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. Here, the allegations sufficiently stated a marketing context. Were the statements in an advertisement?

Advertising 62

Advertising Advertising Designs Design 62

43(B)log

JUNE 9, 2021

Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising , 106 Iowa L. 1841 (2021) From the introduction: Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even helpful to competition. This contradiction, though, is acute.

False Advertising 52

False Advertising Advertising Advertising Marketing 52

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Designs 57

Designs Design Social Media Privacy 57

43(B)log

OCTOBER 29, 2021

27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. Copper Compression Brands LLC, 2021 WL 5013799, No. 4604 (KPF) (S.D.N.Y.

False Advertising 57

False Advertising Advertising Advertising Designs 57

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 62

False Advertising Advertising Advertising Copyright 62

43(B)log

OCTOBER 12, 2021

7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. Quidel alleged that Siemens advertised (1) but provided (2). And there was no triable issue on actual injury based on allegedly false advertising to the physicians. 2021 WL 4622504, No.

False Advertising 57

False Advertising Advertising Advertising Marketing 57

43(B)log

APRIL 25, 2022

25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. This was first used by VSL, marketed as VSL#3. De Simone created an eight-strain combination probiotic product known as the De Simone Formulation.

False Advertising 44

False Advertising Advertising Advertising Reporting 44

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 73

Designs Design Art Intellectual Property 73

43(B)log

MAY 13, 2024

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. Participation at the Roundtable will be limited and invitation-only and we expect all participants to have read the papers in advance.

False Advertising 73

False Advertising Trademark Advertising Advertising 73

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 78

Advertising Advertising False Advertising Marketing 78

43(B)log

SEPTEMBER 13, 2021

2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. Lanham Act claim: Was this commercial advertising or promotion? C21-312 TSZ, 2021 WL 3930694 (W.D.

False Advertising 57

False Advertising Advertising Advertising Licensing 57

43(B)log

SEPTEMBER 8, 2021

market for mixing tips used by dentists to create impressions of teeth for dental procedures, such as crowns. He agreed with Mixpac’s Director of Market Segment Healthcare that all mixing tips of a given color had the same diameter, and Mixpac’s catalog uses color to identify the diameter. Sulzer Mixpac AG v. A&N Trading Co.,

Advertising 75

Advertising Advertising Marketing Marketing 75

Olartemoure Blog

SEPTEMBER 23, 2022

The breaches were related with the absence of informed consent for the processing of personal data collected on web pages, the absence of information regarding the processing of personal data, and the establishment of a default option to obtain the informed consent granted by the data subjects. Original source in Spanish.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

Trademark and Copyright Law Blog

JANUARY 14, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices.

Advertising 40

Advertising Advertising False Advertising Social Media 40

43(B)log

APRIL 25, 2022

The plaintiffs alleged that the stamps themselves were “a powerful form of advertising because they allow the Brazilian plywood companies to market their products as conforming to an important American safety standard.” pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising.

False Advertising 70

False Advertising Advertising Advertising Licensing 70

43(B)log

MARCH 21, 2024

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. Participation at the Roundtable will be limited and invitation-only and we expect all participants to have read the papers in advance.

False Advertising 62

False Advertising Trademark Advertising Advertising 62

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The underlying permanent injunction barred defendants from suggesting in promotional materials that their probiotic contained the same formulation as one marketed by De Simone. and many markets globally.” “So

False Advertising 62

False Advertising Advertising Advertising Litigation 62

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 57

Design Patent Designs Design Patent 57

Art Law Journal

APRIL 13, 2022

If you are a non-professional artist who is eager to turn your artistic talents into a career in graphic design, you’ve come to the right place. In this article series, you’ll find valuable information on building and maintaining a career in the creative space, including learning graphic design.

Graphic Design 52

Graphic Design Designs Design Art 52

Technology & Marketing Law Blog

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. It’s not hard to imagine how a negligent design claim could have been structured here.

Contracts 77

Contracts Designs Design False Advertising 77

IP Watchdog

NOVEMBER 1, 2021

This week in Washington IP news, the Senate Judiciary Committee hosts a hearing Tuesday morning to discuss various legislative efforts designed to address the rampant issue of counterfeit goods sold online by third-party sellers on major e-commerce platforms.

IP 104

IP Advertising Advertising Technology 104

Technology & Marketing Law Blog

JUNE 5, 2023

“After Mr. Ynfante divulged his account information to the scam helpline, the scammers made purchases on behalf of Mr. Ynfante and gained access to sensitive personal information such as his home address and Social Security number.” Google appeared first on Technology & Marketing Law Blog. Google LLC , 2023 U.S.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

Art Law Journal

DECEMBER 29, 2021

In this article series, you’ll find valuable information on building and maintaining a career in the creative space. Here we break down the different types of firms, agencies, and design companies so that you can make an informed decision that makes the most sense for you! Top Advertising Agencies. AD AGENCIES.

Graphic Design 52

Graphic Design Designs Design Web Design 52

TorrentFreak

FEBRUARY 24, 2023

After thriving in what was once a localized traditional market, Japanese comics known as ‘manga’ took the world by storm. Publishers and authors could only watch as their work fueled a huge but unlicensed black market. com, Shueisha sought permission from a court to obtain information from U.S.

Publishing 121

Publishing Advertising Advertising Music 121

Technology & Marketing Law Blog

FEBRUARY 7, 2024

The designation on Mr. Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. Case Citation : Roland v.

Advertising 97

Advertising Advertising Designs Design 97

TorrentFreak

JANUARY 19, 2024

Among them were uhuseries.com, owlserieshd.com, and ahaseries.com, relatively popular streaming platforms targeting the Thai market. Advertising Eyesore Assuming new pirate site owners aren’t concerned that a third party probably has root access to their server even after installation, it’s time to get the site ready for visitors.

Advertising 91

Advertising Advertising Intellectual Property Editing 91

azrights

OCTOBER 20, 2023

Designation of origin Among other things, that involves the need to use trademarks as designations of origin. That means the registered sign must be used as an identifier that buyers see when they’re making purchases or discovering a business through its advertising and promotional activities.

Branding 52

Branding Brands Branding Marketing 52

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 90

Trademark Social Media Advertising Advertising 90

azrights

JUNE 19, 2023

Tesco probably didn’t initially realise the wider ramifications of using the Clubcard name, so may have been satisfied with its advertising agency. Nearly 10 years ago a designer acquaintance approached me to offer her “brand refresh” service. My logo had been professionally designed and I was happy enough with it.

Branding 52

Branding Brands Branding Designs 52

IP and Legal Filings

FEBRUARY 15, 2024

With the growth of abovementioned platforms, driven by digitalization, concerns for data privacy and security and, potential misuse of the data has steeped in the minds of people who share personal information to access such platforms.

Privacy 95

Privacy Social Media Advertising Advertising 95

LexBlog IP

OCTOBER 18, 2022

The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting obstacles in place to discourage consumers from exercising certain rights. Design Elements That Induce False Beliefs.

Reporting 52

Reporting Privacy Designs Design 52

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 90

Advertising Advertising Television Government 90

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. Uber Technol., 20-cv-2320 (PKC) (S.D.N.Y.

Graphic Design 57

Graphic Design Advertising Advertising Technology 57

43(B)log

MAY 8, 2023

The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law.

Trademark 70

Trademark False Advertising Advertising Advertising 70

43(B)log

MARCH 22, 2023

The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law.

Trademark 76

Trademark False Advertising Advertising Advertising 76

LexBlog IP

NOVEMBER 17, 2022

This action follows the FTC’s September publication of “ Bringing Dark Patterns to Light ,” a report demonstrating companies’ increased use of design practices known as “dark patterns” to influence consumers buying behavior (the “Staff Report”). The FTC’s latest enforcement action confirms that message. What are dark patterns?

Privacy 52

Privacy Reporting Advertising Advertising 52

azrights

JUNE 19, 2023

Unless a business has intellectual property protecting its innovation, such as a trademark, patent, copyright, design, or trade secret, competitors are free to copy its differentiation strategy immediately. Tesco reportedly spent a million pounds on marketing the concept of loyalty cards and made the Clubcard name famous as a result.

Branding 52

Branding Brands Branding IP 52