IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. Emerging technologies for better Trademark Protection Several challenges occur along the way as the companies establish their brand presence domestically and internationally.

Branding 105

Branding Brands Branding Technology 105

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. And defendants’ dolls were “virtually identical” in shape to Roblox’s avatars.

Copying 94

Copying False Advertising Social Media Advertising 94

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

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

DECEMBER 22, 2022

In particular, this may be the case where an online marketplace displays its own logo on the advertisements of third-party sellers and it carries out the storage and shipping of the third party goods in question. For example, how is the operator displaying its advertisements (e.g., The press release is here (French only).

Advertising 143

Advertising Advertising Marketing Marketing 143

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

Olartemoure Blog

FEBRUARY 10, 2024

the Super Bowl moves billions of dollars, mainly through advertising. The National Football League (NFL) , organizers of the event, have created and grown the brand of the Super Bowl to what it is today. Arguably the most important sports event in the U.S.A., THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”.

Cease and Desist 105

Cease and Desist Trademark Advertising Advertising 105

Kashishipr

NOVEMBER 3, 2021

Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner. Sadly, targets of genericization are often successful brands whose goods were or are market leaders in their sector. One advertisement of ESCALATOR, for example, began as “Otis elevators, Otis escalators.”

Trademark 105

Trademark Branding Brands Branding 105

TorrentFreak

OCTOBER 26, 2022

The RIAA also carved out a brand new category this year, labeled AI Based Extractors/Mixers. Most of the sites branded as notorious markets by the RIAA remain quiet but Songmastr, Acapella-extractor and Remove-Vocals, which are all operated by the same person, sent a rebuttal to the USTR which was published this week.

Music 145

Music Copyright Infringement Copyright Branding 145

IP Tech Blog

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 57

Advertising Advertising Blogging Branding 57

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?

Marketing 81

Marketing Marketing Branding Brands 81

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. When pirates or their links appear in one place, they can quickly reappear in another. Another term referencing a similar problem relates to piracy platforms.

Advertising 145

Advertising Advertising Business Copying 145

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

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

Erik K Pelton

JULY 31, 2020

It could sometimes include a business card if it references the service. Say you’re a realtor or an attorney and the business card makes some reference to the actual nature of the work, as well as the trademark of the brand name that would generally be acceptable. It could include a brochure.

Trademark 130

Trademark Advertising Advertising Editing 130

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

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

LexBlog IP

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 52

Advertising Advertising Blogging Branding 52

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.” Champion v. Moda Operandi, Inc., 3d -, 2021 WL 4340670, No.

Advertising 64

Advertising Advertising Design Designs 64

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

Copyright 107

Copyright Advertising Advertising Trademark 107

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

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

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. W-22-CV-00777-ADA-DTG (W.D.

False Advertising 59

False Advertising Advertising Advertising Patent 59

SpicyIP

JULY 1, 2024

Dabur alleged that these depictions were disparaging their trademarks, infringing their copyright, could mislead viewers and negatively impact their brand. Interested readers can also refer to Srujan’s post for more on this.) Way Forward These incidents raise pertinent questions about the regulatory frameworks governing advertisements.

Advertising 105

Advertising Advertising Copyright Infringement Trademark 105

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

Artistic Work 144

Artistic Work Artwork Public Domain Art 144

43(B)log

AUGUST 25, 2022

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

IP and Legal Filings

AUGUST 4, 2022

Trademarks refer to an identifiable phrase, word, or symbol or a combination of these that represents a particular product or service and differentiates it with another product or service. The brands need to identify the Class under which they can register their trademark, and this is done through the NICE Classification adopted by India.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Social Media 98

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 invitation conveyed could also refer to a variety of five different types or flavours sold in one pack.

Registration 116

Registration Advertising Advertising Reporting 116

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

NOVEMBER 11, 2021

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Lastly, trademarks are pivotal for commercial purposes such as sales and advertisements. Moreover, trademarks also add to the brand value of a particular product or service.

Trademark 98

Trademark Cease and Desist Branding Brands 98

IP Tech Blog

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. The posts referred to the CBD product helping individuals with anxiety and insomnia and contained discount codes.

Social Media 57

Social Media Advertising Advertising Branding 57

TorrentFreak

NOVEMBER 1, 2021

Among other things, he allegedly advertised and trafficked circumvention devices, while maintaining regular contact with resellers throughout the world. The conspiracy, which also includes co-defendants Max Louarn and Yuanning Chen, used various brands including “Team Xecuter,” “Axiogame.com,” “Maxconsole.com,” and “China Distribution.”

Government 145

Government Advertising Advertising Copying 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

IP and Legal Filings

NOVEMBER 15, 2021

Deep linking refers to the process wherein a link bypasses the home page and directly goes to the page within the linked site. A domain name can be referred to as a combination of typographic characters that are used to indicate the location of a particular space on the internet. However, this can often prove to be disadvantageous.

Copyright Infringement 97

Copyright Infringement Business Copyright Trademark 97

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. Protecting brand identifiers is the way to avoid the possibility of consumer confusion as to the source or origin of a brand.

Branding 52

Branding Brands Branding Copying 52

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. Other furniture sellers, latching on to Maharaja’s listing, used Plaintiff’s product image as well as brand name and tagged themselves as the alternative sellers of the goods.

Branding 105

Branding Brands Branding Trademark 105