TorrentFreak

NOVEMBER 24, 2024

Evolution Hoping to secure their piece of the pie, new players entered the market in the years that followed. Unfortunately that logical example fails to help here due to a confusing clash of definitions in the study. When placed side by side, with each definition’s key point highlighted (red), the problem clearly stands out. .

Reporting 113

Reporting Business Music Advertising 113

SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it. Legal Position on Comparative Advertisement.

Fair Use 105

Fair Use Advertising Advertising Branding 105

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

MAY 25, 2023

European Union Criticized For Complexity For the last two years, the European Commission has expended significant resources on two new pieces of legislation known as the Digital Markets Act (DMA) and the Digital Services Act (DSA).

Intellectual Property 142

Intellectual Property Social Media Reporting IP 142

LexBlog IP

OCTOBER 20, 2022

Yesterday, the Federal Trade Commission (FTC) hosted an event to look at kids’ digital marketing. 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.

Advertising 52

Advertising Advertising Marketing Marketing 52

IP and Legal Filings

DECEMBER 16, 2024

It reviews the growing importance of the protection of non-traditional trademarks within the fashion world in assessing how firms use trade dress to create and maintain an identity that may thrive within market competition. Recent court decisions such as Christian Louboutin v. Yves Saint Laurent [1] and Herms v. WHAT IS TRADE DRESS?

Branding 98

Branding Branding Brands Designs 98

43(B)log

OCTOBER 11, 2021

Both sides now claim the other is liable for false advertising, among other claims.” Defendants also allegedly infringed RCI’s trademarks by using photographs of Roberto Coin jewelry and RCI’s logo in Kings Stone’s advertising after RCI terminated the relationship. Instagram ultimately removed the posts.

Marketing 59

Marketing Marketing False Advertising Advertising 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

43(B)log

SEPTEMBER 6, 2023

Toyota USA sued Allen for grey marketing in violation of the Lanham Act and related claims, asserting that material differences included the existence of a manufacturer-backed warranty, the shipping and packaging of the parts, and the appearance and condition of the parts. The court declined to dismiss the counterclaims.

Marketing 59

Marketing Marketing False Advertising Advertising 59

43(B)log

MAY 2, 2022

This is important because the proposed settlement of this class action against manufacturers/distributors of Neuriva brain-health-promotion products requires only small changes in marketing claims. This is despite the fact that the underlying complaint alleges that the products do not provide any actual tangible benefits. million. (If

Settlement 118

Settlement Advertising Advertising Marketing 118

Michael Geist

DECEMBER 13, 2022

Added provision blocking CBC from running “advertorial” (blended advertising and editorial) content (ie. “an an advertisement or announcement on behalf of an advertiser that is designed to resemble journalistic programming”) . Harmonized definition of “decision” with Telecommunications Act.

Government 120

Government Advertising Advertising Reporting 120

TorrentFreak

AUGUST 24, 2021

YouTuber ‘Touchtone’ (Raul Orelanna) was later added as a defendant in an amended complaint alongside accusations he was paid $500,000 to market the service. Nitro TV advertising emphasized converting customers from cable or satellite television services such as those provided by DISH,” the complaint reads.

Television 139

Television Copyright Infringement Advertising Advertising 139

The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." The Board took judicial notice of definitions of the words "marketing," "consulting," and "managing." As to the third ground, the Board agreed with Examining Attorney Darryl M.

Marketing 56

Marketing Marketing Social Media Advertising 56

43(B)log

SEPTEMBER 9, 2021

I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. The parties compete in the market for adjustable air mattresses and related products. Examples included the use of terms such as “Sleep 55% Off Number Beds” and “Comfort Air Beds on Sale” in online advertisements.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

Technology & Marketing Law Blog

DECEMBER 27, 2023

It would be as if an image within a newspaper advertisement were not commercially used until a customer paid their quarter, unlocked the newsrack, opened the paper, began reading, opened the page containing the relevant circular, and saw it. Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.”

IP 98

IP Advertising Advertising Copyright 98

Michael Geist

OCTOBER 4, 2022

Indeed, critics will rightly note the market distortion it creates for private entities who stand to lose further advertising-related revenues to the CBC, while supporters should be concerned that the bill undermines the CBC’s claim to a public interest role and makes an ad-free version of the service even less likely.

Advertising 98

Advertising Advertising Television Government 98

43(B)log

SEPTEMBER 13, 2024

9, 2024) The parties compete in the sale of “chemical bonding products marketed for home and automotive use.” J-B has used unqualified “Made in USA” claims in its advertising. It also marketed certain products as epoxies despite their not fitting the chemical definition of an epoxy. Illinois Tool Works Inc. J-B Weld Co.,

Advertising 59

Advertising Advertising False Advertising Marketing 59

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 109

Fair Use Copyright Artwork Social Media 109

TorrentFreak

OCTOBER 31, 2021

When we look at the ‘market share’ of Dune downloads we notice a similar decrease. 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. Dune Downloads (torrents). The PR angle is another option.

Copying 145

Copying Reporting Advertising Advertising 145

Kluwer Copyright Blog

APRIL 29, 2024

Introducing Article 14 of the Copyright in Digital Single Market Directive (CDSMD) , the EU legislator made it mandatory across the 27 Member States to ensure that faithful reproductions of visual artworks belonging to the public domain remain free to circulate and be used across the Union.

Public Domain 132

Public Domain Artwork Copyright Marketing 132

The TTABlog

JANUARY 6, 2022

Applicant argued that BIO is conceptually weak for supplements, and the term HEALTH (by way of a dictionary definition) is merely descriptive of supplements and also conceptually weak."] In re Sunset Songs, LLC , Serial No. 90114652 (January 4, 2022) (Opinion by Judge Linda A. Kuczma)[not precedential].

Social Media 64

Social Media Advertising Advertising Music 64

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94

Copying False Advertising Social Media Advertising 94

The TTABlog

AUGUST 6, 2024

In its genericness analysis the Board relied on dictionary definitions, on third-party usage, and on Shepherd's own use of the proposed mark to refer to a type of product rather than a source. Shepherd had little probative value because the affiants were not necessarily representative of the market. of New York v. NLRB , 305 U.S.

Advertising 72

Advertising Advertising Public Use Marketing 72

Technology & Marketing Law Blog

JUNE 18, 2023

And then…the Ninth Circuit got the case again… The Majority Opinion After the Supreme Court cert denial, the district court ruled that Malwarebytes’ “malicious” and “threat” classifications were “non-actionable statements of opinion” and thus could not support a Lanham Act false advertising claim.

Blogging 105

Blogging False Advertising Litigation Marketing 105

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

Michael Geist

SEPTEMBER 21, 2022

The series starts with posts that examine some of the specifics in the bill, including problematic definitions for making available news, news businesses, and even the definition of news itself. Yet even this definition may be over-broad. What if the only news content reproduced is a sentence or two from the article?

Government 103

Government Journalism Advertising Advertising 103

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 111

Blogging Social Media Television Fair Use 111

43(B)log

SEPTEMBER 30, 2021

We are definitely not there yet. This was true even though plaintiff alleged that there is a competing vanilla soymilk product on the market with a similar price point that obtains its vanilla flavor exclusively from the vanilla plant. Such an inference is just too far a reach.”

False Advertising 45

False Advertising Advertising Advertising Marketing 45

IP and Legal Filings

DECEMBER 17, 2024

Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble made a series of miscues, including several problems with the email notice and the lack of a definitive screenshot of its blocker card. Alkutkar used the dating app Bumble. ” Implications.

False Advertising 141

False Advertising Marketing Marketing Advertising 141

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Role definitions can render certain interpretations “irrational.” A: yes, you could definitely find problems there—restrictive terms, deplatforming, refusal to deal on nondiscriminatory basis. legit competition on the merits.

Law 91

Law Branding Branding Brands 91

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark 98

Trademark Social Media Advertising Advertising 98

43(B)log

SEPTEMBER 27, 2021

13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to false advertising cases—look at the reasons this false advertising claim fails. AFC sued MedHelp for Lanham Act false advertising. And it was also ambiguous whether “Birmingham” meant with or without its suburbs.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

IPilogue

APRIL 21, 2022

This exclusion could give way to online sellers having different prices listed online, as these online prices appear to be neither in-store nor definitively at a point-of-purchase. Online spaces, such as applications, are not explicitly included in that list as this section was first enacted in 1975.

Settlement 117

Settlement Law Advertising Advertising 117

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. 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.

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

43(B)log

JUNE 10, 2024

Nutramax and Zesty Paws are direct competitors in the pet supplement market. Zesty Paws began an advertising campaign claiming to be (1) the “#1 Brand of Pet Supplements in the USA,” (2) “USA’s #1 Brand of Pet Supplements” and (3) the “#1 selling Pet Supplement Brand in the USA.” It’s used on every package and in advertising.

Branding 72

Branding Branding Brands Marketing 72

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. The court found that definition of “Exhibitions and Related Marketing” was so broad as to “preclude coverage in almost any circumstance.”

Advertising 64

Advertising Advertising Settlement Contracts 64