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

43(B)log

DECEMBER 10, 2021

This allowed McCormick to advertise what seemed like an attractive lower price and charge more. Thus, for disgorgement of profits, a plaintiff need only show the defendant’s “sales of the allegedly falsely advertised products,” after which the burden shifts to the defendant to prove “any costs or deductions.” Edriver Inc.,

False Advertising 90

False Advertising Advertising Advertising Law 90

Plagiarism Today

OCTOBER 20, 2021

1: Pizza Companies Sued for Copyright Infringement of Advertising Photo. The version of the movie released is a high definition edition from Europe, which isn’t as high of quality as some had hoped. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Copyright Infringement 246

Copyright Infringement Licensing Plagiarism Editing 246

Plagiarism Today

MAY 4, 2022

However, since VPNs are commonly used as a way to ensure privacy while engaging in pirate activities, it could definitely have impacts there. However, 18 months ago, the site removed all advertising and sought to keep itself afloat with donations. According to the Indian government, the new policy takes effect June 27.

Copyright Notice 246

Copyright Notice Plagiarism Licensing Privacy 246

43(B)log

OCTOBER 5, 2021

28, 2021) Mostly this case is about other things, but the court finds a duty to defend in the underlying false advertising case. Luxottica was sued in a class action alleging that its AccuFit system for prescription eyeglasses was falsely advertised as more accurate.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

43(B)log

JUNE 29, 2023

Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for false advertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews. NatureWise’s products advertised that they met the same Dr. Oz-endorsed requirements. Heartwise, Inc.,

False Advertising 80

False Advertising Advertising Advertising Marketing 80

TorrentFreak

FEBRUARY 17, 2025

Phan Thanh Cong was the programmer and manager, who also took care of advertisers and through that, handled the money; he allegedly took 90% of the spoils, leaving just 10% for his partner. Definitely not the thousands that actually appeared on Fmovies and its sister sites for roughly eight years, that much is certain.

Reporting 114

Reporting Advertising Advertising Television 114

43(B)log

JUNE 26, 2023

lawsuits against clubs for advertising them with images of models without those models’ consent. The relevant policy provides coverage for bodily injury, property injury, and advertising injury, subject to certain conditions and exclusions. Covered personal/advertising injury included d.

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

TorrentFreak

OCTOBER 19, 2022

For example, domain registrars and hosting services are regularly called out, and the same is true for advertising and payment companies. The i2Coalition’s submission to the USTR notes that its members value copyright protection efforts but cautions against making the “notorious markets” definition too broad.

Marketing 142

Marketing Marketing Copyright Technology 142

43(B)log

AUGUST 1, 2022

Plaintiffs also sufficiently pled that they were directly harmed by RJR’s false and misleading advertising. Liability attaches to those who “[k]nowingly makes a false representation” as to the product “for sale,” and the definition of “sale” explicitly includes an “attempt to sell” the product or service. “[I]ndividuals

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

AUGUST 25, 2022

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

TorrentFreak

MAY 25, 2023

. “The law is full of definitions and categorizations of different providers of online ‘intermediary services,’ including ‘caching, mere conduit, hosting, online platforms, very large online platforms, and very large online search engines.

Intellectual Property 142

Intellectual Property Social Media Reporting IP 142

IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

Fair Use 98

Fair Use Advertising Advertising Branding 98

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

OCTOBER 4, 2022

One of its TikTok videos went viral recently, generating over a million views of free advertising with an 8-second clip. That kind of social media exposure is unprecedented for a pirate site and it definitely helped to get more viewers to the platform.

Social Media 143

Social Media Advertising Advertising Copying 143

LexBlog IP

OCTOBER 20, 2022

In the proposed revision, the FTC put in a place marker for Kid Endorsements, saying, “Endorsements in advertisements addressed to children may be of special concern because of the character of the audience. Practices which would not ordinarily be questioned in advertisements addressed to adults might be questioned in such cases.”

Advertising 52

Advertising Advertising Marketing Marketing 52

The TTABlog

FEBRUARY 12, 2024

As to incongruity, “it must be shown that in combination the descriptiveness of the individual words has been diminished, that the combination creates a term so incongruous or unusual as to possess no definitive meaning or significance other than that of an identifying mark for the goods.”

Advertising 119

Advertising Advertising Trademark Designs 119

43(B)log

SEPTEMBER 16, 2021

Perplexingly, the court also suggested that in comparative advertising defendants would be bound by Neo4j’s trademark guidelines, which does not seem exactly right unless those guidelines happen to reproduce the law (perhaps they do). Summary judgment granted on state and federal false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

TorrentFreak

DECEMBER 20, 2023

It regularly involves organized crime groups that tap into source signals and rebroadcasts them to profit from the advertising views they generate. McKnight doesn’t offer a concrete definition but stresses that online services can take stricter actions against people who repeatedly post infringing content.

Social Media 122

Social Media Advertising Advertising Law 122

The IP Law Blog

DECEMBER 29, 2022

Google’s business model focuses on advertising revenue instead of charging users to utilize its search engine. The other search results generated by Google that are not associated with the paid advertisements are referred to as “organic” or “free” search results. The Ninth Circuit, after reviewing the entire record, disagreed.

Advertising 104

Advertising Advertising Marketing Marketing 104

The IPKat

NOVEMBER 23, 2024

Her management team set up a web-store by 24 September 2008 to advertise and sell such merchandise. The Court considered the dictionary definitions of "clothes", which ordinarily applies to garments that cover the body, but not the head or feet.

Cease and Desist 71

Cease and Desist Registration Branding Branding 71

43(B)log

MAY 2, 2022

The injunctive relief does what this xkcd cartoon mocks: Alt text: Blatantly banking on customers not understanding that it's like a Hollywood studio advertising that their new movie was 'watched by Roger Ebert'. The settlement included a fund of up to $8 million; unclaimed money would be returned to defendants. million. (If

Settlement 118

Settlement Advertising Advertising Marketing 118

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. The court says there can’t be MULTIPLE instances of INITIAL interest confusion: By definition, initial interest confusion is “confusion that creates initial customer interest.” Google * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 98

Trademark Advertising Advertising False Advertising 98

TorrentFreak

FEBRUARY 22, 2022

We were unable to definitively link this domain to PrimeWire. While the studios’ original complaint demanded millions in statutory damages, they also want to find out how much money has been generated by PrimeWire from advertising. The Question of Damages. They say they need permission from the court to do so.

Advertising 144

Advertising Advertising Copyright Copyright Infringement 144

LexBlog IP

JANUARY 9, 2023

In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary supplements. So pay attention, marketers of foods and over-the-counter drugs and device manufacturers.

Advertising 52

Advertising Advertising Marketing Marketing 52

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive.

Fair Use 106

Fair Use Copyright Artwork Social Media 106

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

TorrentFreak

AUGUST 24, 2021

“Nitro TV was advertised as a subscription-based streaming service providing 7500 high-definition channels, movies and television series on demand, pay-per-view events, and sports programming, among other content, all for a low monthly fee.

Television 138

Television Copyright Infringement Advertising Advertising 138

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Applicant GB's design patent served as some evidence of non-functionality, but was outweighed by GB's own advertising touting the design's utilitarian benefits.

Advertising 90

Advertising Advertising Design Patent Design 90

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.”

Trademark 144

Trademark False Advertising Advertising Advertising 144

TorrentFreak

SEPTEMBER 26, 2021

In the advertising campaign, Jimmy learns of these threats. There’s definitely truth to that message, as many of these sites are specifically set up to scam people. These are less likely to overload visitors with malware and trojans as they rely on recurring advertising eyeballs. Nude Pictures of Pirates?

Reporting 128

Reporting Advertising Advertising Settlement 128

43(B)log

SEPTEMBER 13, 2024

J-B has used unqualified “Made in USA” claims in its advertising. ITW advertises “the interchange between its products and the matching OEM manufacturer products” in its materials, sometimes including OEM interchanges for specific automotive brands in its package advertising. Epoxy: In J-B Weld Co., Gorilla Glue Co.,

Advertising 59

Advertising Advertising False Advertising Marketing 59

TorrentFreak

OCTOBER 31, 2021

Not every pirate is a news junkie so it’s definitely possible that many people didn’t bother to search when the film wasn’t yet out. Also, movie premieres tend to come with a lot of advertising, which may have increased demand as well. The PR angle is another option.

Copying 145

Copying Reporting Advertising Advertising 145

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . The Rift Over Web3. What is web3, anyway?

Ownership 122

Ownership IP Non-Fungible Tokens Technology 122

IP and Legal Filings

JUNE 10, 2024

The plaintiffs argued that the in Parle Agro’s label, “For the Bold” was prominently displayed and emphasis was given to the contested tagline in all the advertising campaigns. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court.

Trademark 98

Trademark Advertising Advertising Registering Trademarks 98

IP and Legal Filings

DECEMBER 16, 2024

This analysis will be comprehensive, discussing dominant trends and the role that trade dress plays in fashion industries, the legal challenges it faces, and how it might be used to safeguard original designs that make up the definition of luxury brands both in physical and digital arenas. WHAT IS TRADE DRESS?

Branding 98

Branding Brands Branding Design 98

The IPKat

JULY 19, 2022

Earlier this year, IPKat reported on the EPO's advertised workshop on description amendments ( IPKat ). The stated aim of the workshop, which took place at the end of June, was to provide users with "clarity" on description amendments in view of some recent conflicting decisions on the topic from the Boards of Appeal.

Patent Application 132

Patent Application Reporting Advertising Advertising 132