Erik K Pelton

FEBRUARY 4, 2025

It can get complicated when there’s overlap if a business or a product has elements that are protected by each of these concepts of intellectual property. The commercials that they run the content of those commercials and advertisements is a copyrighted work protected by copyright. Sometimes those things can blur and overlap.

Trademark 130

Trademark Copyright Intellectual Property Patent 130

Technology & Marketing Law Blog

JULY 23, 2024

Rebecca Tushnet and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. We also have two online-only chapters on housing discrimination (Chapter 20) and political advertising (Chapter 21), both also freely downloadable. Price: $12 * Kindle.

Editing 98

Editing Advertising Advertising Marketing 98

IPilogue

MARCH 22, 2023

Their primary business is online counseling and therapy provided online through web-based interaction and phone/text communication with professional counselors. million – to customers whose health data was compromised.

Advertising 105

Advertising Advertising Privacy Settlement 105

Erik K Pelton

JANUARY 7, 2025

Class 3: cosmetics and cleaning preparations Class 5: pharmaceutical products Class 9: electrical and scientific apparatus (includes both software (downloadable or physical software on a disc or drive) and hardware) Class 12: vehicles Class 14: jewelry Class 15: musical instruments Class 16: paper goods and printed matter (includes anything that’s (..)

Social Media 130

Social Media Editing Music Advertising 130

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. More Posts About Keyword Advertising. Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. 2022 WL 4596646 (C.D.

Advertising 111

Advertising Advertising False Advertising Trademark 111

TorrentFreak

OCTOBER 31, 2024

The exact nature of the suspects’ business isn’t clear but the details suggest that whatever it is, lines were crossed in pursuit of money. ” From: TF , for the latest news on copyright battles, piracy and more. . ” From: TF , for the latest news on copyright battles, piracy and more.

Fair Use 131

Fair Use Social Media Copyright Copyright Infringement 131

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

TorrentFreak

NOVEMBER 8, 2024

The IWL is a component of Operation Creative, a multi-agency initiative led by PIPCU at City of London Police, with support from partners across the creative and advertising industries. The IWL also offers a narrow window of transparency into an otherwise opaque operation.

Advertising 103

Advertising Advertising Intellectual Property Social Media 103

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

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 299

Social Media Music Plagiarism Business 299

TorrentFreak

NOVEMBER 24, 2024

These platforms deployed various business models, but for consumers who signed up for a short trial, what followed was never good. In many cases busy people simply didn’t know that their opportunity to cancel had expired, or that they were being charged $50 or $60 every month for absolutely nothing.

Reporting 111

Reporting Business Music Advertising 111

Intepat

FEBRUARY 3, 2025

This principle helps protect small businesses that adopt a trademark before larger companies enter the same space. This article explains what reverse confusion means and how it affects businesses, using case examples from India and the U.S. But reverse confusion flips this scenario. Big O sued Goodyear, claiming trademark infringement.

Branding 59

Branding Branding Brands Trademark 59

TorrentFreak

DECEMBER 23, 2024

It’s alleged that Puerto 80’s business model has generated millions of euros from both regular advertising and affiliate commissions earned by diverting visitors to sports betting websites. The matter is still in its early stages but with a demand for a four-year prison sentence, the prosecutor clearly means business.

Reporting 103

Reporting Intellectual Property Business Advertising 103

TorrentFreak

MARCH 10, 2025

Rightsholder-led campaigns urged mainstream advertisers to boycott the platforms to cut off their revenue streams. This was supposed to put sites out of business but in many cases that simply meant the deployment of lower quality ads from any entity still prepared to place them.

Reporting 85

Reporting Advertising Advertising Publishing 85

TorrentFreak

DECEMBER 4, 2021

With a reach of a billion users and 10,000 new advertising campaigns per week, PropellerAds is a major player in the online advertising industry. The Cyprus-based company works with advertisers and publishers from all over the world. According to the lawyer, PropellerAds is a perfectly legitimate business.

Advertising 130

Advertising Advertising Copyright Infringement Publishing 130

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

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 Branding 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 Branding Branding 145

TorrentFreak

NOVEMBER 5, 2024

Filed at a federal court in Illinois, the complaint sees DISH Network and Sling TV target Richard Moy, the alleged owner of CLVPN LLC, which ordinarily does business as City Lights Entertainment. Statutory damages for ECPA violations are almost negligible in comparison; $100 per day of violation or $10,000, whichever is greater.

Law 117

Law Cease and Desist Social Media Business 117

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 143

Advertising Advertising Business Reporting 143

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

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 Branding Branding Brands 147

TorrentFreak

MARCH 8, 2025

These sites are often able, for at least a short time, to monetize using CPM based ad products [advertisers pay a fixed rate per thousand impressions] such as display / video / audio ads.” ” A Lucrative Scheme Moss goes into considerable detail on the various players involved and specifics relevant to the advertising market.

Advertising 63

Advertising Advertising Reporting Privacy 63

TorrentFreak

DECEMBER 4, 2024

to Fights Back The removal, which also affected the associated AdSense advertising account, came as a surprise to MP3.to to and directly harmed its business. However, that didn’t stop Google from honoring the request and removing the URL from its search engine. To remedy the situation, MP3.to’s

Music 103

Music Cease and Desist Copyright Technology 103

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

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 117

Publishing Advertising Advertising Reporting 117

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

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 122

Advertising Advertising Branding Branding 122

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

43(B)log

FEBRUARY 28, 2025

Rampart Resources found out about Rampart/Wurths recent adoption of that name change in September 2023 when a FedEx driver told its president that another Rampart had just opened in Baton Rouge and that she had confused the two businesses. The court of appeals agreed.

Advertising 52

Advertising Advertising Trademark Registration 52

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 140

Advertising Advertising Business Privacy 140

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

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 145

Marketing Marketing Advertising Advertising 145

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