to use.

Privacy 140

Privacy Cease and Desist Advertising Advertising 140

TorrentFreak

OCTOBER 25, 2022

The IWL is shared among brands, advertising companies, agencies and affiliates, who are informed that responsible companies boycott pirate sites because it a) protects their image and b) starves pirate sites of much-needed cash. Total number of brands and total number of advert intermediaries.

Intellectual Property 124

Intellectual Property Advertising Advertising Contracts 124