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

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

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.

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Advertising Advertising Designs Design 97

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

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Law Social Media Advertising Advertising 104

Technology & Marketing Law Blog

AUGUST 24, 2021

This lawsuit alleges that Facebook is liable for Fair Housing Act discrimination purportedly enabled by its self-service advertising tools. The plaintiffs allege Facebook had a role in “creating, promoting use of, and profiting from paid advertisers’ use of the Targeting Ad tools.” The initial complaint.

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Advertising Advertising Marketing Marketing 135

TorrentFreak

SEPTEMBER 8, 2023

Speaking with IBC last week, Sheila Cassells, Executive VP at the Audiovisual Anti-Piracy Alliance, warned that entertainment companies need to be very concerned about “any technological development” which can be used to access pirated content. What’s AAPA’s position there?

IP 111

IP Intellectual Property Marketing Marketing 111

Olartemoure Blog

SEPTEMBER 23, 2022

Science, Technology, and Innovation projects in the Bioeconomy sector can now access differentiated lines of credit through BANCOLDEX. Finance for these projects includes costs associated with managing intellectual property and/or creating technology-based companies (Startups – Spin-offs) resulting from their execution.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

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

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

DECEMBER 29, 2021

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! Today, agencies and design firms come in many shapes and sizes. Top Advertising Agencies. AD AGENCIES. Wieden + Kennedy. Leo Burnett. DIGITAL AGENCY.

Graphic Design 52

Graphic Design Designs Design Web Design 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

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. Uber Technologies, the one you know about, was incorporated in 2010. describes its business as including graphic design like logos, stationery and brochures; promotional events and mailings; and consumer-oriented campaigns, like magazine advertisements.

Graphic Design 57

Graphic Design Advertising Advertising Technology 57

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers.

Trademark 52

Trademark Intellectual Property Branding Brands 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

Technology & Marketing Law Blog

AUGUST 17, 2021

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” The defendants run the Accident Injury Legal Center, which runs a lawyer referral service. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

AUGUST 19, 2021

The court says: The offending content is generated by Classmates and the advertisement is not merely some passive display of content created by another entity, even if it contains a picture from a school yearbook. Here, the focus is on Classmates’ use of a yearbook photo in stand-alone advertisements it uses to lure in potential customers.

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Advertising Advertising Marketing Marketing 122

Technology & Marketing Law Blog

JUNE 5, 2023

. “there is no doubt that the complaint treats Google as the publisher or speaker of information… the plaintiff’s causes of action against Google rest solely on the theory that Google did not block a third-party advertisement for publication on its search pages. ” The ad came from a third-party. .”

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

AUGUST 26, 2021

5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. 2021 WL 1253803, No. 20-cv-06957-VKD (N.D. The court agreed!

Designs 63

Designs Design Copying Copyright Infringement 63

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Cite to Ohio State v.

Artwork 98

Artwork Trademark Publishing Marketing 98

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. In other words, not even close.

Blogging 84

Blogging Copyright Fair Use Copyright Infringement 84

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. And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. Wal-Mart * CaféPress Denied 230 Motion to Dismiss–Curran v.

Copyright 101

Copyright Trademark Law Publishing Copyright Infringement 101

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. ” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. ICS Provider. ICS Provider.

False Advertising 88

False Advertising Social Media Publishing Advertising 88

43(B)log

JULY 15, 2024

As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” Nike’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions. Cross-examination could address any deviation from market conditions.

False Advertising 67

False Advertising Branding Brands Branding 67

Technology & Marketing Law Blog

MARCH 8, 2024

As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising. GmbH as a Possible Trademark Troll The post The SAD Scheme as an Institutional Failure appeared first on Technology & Marketing Law Blog.

Trademark Law 100

Trademark Law Trademark IP Blogging 100

Technology & Marketing Law Blog

MARCH 13, 2022

” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Amazon ruling.

Trademark 81

Trademark Advertising Advertising Settlement 81

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Comments on CA AB 2273, The Age-Appropriate Design Code Act). Books and Academic Articles. Comments on AB2408).

Editing 90

Editing Social Media Blogging Advertising 90

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc. 5,572,801 and 6,069,279.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

The IPKat

SEPTEMBER 27, 2023

Earlier, before the movie started, you watched an advertisement for a soft drink, presented by none other than Marilyn Monroe and James Dean. Deepfake technology has made it possible to bring deceased icons back into the spotlight. Deepfake technology has made it possible to bring deceased icons back into the spotlight.

Personality Rights 127

Personality Rights Advertising Advertising Publishing 127

LexBlog IP

MAY 4, 2023

According to Meta’s report, “to target businesses, malicious groups often first go after the personal accounts of people who manage or are connected to business pages and advertising accounts. Bad actors will use the newest technology as weapons. ” With any new technology comes new risk.

Privacy 40

Privacy Reporting Designs Design 40

Olartemoure Blog

SEPTEMBER 16, 2022

This order adds to the precautionary measures adopted by a Colombian judge prohibiting the marketing of some Apple product references for alleged infringement of a patent covering a part of the 5G standard in Colombia. . 09/15/22 – Innovation, Protection and Technology transfer.

Intellectual Property 98

Intellectual Property Intellectual Property Management Music Advertising 98

Technology & Marketing Law Blog

JULY 9, 2023

Such pictograms (including emojis) are perceived by the relevant public as a general advertising message or purely decorative elements that are devoid of any distinctive character. appeared first on Technology & Marketing Law Blog. For an overview of the emojis/IP interface, see this article.

Registration 85

Registration Trademark IP Advertising 85

Technology & Marketing Law Blog

FEBRUARY 18, 2024

.” The court explains: as in Twitter, the Alibaba Defendants’ acts — such as promotional emails advertising Merchant Defendants’ products — are primarily if not wholly algorithmically-generated. Alibaba appeared first on Technology & Marketing Law Blog. But here, such evidence was, and is, lacking.

Blogging 88

Blogging Advertising Advertising Trademark 88

Indiana Intellectual Property Law

MARCH 14, 2023

Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. They have designed, marketing and manufactured Sensible Solutions for its customers. Vandor began by specializing in custom die-cutting of chipboard and corrugated fiberboard components. Hillenbrand.

Patent Infringement 40

Patent Infringement Social Media Patent Designs 40

Corsearch

NOVEMBER 23, 2023

Popular trends in fashion, pharmaceuticals and health, technology, entertainment, and society are often drivers in the words found in trademark registrations. The name space is crowded, and bringing a new name to market has become a difficult endeavor. focus on products in the pharmaceutical, health, wellness, and cosmetics sectors.

Trademark 59

Trademark Registration Branding Brands 59

Technology & Marketing Law Blog

FEBRUARY 12, 2024

The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” ” Market Effect. Further, “if IJR’s challenged use becomes uninterrupted and widespread,” it hurts Philpot’s potential market of licensing to media outlets.

Fair Use 90

Fair Use Licensing Copyright Marketing 90

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 87

Litigation Contracts Advertising Advertising 87

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.” This is a case focusing on ownership of social media accounts. The court also found “Ms.

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Social Media Ownership Branding Brands 100