Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. If the latter, then the definition will pick up smallish online retailers that have small marketplace components.

Trademark 144

Trademark False Advertising Advertising Advertising 144

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 139

Television Copyright Infringement Advertising Advertising 139

43(B)log

JUNE 11, 2024

Malwarebytes argued that its characterizations of Enigma’s products as “malicious” and a “threat” didn’t occur in commercial advertising or promotion but rather as part of the operation of its products. Were the statements in an advertisement? This was plausibly an advertisement for purportedly superior products.

Advertising 65

Advertising Advertising Design Designs 65

43(B)log

SEPTEMBER 16, 2021

The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” Summary judgment granted on state and federal false advertising claims.

False Advertising 65

False Advertising Advertising Advertising Licensing 65

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

Registration 52

Registration Designs Design Public Domain 52

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

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 128

Social Media Advertising Advertising Design 128

The TTABlog

JULY 14, 2021

The Examining Attorney relied on, inter alia , definitions of "aqua" (water") and "char" (a charred substance: "CHARCOAL") in maintaining that AQUACHAR describes a characteristic of the products. Applicant submitted negative dictionary evidence showing no definition for AQUACHAR. A second definition of "char" is "a charred substance."

Design 52

Design Designs Advertising Advertising 52

The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.” Kuczma)[not precedential].

Social Media 62

Social Media Advertising Advertising Music 62

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 101

Fair Use Copyright Artwork Social Media 101

TorrentFreak

JULY 18, 2024

These measures included a ban on advertising VPNs as a means to circumvent government blocking, which prevents access to other information currently blocked in Russia. ” What these categories all have in common is obfuscation as a means to change and expand definition.

Government 119

Government Law Privacy Advertising 119

43(B)log

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh. Locality is fundamentally subjective.

False Advertising 73

False Advertising Advertising Advertising Designs 73

43(B)log

AUGUST 9, 2021

As to defendant Boyer (the relevant defendant), the class actions alleged that it falsely designated the geographic origin of its coffee with the intent to deceive, when the products actually contained little to no Kona coffee. And it definitely didn’t disparage Kona consumers. Travelers insured Boyer, which sought coverage.

Advertising 59

Advertising Advertising Publishing Branding 59

43(B)log

SEPTEMBER 20, 2024

Scotts alleged rights in its red mark, black trade dress, black label, and yellow barrier design that were allegedly infringed by competitor SBM’s competing products. A product name is placed between the pentagon design and the information bars. At least the court is equally lenient with TM and false advertising?

False Advertising 52

False Advertising Copyright Advertising Advertising 52

Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition).

Editing 98

Editing Social Media Blogging Advertising 98

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

MARCH 27, 2023

24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the majority of workaday false advertising claims involving scientific fact are (correctly) treated as falsifiable. American Soc’y of Anesthesiologists, Inc., 4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.

Journalism 111

Journalism False Advertising Advertising Advertising 111

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. portion of the total rental fee.

Contracts 98

Contracts Advertising Advertising Privacy 98

Technology & Marketing Law Blog

MARCH 6, 2024

This judge is vexed by the definition of volitional conduct. And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. If not, the print-on-demand industry may not be commercially viable under prevailing law. The supervising judge agrees. Volitional Conduct.

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

43(B)log

APRIL 17, 2023

The court dismissed most of Quincy’s claims (counterfeiting, trademark infringement, and false designation of origin) except for false advertising—a rare (and conceptually sound) approach that other, non-default cases could benefit from.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

IP and Legal Filings

FEBRUARY 15, 2024

While the data provided by individuals are handled safely by the industry, yet, there exists an apprehension that sharing data could be misused and will lead to a flood of advertisements as based on the interests of individuals or even to potential fraud and scams. As long as the purpose is deemed lawful, it can be utilised.

Privacy 105

Privacy Social Media Advertising Advertising 105

43(B)log

AUGUST 25, 2021

Plaintiff alleges that subscribers “universally understand[ ] that a product designated ‘O’ is an [over-the-counter (“OTC”) ] drug, available over-the-counter and without physician supervision.” Although Alfasigma’s products were historically designated as F, First Databank reclassified them as O.

False Advertising 73

False Advertising Advertising Advertising Design 73

43(B)log

JUNE 10, 2024

5, 2024) Abbott Laboratories’s Glucerna line of powders and shakes are marketed as scientifically designed for people with diabetes to help manage blood sugar. The challenged language includes “to help manage blood sugar,” “#1 doctor recommended brand,” and “scientifically designed for people with diabetes.” 3d -, 2024 WL 2843092, No.

Design 59

Design Designs Branding Brands 59

SpicyIP

AUGUST 23, 2023

A Definition for ‘Rare Diseases’ The revised Policy underscores the importance of formulating a definition for ‘rare diseases’. It is stated that further research is required for examining current definitions and formulating one for India, and shall be done as soon as ‘sufficient data’ is available.

Government 98

Government Marketing Marketing Designs 98

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. One click (“sign-in wrap”) usually should work, at least so long as the other elements are properly handled, but two clicks (“clickwrap”) definitively resolves the issue for the court.

Contracts 125

Contracts Registration Design Designs 125

IP and Legal Filings

FEBRUARY 2, 2023

Introduction The Ministry of Electronics and Information Technology (MeitY) was designated as the focal ministry for all issues pertaining to the online gaming sector on December 23, 2022. MeitY has extended a deadline for comments on the proposed amendment of January 17, 2023.

Due Diligence 98

Due Diligence Registration Government Technology 98

Technology & Marketing Law Blog

DECEMBER 12, 2021

These “bad design” arguments to work around 230 have been rejected repeatedly. Based on the facts alleged, there is no reason to believe that even if Schmidt’s estranged husband had not purchased a gun from a person who posted an advertisement on the Armslist website, Schmidt would still be alive. Negligence.

Copyright Infringement 138

Copyright Infringement Publishing Design Designs 138

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Design 52

Design Designs Trademark Copyright 52

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” SF Design Group. Fredman Design Group. We blogged this case twice before.

Social Media 119

Social Media Ownership Business Branding 119

SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” The ban halted thriving e-cigarette manufacturing businesses and left researchers and designers seeking patents on e-cigarettes at a loss.

Invention 109

Invention Patent Patent Application Government 109

43(B)log

MARCH 20, 2023

WatsonSeal Marketing sued for false advertising under the Lanham Act, tortious interference with business relations under Alabama law, and unjust enrichment under Alabama law, but, having kicked out the Lanham Act claims, the court didn’t proceed any further with the state claims. Some versions of this look for advertising format in part 1.]

False Advertising 60

False Advertising Advertising Advertising Marketing 60

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. The definition of these terms is unclear. Some examples under class 9 include: S.No. Application date. Description (shortened). Feb 25, 2022.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

The IPKat

MARCH 3, 2022

Wanting to make a statement, he hired an advertising company which hand-painted advertisement tabloids for cinemas. The Berne Convention does not define the term “author” but leaves the definition up to its member states. Roughly said: If the pre-existing work (i.e.

Copyright 97

Copyright Art Copyright Law Graphic Design 97

Technology & Marketing Law Blog

DECEMBER 19, 2023

The lower court was unpersuaded: “Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock.” Here, Doe brings a design defect claim. Take away those messages, and the plaintiff’s negligent design claim would be nonsensical.

Designs 98

Designs Design Social Media Publishing 98

43(B)log

JUNE 3, 2024

2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. Bustamante v. KIND, LLC, 100 F.4th 4th 419 (2d Cir. Nor did he specifically analyze KIND ingredients, only how they were “typically” sourced.

False Advertising 65

False Advertising Branding Branding Brands 65

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.]

False Advertising 73

False Advertising Ownership Registration Designs 73