Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Robinhood Markets, Inc., Ariix, LLC v.

Advertising 122

Advertising Advertising Contracts Social Media 122

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). A reasonable advertiser would also know that it was being charged a much higher rate for clicks than impressions. targeted social media advertising.

Privacy 116

Privacy Marketing Marketing Social Media 116

IP Watchdog

APRIL 13, 2022

In responding to the unprecedented COVID-19 challenges, companies around the world are rushing to capitalize on the current crisis by advertising the effectiveness of their products in containing the virus spread. As fear and anxiety proliferate during this pandemic, fraudulent or false advertisements also surge and explode.

False Advertising 116

False Advertising Advertising Advertising Marketing 116

Erik K Pelton

NOVEMBER 3, 2020

I am particularly sensitive to the trademark challenges that small businesses face for several reasons. Since 1999, I have built and managed my own small business, Erik M. Perhaps most significantly, the vast majority of the thousands of brands with which I have worked over the years have been associated with small businesses.

Business 130

Business Trademark Cease and Desist Branding 130

Technology & Marketing Law Blog

DECEMBER 19, 2021

You can see Seeking Arrangements’ ad (highlighted) showing above Luxy’s own ad and mixed in with ads for unrelated products: The court says: Plaintiffs’ advertisement does not contain the word “Luxy” or appear to cause any more confusion than the other three advertisements. More Posts About Keyword Advertising.

Advertising 111

Advertising Advertising Settlement Trademark 111

Olartemoure Blog

MAY 30, 2023

The Digital Markets Act is a groundbreaking law from the European Union that regulates the performance of large online platforms (designated as gatekeepers) in the digital economy to guarantee fair competition, which started applying on 2 May 2023. It controls an important gateway for business users toward final consumers.

Marketing 98

Marketing Marketing Design Designs 98

43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

False Advertising 99

False Advertising Advertising Advertising Business 99

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. As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. 2022 WL 4596646 (C.D.

Advertising 111

Advertising Advertising False Advertising Trademark 111

Kashishipr

JANUARY 19, 2022

The form of intangible property comprising of skillsets, know-how, business ideas, and strategies have helped in the development and generation of the transborder reputation of several brands. How Does a Trademark Help in the Marketing of a Brand? The same is especially true since the dawn of the era of digital marketing.

Marketing 105

Marketing Marketing Trademark Branding 105

azrights

MAY 10, 2022

It’s well known that the failure rate of small businesses is extremely high. Entrepreneur.com rates people’s chances of surviving in business beyond 5 years at 50/50, while the chances of failure after 10 years are 70%. With that in mind, here are the top 13 reasons why businesses are less successful than they might otherwise be.

Business 98

Business Branding Branding Brands 98

Intepat

FEBRUARY 3, 2025

.” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. This principle helps protect small businesses that adopt a trademark before larger companies enter the same space. But reverse confusion flips this scenario. trademark law.

Branding 59

Branding Branding Brands Trademark 59

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

SpicyIP

FEBRUARY 4, 2025

Mahindra, Tanishka Goswami analyzes the Court’s findings on the importance of house marks in infringement assessment, and the nature of the relevant market. Explaining the recent Delhi High Court decision in Gensol v. Tanishka is an advocate at the High Court of MP. Her previous posts can be found here. 3000 crores.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

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 process began late 2023 with a soft market testing exercise followed by the publication of the listing above mid-April 2024.

Advertising 103

Advertising Advertising Intellectual Property Social Media 103

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 19, 2023

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v. million expenses, $1.1

Marketing 124

Marketing Marketing Privacy Intellectual Property 124

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. ” Moy allegedly alerted resellers to legal actions against other streaming services and offered advice on how best to acquire their customers.

Law 117

Law Cease and Desist Social Media Business 117

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

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. MPA’s List of Notorious Markets.

Advertising 130

Advertising Advertising Copyright Infringement Publishing 130

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

43(B)log

JULY 23, 2024

Eric Goldman 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. What Does the Book Cover?

Editing 52

Editing Advertising Advertising False Advertising 52

IPilogue

FEBRUARY 2, 2022

In addition to learning more about the company from legal, business, marketing, and human resources perspectives, I had the opportunity to witness the passion that each team member brought to their work and the company’s mission. I began my internship at a very exciting time for privacy law in Canada.

Business 105

Business Privacy Intellectual Property Law Advertising 105

Technology & Marketing Law Blog

DECEMBER 10, 2023

Amazon is an ICS provider: Plaintiff alleges that Defendants “market” and “sell” products to retail consumers “through internet websites.” The plaintiff claimed that Amazon bears the responsibility to verify advertiser claims and product authenticity. This argument has failed so many times.

False Advertising 95

False Advertising Advertising Advertising Marketing 95

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. We usually get ours at the local farmers market.] Yum, and easily veganized. ” Say what? ” That prompted this litigation. ” UGH.

Trademark 129

Trademark Advertising Advertising False Advertising 129

TorrentFreak

MARCH 8, 2025

Moss says that Zonatmo is the latest new domain for a platform called Tu Manga Online, a manga content directory aimed at the Spanish-speaking market. 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.”

Advertising 63

Advertising Advertising Reporting Privacy 63

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

Technology & Marketing Law Blog

AUGUST 19, 2021

The court says: The offending content is generated by Classmates and the advertisement is not merely some passive display of content created by another entity, even if it contains a picture from a school yearbook. Here, the focus is on Classmates’ use of a yearbook photo in stand-alone advertisements it uses to lure in potential customers.

Advertising 128

Advertising Advertising Marketing Marketing 128

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

OCTOBER 14, 2021

The organization, which represents the major Hollywood studios and Netflix, calls out the most problematic foreign sites and services in its “notorious markets” submission to the USTR each year. “These markets are an immediate threat to legitimate commerce, impairing legitimate markets’ viability and curbing U.S.

Advertising 145

Advertising Advertising Marketing Marketing 145

Indiana Intellectual Property Law

NOVEMBER 22, 2024

They own trademarks related to “Atlas,” which have been heavily promoted through advertising, online presence, and community engagement. Defendants AMG and UBM are accused of using the “Atlas” name and logo on their website , and in their marketing materials. Continue reading

Branding 52

Branding Branding Brands Trademark 52

43(B)log

FEBRUARY 6, 2025

3, 2025) Metrasens and plaintiff KDI compete in the market for ferromagnetic detectors, used to detect magnetic items (such as iron) on a persons body or clothing before the person enters a room containing an MRI scanner. But the court disagreed because it read the precedent to require literal falsity, bad faith, and comparative advertising.

Advertising 52

Advertising Advertising Marketing Marketing 52

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

The IP Law Blog

DECEMBER 29, 2022

The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an antitrust claim. Google’s business model focuses on advertising revenue instead of charging users to utilize its search engine.

Advertising 104

Advertising Advertising Marketing Marketing 104

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.

Copyright Infringement 144

Copyright Infringement Copyright Reporting Advertising 144

Plagiarism Today

OCTOBER 26, 2021

trademark protects names, slogans and other things that identify a specific business, product or service. Homemade costumes rarely run into any issues (no matter how elaborate) as both rightsholders and the law are focused on business uses. The other major part of the question is trademark.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

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). What are “marketing rights”??? Distraction is insufficient.

Advertising 105

Advertising Advertising Trademark Settlement 105

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