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.

Fair Use 102

Fair Use Copyright Artwork Social Media 102

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. For background on the legal battles over keyword advertising by lawyers, see this article. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

Advertising 90

Advertising Advertising False Advertising Trademark 90

Technology & Marketing Law Blog

MARCH 13, 2022

Las Vegas Skydiving Adventures offers tandem skydiving under the “Fyrosity” brand. Melwani sells products under the “Royal Silk” brand. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. It has never offered its services through Groupon.

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Trademark Advertising Advertising Settlement 87

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 87

Trademark Advertising Advertising False Advertising 87

SpicyIP

JULY 1, 2024

In light of the recent settlement between Youtuber Dhruv Rathee and Dabur in a trademark and copyright infringement dispute, SpicyIP intern Aarav Gupta writes on how use of a mark in commentaries and critiques should not amount to infringement and highlights the larger public interest in such commentaries/ critiques. Anchor ( para 64 )).

Advertising 95

Advertising Advertising Copyright Infringement Trademark 95

Technology & Marketing Law Blog

AUGUST 17, 2021

However, “[b]ecause meta tags direct internet traffic and are invisible to the internet user (absent the user taking additional steps), meta tags are similar to keyword advertising” (citing a non-precedential metatags opinion from 20 years ago). More Posts About Keyword Advertising. Distraction is insufficient. OK, I guess.

Advertising 105

Advertising Advertising Trademark Settlement 105

The IPKat

SEPTEMBER 30, 2024

The "Easy" group is famously protective of its trade marks, and does not shy away from suing other companies using "easy"-formative brands. EasyGroup, on the other hand, relied on certain registrations which it acquired from a third party as part of a settlement following another(!) The Court disagreed.

Advertising 64

Advertising Advertising Registration Branding 64

Technology & Marketing Law Blog

AUGUST 18, 2024

The advertising revenues may eventually pass through in some portion to creators. Both creators and brands could benefit from transparency around algorithmic decisions that drive content distribution. It’s well-established that creators bring valuable content to platforms.

Blogging 102

Blogging Reporting Privacy Branding 102

LexBlog IP

FEBRUARY 20, 2023

.” The agency stated in a press release that “boosting your products by hijacking another product’s ratings or reviews is a relatively new tactic, but is still plain old false advertising.” And giving brands a chance to react? ” And it cost Nature’s Bounty $600,000. Let’s unpack this.

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False Advertising Branding Brands Branding 52

The IPKat

FEBRUARY 21, 2024

The book examines how the advertising, merchandising, film and television, and sports video-games industries use persona as a key component of their products. In the UK…they often go beyond what is legally required in terms of seeking permission to use persona, or pay little head to the Advertising Codes. The code can be found below.

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Television Advertising Advertising Social Media 64

TorrentFreak

MARCH 18, 2023

While sites returning under new branding may play some role in these persistently high numbers, the fact that full-blown pirate sites can now be deployed in minutes could be a more significant factor. One is to interfere with a platform’s ability to generate revenue through advertising.

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Reporting Advertising Advertising Settlement 94

LexBlog IP

AUGUST 25, 2022

The enforcement action alleged that Sephora permitted third parties to create customer profiles that included details related to the brand of their laptops or concealer and eyeliner to use for targeted advertising without consumer knowledge or consent. Sephora must pay $1.2 million in penalties and implement a CCPA compliance program.

Privacy 40

Privacy Settlement Advertising Advertising 40

IP and Legal Filings

OCTOBER 26, 2023

This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains. Post serving such notice the small entity is forced for settlement because getting into a legal battle would be a disadvantageous step financially. comcountering all the claims by bigbasket.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105

TorrentFreak

FEBRUARY 1, 2024

TEI), the company behind various H3-branded channels, filed a counter-complaint against counter-defendant Triller. Claire, sent a press release to various media outlets that advertised and promoted Triller’s amnesty program. For its part, Triller disagrees, bitterly. Last week, Ted Entertainment, Inc.

Copyright Infringement 83

Copyright Infringement Advertising Advertising Copyright 83

TorrentFreak

DECEMBER 26, 2022

Five years ago , several of the world’s largest entertainment industry companies teamed up to create a brand new anti-piracy coalition. In addition, advertising companies and payment processors help to cut off revenue to pirate sites and services, when appropriate. Collaborating with Governments and Law Enforcement. all over the globe.

Cease and Desist 137

Cease and Desist Government Confidentiality Settlement 137

Greenspoon Marder LLP

MARCH 27, 2018

Sometimes the works in question are reproduced on clothing, other times the works are featured in advertising and marketing campaigns. A well-known street artist known as Rime has filed lawsuits against prominent designers Vince Camuto and Moschino, both which ended in settlements. The terms of the settlements were not disclosed.

Copyright Infringement 52

Copyright Infringement Copyright Settlement Advertising 52

LexBlog IP

APRIL 11, 2022

But we are here today to talk about the most recent settlement s involving textiles labeled “made from bamboo.” The broader issue is whether all brands should reassess their general green claims to make sure they are appropriately qualified. One group paid $1.26 million collectively and another second paid $1.3

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Settlement Blogging Branding Brands 52

43(B)log

JANUARY 5, 2024

While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength. Indeed, in an internal marketing presentation from January 4, 2022, Plaintiff itself used words like, “plain…bored…uninspired…nondescript…[and] sterile” to describe the brand identity of its acronyms.

Branding 59

Branding Brands Branding Marketing 59

43(B)log

SEPTEMBER 7, 2021

and [the] Coach” brand. accused product another another The subsequent stipulation to a permanent injunction did not cover the registrations, but there is apparently a confidential settlement agreement that may have covered them. Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

TorrentFreak

APRIL 29, 2022

A month later, DISH and NagraStar followed up with a new lawsuit claiming that former SetTV operators Jason LaBossiere, Sean Beaman, and Stefan Gollner had launched three new pirate IPTV services/brands. billion dollar company will stop at nothing to bully people into settlements to help its bottom line.”

Television 64

Television Licensing Branding Brands 64

SpicyIP

JULY 8, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the DHC’s direction to frame a code of conduct for Patent and Trademark Agents, MHC’s decision on prior arts, and the settlement between Dabur and Dhruv Rathee of their trademark and copyright dispute. Metro Brand Ltd.

Invention 59

Invention Art Trademark Patent Application 59

43(B)log

JUNE 20, 2022

From 2011 to now, defendants continued to sell music and merchandise and to promote music videos and other media under the Darkside name, including creating a website to advertise their music and distributing sound recordings through Spotify, YouTube, and SoundCloud. The complaint showed otherwise: negotiations stopped in 2014.

Music 59

Music Branding Brands Branding 59

LexBlog IP

OCTOBER 4, 2022

As described by SEC Chair Gary Gensler, Kim Kardashian’s June 2021 Instagram post was not a generic product advertisement. ” Read the SEC’s settlement order here. Rather, her post dealt with promoting a “crypto asset security” which implicates U.S. ARE SOCIAL MEDIA INFLUENCER PROMOTIONS DEAD?

Social Media 52

Social Media Intellectual Property Business Registration 52

LexBlog IP

SEPTEMBER 2, 2022

In fact, the individual who provided the fake reviews entered into a settlement of the case against him for $100,000 at the same time the lawsuit was filed. While the Roomster case is proceeding as a civil action, many state false advertising and unfair business practices laws also provide for potential criminal penalties.

False Advertising 52

False Advertising Settlement Publishing Law 52

JIPL Online

APRIL 9, 2021

Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] xi] See Diana Bradley, 5 Brands Insert Themselves into the Viral ‘Distracted Boyfriend’ Stock Picture , PRWEEK (Aug. xii] See, e.g., Skager, supra note i. xv] See 35 U.S.C. § 102(a) and (b).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

FEBRUARY 13, 2023

Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. Case: Kentucky Fried Chicken vs The Registrar Of Trade Marks on 7 February, 2023 (Delhi High Court) Delhi High Court set aside the impugned order and directed the Respondent to advertise KFC’s Chicken Zinger trademark. Check out the post for more details.

Designs 52

Designs Design Trademark Cease and Desist 52

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Coinciding with this announcement, FDA issued draft guidance addressing promotional labeling and advertising considerations for prescription biological reference and biosimilar products. 1, 2020 and regulates anticompetitive patent settlements. BI pointed to Humira (adalimumab) as an example.

Settlement 40

Settlement Licensing Designs Design 40

SpicyIP

MAY 20, 2024

The defendant claimed defence under comparative advertising, that it does lead to disparagement and that the plaintiff does not hold registration over the blue colour in question. Intergrow Brands Pvt. The plaintiff claimed that their blue coloured product trade dress is iconic and distinctive and Nivea is a well-known trademark.

Trademark 45

Trademark Advertising Advertising Copyright 45

Greenspoon Marder LLP

SEPTEMBER 25, 2017

In a recent development, Explorer Travel Consultants entered into a settlement with Delta (which is not an admission of any wrongdoing) which bars it, its owner, and Tripsavor from selling or marketing any Delta products or services and claims of any affiliation with the airline.

Business 52

Business Trademark Settlement Marketing 52

Technology & Marketing Law Blog

OCTOBER 23, 2024

This is a major ruling validating the legitimacy of competitive keyword advertising, which occurs when an advertiser purchases and displays ads triggered in response to third-party trademarks. Recently, the “ Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising.” ” (OUCH).

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Trademark Advertising Advertising False Advertising 93

LexBlog IP

SEPTEMBER 15, 2022

On September 8, 2022, the parties filed a notice of settlement. January 2022: Rapper Lil Yachty (real name: Miles Parks McCollum) sues NFT seller Opulous for trademark infringement based on Opulous using his name and likeness as part of a “Lil Yachty NFT Collection” advertising access to his new music. Miramax, LLC v.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Technology & Marketing Law Blog

JULY 25, 2021

lululemon’s brand also displays prominently in its keyword ads. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Perfect Body Image. * The Florida Bar Regulates, But Doesn’t Ban, Competitive Keyword Ads. * Rounding Up Three Recent Keyword Advertising Cases–Comphy v.

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Advertising Advertising Settlement Trademark 110

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. This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. by guest blogger Prof. Guy Rub , The Ohio State University Michael E.

Blogging 96

Blogging Contracts Copyright Law Copyright 96

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

No earlier than July 31, 2023 per settlement. No earlier than November 20, 2023 per settlement. . No earlier than June 30, 2023 per settlement. No earlier than September 30, 2023 per settlement. No earlier than July 1, 2023 per settlement. No earlier than January 31, 2023 per settlement. January 2021.

Litigation 52

Litigation Settlement Marketing Marketing 52

IP and Legal Filings

OCTOBER 23, 2024

A brand’s name, particularly when it takes the shape of a trademark, can define its identity, reputation, and value, making it an asset that is valuable to safeguard. Trademarks are unique “marks”, names, symbols, signs, words or phrases that define a brand or company’s products or services.

Trademark 65

Trademark Registration Branding Brands 65

TorrentFreak

APRIL 29, 2024

The decision to sell packages branded as Beast TV, a service that was taken down three years earlier by several Hollywood studios, Netflix, and Canada’s Bell Media, may have been a ploy to exploit existing brand awareness among pirates. The obvious downside was awareness among rightsholders. 1201(a)(2) and 17 U.S.C.

Cease and Desist 91

Cease and Desist Settlement Television Branding 91

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

No earlier than 2023 per settlement. Branded Semglee ® : 5% off WAC of Lantus ® , with high rebates. No earlier than 2023 per settlement. No earlier than 2023 per settlement. . No earlier than 2023 per settlement. No earlier than 2023 per settlement. No earlier than 2023 per settlement. Rezvoglar ™.

Litigation 52

Litigation Settlement Patent Marketing 52