43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

OCTOBER 1, 2021

Whole Foods Market Service, Inc., Whole Foods began purchasing small quantities of basil from them and selling the product in Whole Foods Market stores in the San Diego area in 2007. It was more plausible that Whole Foods was promoting a specific event—the loan. Archi’s Acres, Inc. 2021 WL 424286, No. 19-CV-2478 JLS (MSB) (S.D.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. Apple, on the other hand, maintained that safe harbour provisions create an “unlevel playing field” in favour of YouTube. Plot twist!

Music 138

Music Contracts Reporting Marketing 138

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

NOVEMBER 8, 2021

Touro’s online program was allegedly marketed and priced as a “separate and distinct product[ ]” and bore no fees for in-person services. Breach of contract: The complaint failed to allege specific promises sufficient to form an implied contract to provide on-campus services.

Contracts 64

Contracts Government Marketing Marketing 64

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 100

Social Media Ownership Branding Brands 100

TorrentFreak

NOVEMBER 19, 2022

It’s currently available via free download and generates revenue from in-app advertising, some of it provided by Google according to a recent analysis. Part of this success is likely attributable to the “smooth” and “lag-free” streams PikaShow advertises. PikaShow Markets to the Masses.

Advertising 119

Advertising Advertising Copyright Editing 119

The IPKat

AUGUST 7, 2024

It enables the Respondent to make contact with potential customers and thus establish its own market presence. It is obvious that the exhibition of the contested embodiment at this trade fair can lead to a loss of sales or market share for the Applicant that can hardly be reversed. The penalty for this was set at 1,000.00

Cease and Desist 85

Cease and Desist Art Patent Advertising 85

Technology & Marketing Law Blog

NOVEMBER 15, 2022

Plaintiffs have attempted a wide range of common law, statutory, contract, and Constitutional claims, and courts have rejected those claims based on one or more of the following four grounds: Prima Facie Elements. In the US, courts routinely honor such contract provisions, even if the TOS terms are non-negotiable and may seem one-sided.

Publishing 96

Publishing Government Contracts Law 96

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law. It would also run contrary to the country of origin principle and free movement of services.

Related Rights 78

Related Rights Publishing Licensing Contracts 78

LexBlog IP

NOVEMBER 10, 2022

The cards displayed prominently a number of trademarks owned by Juventus, including the iconic black and white stripes pattern and the contracted version of the club’s name “Juve”, typically used by fans. The enforcement dilemma.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Marketing Marketing 52

LexBlog IP

OCTOBER 5, 2021

Life Spine contracted with Defendant Aegis Spine to distribute the device only to medical facilities nationwide and to keep Life Spine’s confidential information secret and use the confidential information only in furtherance of the business relationship. Plaintiff Life Spine, Inc.

Confidentiality 52

Confidentiality Patent Contracts Intellectual Property 52

IPilogue

AUGUST 19, 2021

Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content. On the other hand, Michael Lynch, a veteran sports marketer, describes IOC’s IP as its “primary asset.” This may drive some policy changes.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

TorrentFreak

JUNE 18, 2022

Most have their own specialties and target markets, with some even claiming to be 99% or 100% effective in one area or another. We expected one or two in the anti-piracy market but, to our surprise, we found many – including some we didn’t ever expect to see mentioned in public. Movies and Music.

Cinema 121

Cinema Non-Fungible Tokens Music Advertising 121

Technology & Marketing Law Blog

AUGUST 7, 2022

In any event, the court says “Rule 11 cannot explain Reilly’s choice not to opt out of arbitration.”. __. Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. The post Lawyer’s Agreement to Online Terms if Investigating a Claim May Bind a Client appeared first on Technology & Marketing Law Blog.

Blogging 82

Blogging Reporting Advertising Advertising 82

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 138

Trademark False Advertising Advertising Advertising 138

SpicyIP

MAY 18, 2022

Though it is not easy to find a comprehensive list of all such trademarks in India (the website of the Indian TMR is so yesterday), recently advertised trademarks throw light on such activity. If not for these efforts, the virtual goods market has the potential to be very competitive. Some examples under class 9 include: S.No.

Non-Fungible Tokens 108

Non-Fungible Tokens Trademark Artwork Art 108

The IPKat

NOVEMBER 20, 2023

The BoA focused its assessment on Bulgaria, Croatia and the Baltic countries Estonia, Latvia and Lithuania, which have the least connection with Formula 1, its drivers and constructers, since none of these countries ever hosted a Formula 1 race, nor did any nationals or constructors from these countries ever participate in a Formula 1 event.

Art 102

Art Branding Brands Branding 102

Garrigues Blog

SEPTEMBER 14, 2022

The Royal Warrant, which, as we said, allows holders to display the Royal Arms of the United Kingdom on their products, marketing communications, in their premises and on commercial vehicles, automatically lends prestige to a brand and most assuredly boosts the sales of those companies known as “official suppliers” of the British Crown.

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Well, this wraps up our Octobers’ sift.

Trademark 59

Trademark Publishing Journalism Copyright 59

43(B)log

MARCH 14, 2023

As alleged, Each ISP’s contract grants it a certain service area, or “route,” and the ISP is permitted to sell its route to another entity if they can agree on terms. Together they are known as CSPs, contracted service providers. Was this “commercial advertising or promotion”? Claims dismissed.

False Advertising 59

False Advertising Advertising Advertising Business 59

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In the event of an unexpected success of a work, the author can even become entitled to a subsequent claim for additional remuneration (Section 32a UrhG, bestseller or fairness compensation). Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

43(B)log

FEBRUARY 18, 2022

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. Traditional advertising can change firsthand consumer impressions, both pre and post experience—telling consumers coffee isn’t bitter makes their impressions of bitterness change, etc. How is reputation constructed in law?

Copyright 69

Copyright Business Branding Brands 69

Corsearch

APRIL 19, 2023

For all brands and marketers, the purpose driven element is critical. Gone are the days of consumers relying on official company websites and advertising to make purchasing decisions. For the last 30 years, Tommy Hilfiger has pioneered the use influencers within marketing. And for brands, it’s the same.”

Branding 40

Branding Brands Branding Social Media 40

SpicyIP

MAY 2, 2022

The same, in its submission did not intend to impinge on the market of the Plaintiff. While terminating the contract, the Plaintiff had informed Defendant of the terms of termination, which inter alia provided that using Plaintiff’s content without a license would now constitute infringement. Telegraph Group Ltd. ,

Fair Use 91

Fair Use Copyright Reporting Licensing 91

Technology & Marketing Law Blog

JUNE 14, 2024

That exception doesn’t apply here because “the School Districts are not individual consumers of Defendants’ platforms who need special protections but are not protected by contract.” ” Imagine a reframing: “can for-profit businesses encourage greater customer loyalty using product marketing?”

Social Media 72

Social Media Publishing Designs Design 72

SpicyIP

JULY 19, 2021

In the event of assignment of rights, any person wishing to legally record a film would have to additionally obtain written permission from the author aside from the permissions already needed from the present copyright owner. Serious Comparative Advertising: Broadening the Definition. Thematic Highlights. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Technology & Marketing Law Blog

JUNE 22, 2023

” This is an attempt to define “journalists,” but what publications don’t “observe current events” or “analyze documents or other information”? For more details about the problems created by using MAUs/subscribers and revenues/market cap to measure size, see this article ).

Journalism 91

Journalism Social Media Publishing Government 91

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. Users are expressing their annoyance at the frauds that have already taken over the NFT market. Trademark dangers abound in this outlaw setting.

Trademark 86

Trademark Non-Fungible Tokens Branding Brands 86

SpicyIP

JANUARY 2, 2022

CRI Events Private Limited [Delhi High Court]. The second suit was filed by IPRS and PPL against an event management company for broadcasting music without authorization. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law. Merck Sharp and Dohme v.

IP 136

IP Intellectual Property Copyright Trademark 136

43(B)log

AUGUST 17, 2021

provides data collection and maintenance software solutions for administration, fundraising, marketing, and analytics to social good entities such as non-profit organizations, foundations, educational institutions, faith communities, and healthcare organizations.” Ramirez gets further assimilated into the law. Blackbaud (good name!)

Privacy 59

Privacy Business Litigation Confidentiality 59

IP and Legal Filings

FEBRUARY 20, 2024

In an effort to fool people and profit from the use of celebrities’ names and pictures, deepfakes portraying fictional events that never occurred have been utilised against popular personalities. Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

LexBlog IP

JANUARY 22, 2022

Advertisement: This stage involves the publication of the application in a Trademark Journal. By filing a single trademark application under the ARIPO system, the Applicant shall have the option of designating states (of the 19 contracting member states) where protection should be extended.

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

Advertisement: This stage involves the publication of the application in a Trademark Journal. By filing a single trademark application under the ARIPO system, the Applicant shall have the option of designating states (of the 19 contracting member states) where protection should be extended.

Trademark 52

Trademark Registration Branding Brands 52

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 112

IP Copyright Trademark Intellectual Property 112

TorrentFreak

JULY 23, 2023

In the event you receive a DMCA takedown notice or a non-US equivalent, how are these handled? What steps would be taken in the event a court orders your company to identify an active or former user of your service? In the event of receiving a legitimate DMCA removal notice, our legal team would be responsible for addressing it.

Privacy 135

Privacy IP Technology Reporting 135

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage.

IP 94

IP Trademark Advertising Advertising 94