Technology & Marketing Law Blog

OCTOBER 9, 2024

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.

Advertising 98

Advertising Advertising Trademark False Advertising 98

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 141

Advertising Advertising Branding Brands 141

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 98

Fair Use Advertising Advertising Branding 98

43(B)log

JUNE 10, 2024

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.,

Branding 72

Branding Brands Branding Marketing 72

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 111

Trademark Advertising Advertising Branding 111

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 94

Advertising Advertising Branding Brands 94

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 122

Advertising Advertising Publishing Music 122

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 105

Branding Brands Branding Trademark 105

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 136

Intellectual Property Advertising Advertising Contracts 136

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

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 145

Privacy Cease and Desist Advertising Advertising 145

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

TorrentFreak

OCTOBER 18, 2022

After obtaining permission from the court in late April, MPA investigators began serving third-party subpoenas on advertising brokers including Amobee, Exponential Interactive, Oracle Corporation, Yahoo Ad Tech, AdSupply, Aragon Advertising, Insticator, and Outbrain, plus Amazon and Google. Arm’s Length Advertising.

Advertising 143

Advertising Advertising Business Reporting 143

43(B)log

OCTOBER 28, 2024

It didn’t get a chance to decide the false advertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which false advertising claims are subjected before reaching a jury; personally, I likely would have gone the other way. It was insufficient to provide: 1.

False Advertising 59

False Advertising Advertising Advertising Design 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 119

Blogging Reporting Privacy Branding 119

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

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 98

Trademark Advertising Advertising False Advertising 98

Trading Secrets

APRIL 20, 2022

Matlock alleges that he was approached by Eastern Standard in 2021 to explore expanding its existing pretzel line with Liege waffles, and the two companies began exploring co-branding opportunities. This case also presents a cautionary tale about the potential dangers of disclosing confidential information in public court filings.

Confidentiality 122

Confidentiality Branding Brands Branding 122

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 104

Advertising Advertising Trademark Intellectual Property Law 104

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

TorrentFreak

JANUARY 3, 2024

That being said, for a subsection of fans, finding the money to gamble while watching Premier League matches on pirate sites doesn’t appear to present as many challenges as finding 175,000 dong to pay the Premier League. As outlined in red, the site reported that live matches were available on Tuesday, but without advertising.

Advertising 124

Advertising Advertising Reporting Copyright Infringement 124

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

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

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

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

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

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. Fashion brands are no strangers to the continuous fight against fake and counterfeit items in the real world.

Law 105

Law Branding Brands Branding 105

The IPKat

DECEMBER 27, 2021

In addition, the notion of ‘counterfeit’ was taken to refer to “ items that look identical to a genuine product with or without the official branding/logo, but are not made by the brand and may be of lower quality, for example, a handbag of identical design to a “Chanel” with or without the Chanel logo.”

Social Media 119

Social Media Reporting Advertising Advertising 119

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 Branding Brands 52

The IPKat

MAY 3, 2022

In this commercial, a (very accurate) look-a-like of Verstappen, wearing the identical racing outfit Verstappen wore in the Jumbo commercial, delivers groceries in Picnic branded lorry, as depicted below. Shortly thereafter, Picnic, a competitor of Jumbo, also launched a commercial. The real or 'fake' Verstappen?

Law 133

Law Advertising Advertising Art 133

Olartemoure Blog

SEPTEMBER 23, 2022

The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. According to the new directives, graphical user interfaces (GUI) must be presented without being associated to a device or screen. Original source in Spanish. 09/22/22 – Consumer Protection.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

The IPKat

SEPTEMBER 12, 2022

Well, NO… but… According to the Collins English Dictionary , a slogan is “ a short phrase that is easy to remember ”, and is “ used in advertisements… who want people to remember what they are saying or selling ”. The public is familiar with receiving such form of advertising messages. Such invitations to take or buy are commonplace.

Registration 116

Registration Advertising Advertising Reporting 116

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

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 98

Trademark Registering Trademarks Advertising Advertising 98

The IPKat

JANUARY 5, 2023

over a TV and radio advertisement which the latter had commissioned on behalf of bottled water brand Brio Blu. Said advertisement featured actor Max Tortora dressed up as popular character Zorro. Hence, a new assessment will need to be conducted to determine if the advertisement at issue would satisfy the conditions above.

Copyright 138

Copyright Law Advertising Advertising 138

IPilogue

NOVEMBER 15, 2022

Regarding the second prong, Rothschild’s counsel pointed to the lack of explicit mention of Hermès in the advertising of the NFTs. Hermès argued that Rothschild’s usage of “MetaBirkin” was akin to a trademark, namely to “brand a product line, and to attract public attention and signify source.”

Trademark Law 105

Trademark Law Trademark Non-Fungible Tokens Law 105

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