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

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

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 126

Social Media Advertising Advertising Law 126

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

43(B)log

MAY 19, 2023

WowWee’s Vice President of Brand Development & Creative Strategy, Sydney Wiseman, used her WowWee email address to create a Roblox user account and used her Roblox account to promote My Avastars dolls on social media, including videos on her TikTok account.

Copying 94

Copying False Advertising Social Media Advertising 94

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

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

JUNE 20, 2023

Considered in context, “growing real food the right way,” “Pasture-Raised with Love,” “the best milk comes from happy cows,” and “[o]ur cows are social and so are we” were unmeasurable opinions. Dictionary definitions of “social” didn’t “provide a usable standard for defining a social cow.

Social Media 122

Social Media False Advertising Business Advertising 122

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

Above the Fold

JULY 3, 2023

Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act.

Social Media 52

Social Media Advertising Advertising Editing 52

43(B)log

SEPTEMBER 1, 2021

The dictionary definitions of the words “Peaky” and “Blinders” were not dispositive. It submitted 14 social media posts “which it contends shows consumers and retailers attributed a particular source to Defendants’ liquor and Plaintiff’s television show.” False advertising/passing off: Same basic problems.

Social Media 93

Social Media Television False Advertising Artistic Work 93

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

IP and Legal Filings

FEBRUARY 15, 2024

The transition from simply turning on the television to logging into accounts such as social media and OTT platforms, has resulted the entertainment industry to witness an astonishing evolution. The surveillance on viewing the habit of individuals is often used to advertise similar targeted content.

Privacy 105

Privacy Social Media Advertising Advertising 105

LexBlog IP

JULY 3, 2023

Late last week, the Federal Trade Commission (“FTC”) announced that it had updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsements Guides”) to clarify guidance for advertisers with the goal of combating deceptive reviews and endorsements in violation of the FTC Act.

Social Media 52

Social Media Advertising Advertising Editing 52

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

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

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

Technology & Marketing Law Blog

JULY 25, 2024

98, 107 (2017) for the passage that social media has become the “modern public square.” — Justice Alito writes that “research suggests that social media are having a devastating effect on many young people, leading to depression, isolation, bullying, and intense pressure to endorse the trend or cause of the day.” .

Social Media 52

Social Media Blogging Advertising Advertising 52

Technology & Marketing Law Blog

JUNE 22, 2023

If my blog qualifies as an eligible DJP, the definition of DJPs is surely over-inclusive. The CJPA creates a royalty pool of the “revenue generated through the sale of digital advertising impressions that are served to customers in the state through an online platform.” Does the definition only include CPM-based revenue?

Journalism 105

Journalism Social Media Publishing Government 105

The IPKat

FEBRUARY 5, 2023

And – let's be honest - most of us are quite entertained: we allow ourselves to be dazzled by luxury and a whiff of a desire to live the good and easy life that is presented by the main characters on various social media as a tangible dream.

Marketing 94

Marketing Marketing IP Music 94

43(B)log

JUNE 15, 2022

Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle. Here, the court denied Monster’s motion for partial summary judgment on the false advertising claim.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

LexBlog IP

JUNE 30, 2023

Definitions Endorsements – The Commission broadened the list of examples, including social media post tags, though it also clarified that such things “can” be endorsements but are not always. Clear and Conspicuous – The Commission retained its proposed definition, which tracks recent Commission orders.

Social Media 52

Social Media Advertising Advertising Publishing 52

Intepat

JUNE 19, 2024

If we are to look into the statutory definition of Evidence, under section 3 of the Indian Evidence Act 1872 evidence means and includes, All statements which the court allows or needs to be presented before it by the witnesses in connection to matters of fact under inquiry.

Trademark 52

Trademark Advertising Advertising Social Media 52

Copyright Lately

FEBRUARY 6, 2022

. “And that typically begs the question about rights…” The world of NFTs is littered with examples of startups run by folks who either don’t know, don’t understand or don’t care about obtaining permission from the owners of the underlying work for the NFTs they’re advertising and minting.

Music 93

Music Artwork Social Media Intellectual Property 93

The IPKat

AUGUST 1, 2024

Hashtags and Trade Marks - A Comparative Legal Approach If you’re a social media aficionado looking to boost your followers with summer posts, Nazanin Aslani ’s book is a must-read! This Kat must admit that, while it may be a bit bulky for a summer tote, it’s definitely worth the extra weight. Check out our detailed review here.

IP 70

IP Intellectual Property Editing Social Media 70

43(B)log

JUNE 27, 2024

is not an endorsement or advertisement within the meaning of Section 255.5 [of With only 52 calories a serving, no sugar added and gluten free, Blue Ice can definitely help you stay fit during quarantine. Anyway, the FTC considers “testimonials” interchangeable with endorsements, meaning “any advertising message.

Advertising 64

Advertising Advertising Social Media Law 64

IP and Legal Filings

NOVEMBER 23, 2024

A trademark is, by definition, a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. [1]. Why do trademarks matter in corporate strategy? Intellectual property rights protect trademarks.

Branding 104

Branding Brands Branding Technology 104

Technology & Marketing Law Blog

DECEMBER 12, 2021

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. That ruling has aged terribly because it’s so obviously wrong and ahistorical.

Copyright Infringement 138

Copyright Infringement Publishing Design Designs 138

IP and Legal Filings

SEPTEMBER 14, 2023

For example, social media has been widely discussing the impact of micro-plastics on the environment and contemplating methods to reduce its release. A class action could also be initiated by the consumers themselves as a whole, being victims of false advertising.

Branding 97

Branding Brands Branding Trademark 97

IP and Legal Filings

FEBRUARY 26, 2024

Today, the prevalence of such activities can be seen in online rummy advertisements on social media and the 2013 IPL match-fixing scandal. Furthermore, only a few states with specific legislation provide a clear definition of gambling, leaving online gambling to operate in a legal gray area.

Law 94

Law Licensing Government Advertising 94

LexBlog IP

SEPTEMBER 22, 2022

Courts consider several factors when deciding whether secondary meaning has been established: “(1) the amount and manner of advertising; (2) the sales volume; (3) the length and manner of use; (4) consumer testimony; and (5) consumer surveys.” Showing your sales and advertising. ” Id. ” Id. Barbecue Marx , Inc.

Social Media 52

Social Media Advertising Advertising Trademark Law 52

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. Merck Sharp and Dohme v. SMS Pharmaceuticals [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

The TTABlog

NOVEMBER 5, 2021

Examining Attorney April Roach submitted dictionary definitions of "spectacles" that were "significant, consistent and persuasive ? Snap did not provide survey evidence, nor did it furnish sales and advertising figures, "often the most important evidence of acquired distinctiveness." And so, the Board affirmed the genericness refusal.

Social Media 53

Social Media Advertising Advertising Reporting 53

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. Thus, Universal argued that the alleged misrepresentation was too vague and non-specific to definitely represent that viewers would see De Armas or her segment in the movie. of a motion picture.”

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

SEPTEMBER 8, 2021

True, “generic” and “descriptive” are separate legal definitions along the distinctiveness spectrum. Even if this evidence were relevant, the definitions of “generic” and “descriptive” were overlapping and confusing. By the Poret Survey’s own definition, those terms are therefore generic.

Copying 83

Copying Marketing Marketing Social Media 83

LexBlog IP

JULY 26, 2022

I recently joined BakerHostetler’s Chicago office in the Digital Assets and Data Management Practice Group after spending almost eight years at Publicis Groupe, where I led a team of attorneys supporting business units focused on media, data and advertising technology (“ad tech”).

Advertising 52

Advertising Advertising Branding Brands 52

43(B)log

OCTOBER 19, 2023

I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. The FAL explicitly provides that plaintiffs can recover for advertisements that were “known, or which by the exercise of reasonable care should be known, to be untrue or misleading.” This was, they alleged, a pump and dump scheme.

Due Diligence 64

Due Diligence False Advertising Social Media Advertising 64