SpicyIP

SEPTEMBER 28, 2023

Image from here Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising Nivrati Gupta “New technologies give us new opportunities, but they all raise the question: How do old, familiar laws apply?” Views expressed here are those of the author’s alone.

Advertising 110

Advertising Advertising Trademark Marketing 110

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

JD Supra Law

NOVEMBER 20, 2024

In the last couple of years, generative artificial intelligence (AI) has emerged as a transformative tool for the advertising industry, promising unprecedented efficiency and cost savings and innovative ways of creating content. However, alongside its potential benefits, businesses are confronted with a host of new legal challenges.

Advertising 75

Advertising Advertising Intellectual Property Business 75

TorrentFreak

DECEMBER 7, 2023

On the days we took samples, which may not necessarily be representative in a broader analysis, Amazon removed huge numbers of listings for copyright and trademark infringement, violations of electrical/packaging standards, fakes and scams, and general advertising policy violations.

Business 125

Business Reporting Social Media Copyright 125

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.

False Advertising 95

False Advertising Advertising Advertising Marketing 95

Plagiarism Today

SEPTEMBER 17, 2024

Music companies are increasingly targeting businesses who use their music on social media. Here's what you need to know. The post The Battle Over Music in Social Media Videos appeared first on Plagiarism Today.

Social Media 260

Social Media Music Plagiarism Business 260

Erik K Pelton

DECEMBER 7, 2021

The brands of many professional online gamers have millions of followers and huge profits from endorsements, advertising, merchandise, and more, yet many of them are not protected. Erik provides some trademark tips and guidance for the eSports industry that is applicable to other brand owners, influences, and businesses as well.

Trademark 133

Trademark Advertising Advertising Brands 133

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. 1 Billion+ Ad Revenue for Pirate Sites and Apps.

Advertising 145

Advertising Advertising Brands Branding 145

JD Supra Law

NOVEMBER 4, 2024

which does business as Warby Parker. The dispute involved Warby Parker's use of keyword advertising tied to 1-800's trademarks, which causes internet search results for 1-800 to display paid advertisements for Warby Parker's website at or near the top of the results page. 1-800) against JAND, Inc.,

Advertising 68

Advertising Advertising Reporting Business 68

TorrentFreak

NOVEMBER 14, 2023

Bogus DMCA takedown notices are nothing new, but the rise of organized groups using malicious DMCA notices as a business tool has been apparent in recent years. Defendants’ illegal, fraudulent scheme harms consumers, third-party businesses, and Google; stifles competition; and threatens to tarnish Google’s trusted brand.”

Advertising 145

Advertising Advertising Business Copyright 145

TorrentFreak

OCTOBER 18, 2022

The MPA has been conducting discovery against entities doing business with PrimeWire to establish the identity of its operator and any profits attributable to copyright infringement. Arm’s Length Advertising. To say that proved less than straightforward is a massive understatement.

Advertising 141

Advertising Advertising Business Reporting 141

TorrentFreak

FEBRUARY 29, 2024

In the United States, the formation of the Trustworthy Accountability Group (TAG) in 2015 saw advertisers and advertising agencies come together to clean up the system and prevent ad revenue from reaching pirate sites. still aims to defund pirate sites and protect advertisers from undesirable associations.

Advertising 124

Advertising Advertising Brands Branding 124

Technology & Marketing Law Blog

FEBRUARY 16, 2022

More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

IP 141

IP Advertising Advertising Trademark Law 141

Erik K Pelton

NOVEMBER 15, 2021

Some of these might not apply to your type of business, but I’m certain that there are a least a dozen or two that might apply to your business. Also common are temporary tattoos.

Trademark 147

Trademark Brands Branding Branding 147

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. ” More Posts About Keyword Advertising * Internal Search Results Aren’t Trademark Infringing–PEM v. ” That prompted this litigation. ” UGH.

Trademark 129

Trademark Advertising Advertising False Advertising 129

Dragons' Den

JANUARY 18, 2024

Giselle asked for £50k and help with scaling-up her business Acu Seeds , in exchange for a 10% share in the business. Giselle told the Dragons about her inspirational story that led to starting her own business. Soon after this she fell pregnant, and it was whilst on maternity leave that she set up her business, Acu Seeds.

Blogging 141

Blogging IP Licensing Business 141

TorrentFreak

JUNE 10, 2024

Pirate Site Promoter, Piracy Profiteer The opening salvo in the publishers’ lawsuit, which majors on violations of the Copyright Act, the Lanham Act, and New York’s General Business Law, details Google’s ‘systemic and pervasive advertising’ of infringing copies of their textbooks and other educational works.

Publishing 119

Publishing Advertising Advertising Reporting 119

The IPKat

JANUARY 19, 2023

The above perception by the consumer would be all the more proven given that the use of the image of famous movie character for exclusively advertising purposes is relatively common in many sectors.

Advertising 141

Advertising Advertising Registration Business 141

Technology & Marketing Law Blog

JULY 26, 2022

I’ve often wondered about the conversations that take place between trademark owner and counsel before filing a keyword advertising lawsuit. Now he’s helping out by helping build out defense-side keyword advertising precedents. More Posts About Keyword Advertising. * How extensively do they discuss the risks?

Trademark 119

Trademark Advertising Advertising Litigation 119

Olartemoure Blog

FEBRUARY 10, 2024

the Super Bowl moves billions of dollars, mainly through advertising. Even small businesses that have used “Super Bowl” to advertise watch-parties, have received cease and desist letters from NFL lawyers. Arguably the most important sports event in the U.S.A., Since then, it has made a conscious effort to enforce this trademark.

Cease and Desist 105

Cease and Desist Trademark Advertising Advertising 105

TorrentFreak

JULY 20, 2022

While the MPA has a clear legal win over PrimeWire and its operator, the case thus far shows that when a defendant cannot be physically identified, nothing is straightforward, especially when there’s a determination to continue business as usual. According to the MPA, a new streaming site called HydraWire.tv

Advertising 145

Advertising Advertising Business Copying 145

Olartemoure Blog

JANUARY 9, 2024

The DMA defines gatekeepers as: Digital platforms that have a significant size, with an impact on the internal market, and that control a gateway from business users to end consumers with a consolidated and lasting position. Allow business users to promote their offers.

Designs 105

Designs Design Advertising Advertising 105

TorrentFreak

JUNE 19, 2023

The App Piracy Problem Copyright holders are not happy with these ‘unauthorized’ apps, which are big business. App piracy includes legitimate apps that are copied but we reserve our reporting to those that are advertised as a gateway to pirated content or live streams.

Advertising 139

Advertising Advertising Business Privacy 139

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. GOAL… sponsored by 1XBET.

Advertising 141

Advertising Advertising Brands Branding 141

Olartemoure Blog

DECEMBER 5, 2023

Junk fees refer to hidden and deceptive charges imposed by businesses, often during or after a transaction, that are not adequately disclosed upfront. Consumers may find themselves paying more than anticipated, eroding their trust in businesses. Besides, to address this issue, the FTC has invited public comments on the proposed rule.

Advertising 105

Advertising Advertising Business Television 105

TorrentFreak

FEBRUARY 18, 2022

However, in recent years we have also seen hosting companies, advertisers, and e-commerce platforms being added. Hosting, Advertising, and Shopping. Aside from sites and services that are directly linked to piracy, the USTR also calls out several third-party intermediaries including hosting companies and advertising services.

Marketing 144

Marketing Marketing Advertising Advertising 144

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 116

Privacy Marketing Marketing Social Media 116

TorrentFreak

JANUARY 15, 2023

After becoming the official sponsor of the Afghan cricket team during Asia Cup 2022, PikaShow was able to advertise its pirate streaming app via legal TV broadcasts watched by millions of people. Through its team sponsorship deal, PikaShow was able to advertise its pirate services on Star India’s official TV broadcasts of Asia Cup 2022.

Advertising 141

Advertising Advertising Reporting Copyright 141

TorrentFreak

JANUARY 3, 2024

Despite the Premier League acting as a business venture in which the clubs are the major shareholders, negative publicity rarely travels down the line. The big question is whether being placed on the list has any effect on a site’s ability to do business.

Advertising 122

Advertising Advertising Reporting Copyright Infringement 122

TorrentFreak

FEBRUARY 21, 2022

Roughly 25 years ago, Google started its business as a simple and straightforward search engine. The startup swiftly captured a dominant market share and branched out into other businesses, including online advertising and video streaming. Google is a leading player in all of these markets today. DMCA Demonetization.

Copyright Infringement 144

Copyright Infringement Copyright Reporting Advertising 144

TorrentFreak

JULY 6, 2022

The MPA says that in order for commercial-scale pirates (such as IPTV providers & streaming platforms) to operate, they need access to legitimate services such as online hosting, advertising, payment processing and e-commerce platforms. ” Piracy-as-a-Service.

Due Diligence 143

Due Diligence Business Advertising Advertising 143

TorrentFreak

DECEMBER 2, 2021

Despite all of this negative attention, PrimeWire has managed to stay in business but last month there were fresh signs that the MPA and Alliance for Creativity and Entertainment hadn’t given up the fight. Advertising and Referral Schemes. “The ad networks link advertisers to the PrimeWire service. .

Advertising 139

Advertising Advertising Copying Copyright Infringement 139

Technology & Marketing Law Blog

MAY 13, 2023

For more background on competitive keyword advertising by lawyers, see this article. May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?) 2023 WL 3340214 (W.D.

Law 105

Law Advertising Advertising False Advertising 105

TorrentFreak

SEPTEMBER 8, 2024

While advertising agencies will always claim to have a great solution, the default for most anti-piracy messaging is negativity, with few campaigns reaching the public without at least some element of fear. For example, the discounted ads tier satisfied users with a more positive attitude towards advertising.

Advertising 120

Advertising Advertising Contracts Copyright 120

TorrentFreak

SEPTEMBER 9, 2024

Instead, they are solely focused on ‘intermediaries’, which include hosting companies, CDN providers, advertisers, and domain registrars, among others. These companies do business with pirate sites, willingly or not. This isn’t the first time these suggestions have been made. ag – Seasonvar[.]ru to/levidia.ch/Supernova[.]to

Reporting 135

Reporting Due Diligence Social Media Business 135

TorrentFreak

NOVEMBER 9, 2021

This content is the core business of the Philippine media conglomerate ABS-CBN , which has been rather active in US courts in recent years. The default judgment includes a permanent injunction that requires advertising networks and payment providers to hand over the revenues these pirate sites generated. ABS-CBN Sues Pirate Sites.

Advertising 142

Advertising Advertising Registering Trademarks Trademark 142

43(B)log

OCTOBER 9, 2023

million consent judgment, which defendants touted in a press release and advertised on Zinus’s website even after the court vacated the stipulated judgment. Courts have generally harmonized the Lanham Act with the Patent Act by requiring bad faith before claims about patent infringement can constitute false advertising.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104