Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. To navigate the seemingly unending stream of advertisements, consumers often depend on independent reviews for candid and accurate assessments. Ariix, LLC v. NutriSearch Corp.,

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Advertising Advertising Contracts Social Media 109

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

TorrentFreak

MARCH 29, 2023

For reasons that make absolutely no sense while somehow making perfect sense, millions of internet users think that social media platforms are perfect for piracy. Nevertheless, the masses love quick and easy so in common with similar platforms everywhere, social media has a piracy problem.

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Social Media Advertising Advertising Copyright 132

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. While keyword advertising uses trademarked words to divert customers, cybersquatting involves acquiring domain names to benefit from trademarks.

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Trademark Social Media Advertising Advertising 90

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Yet plaintiffs are suing Vogue , because Vogue has an agreement with the website Moda Operandi to link from Vogue to Moda if anyone wants to purchase the designer clothes featured in Vogue online stories. In one way, it's a replay of the Stewart v.

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Advertising Advertising Designs Design 62

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.

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Advertising Advertising False Advertising Marketing 78

The IPKat

AUGUST 17, 2022

Recently, this Kat reported on Beyoncé’s decision to remove a sample from her song, after Kelis took to social media to complain, even though the rights had been cleared and there was no copyright infringement. As I explained in the Guardian : “It doesn’t matter that Beyoncé didn’t actually infringe Kelis’s rights.

Social Media 136

Social Media Registration Intellectual Property Ownership 136

Michael Geist

APRIL 20, 2023

When they make money from these activities, social media companies must be obliged to reinvest in our creators and into local content creation. The specific use case: The amendment could also fail to achieve its own stated purpose to capture commercial sound recordings broadcast by social media platforms. Section 4.1(2)

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Government Social Media Law Music 97

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 95

Privacy Social Media Advertising Advertising 95

43(B)log

JULY 15, 2024

“The test group was presented five pages from StockX’s website featuring the Authenticity Statements, and the control group was presented with similar webpages that featured versions of those statements that omitted references to ‘authentication’ or substituted them with references to ‘inspection.’”

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False Advertising Branding Brands Branding 67

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The author presents a case pending before the Supreme Court Patent that addresses this question ( Olaf Sööt Design, LLC v. 21-438).

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Blogging IP Non-Fungible Tokens Cease and Desist 124

43(B)log

MARCH 21, 2024

Peacock identified, among other things, Pabst’s “It’s the Water” slogan and the depiction of the “unique waterfalls from the (now) closed brewery from the Olympia area” on the Olympia Beer packaging, on its website, and on social media.

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Social Media Marketing Marketing Designs 57

SpicyIP

AUGUST 22, 2022

On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’. i)advertising or promotion that permits consumers to compare goods or services; or. (ii)identifying The Hermès-Rothschild Dispute.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Corsearch

APRIL 19, 2023

Read insights from fashion brand Tommy Hilfiger and a leading social media consultant on how brands can raise awareness of the dangers of counterfeits and turn this into a positive message for change. Gone are the days of consumers relying on official company websites and advertising to make purchasing decisions.

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Branding Brands Branding Social Media 40

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Since early 2020, Defendant Nepute and Quickwork have used several platforms, including social media, emails, and radio, to tout the purported benefits of Vitamin D and zinc and to promote Wellness Warrior supplements. ”

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Government Advertising Advertising Social Media 52

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Its social media posts featured photos of the Leo’s Loo products, but those posts were tagged, at least in part, with #litterrobot, #LitterRobot, and #litterrobot3.

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False Advertising Advertising Advertising Social Media 57

43(B)log

MARCH 25, 2024

These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge. 4th 760 (5th Cir.

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Advertising Advertising Social Media Government 62

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

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Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

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Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

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Social Media Law Blogging Publishing 99

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. They allegedly watched the movie because they wanted to see De Armas and the scene in the movie. of a motion picture.” UCL: Under the unlawful prong, an ad must violate another “borrowed” law to be actionable.

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False Advertising Advertising Advertising Social Media 70

Corsearch

MARCH 13, 2023

Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. Corsearch customers also benefit from expert enforcement across P2P services, streaming websites, cyberlockers, social media, app stores, paid search & advertising, and UGC platforms. Oswald the Lucky Rabbit.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

TorrentFreak

FEBRUARY 15, 2022

Grisham and Turow don’t directly reference any of these efforts. Just a day after the complaint was filed, a Washington court issued a temporary restraining order designed to cripple Kiss Library. Without the defendants being heard, domain registries and registrars, including Tucows Domains Inc., Whois Privacy Corp.,

Social Media 103

Social Media Publishing Copyright Law Copyright 103

Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products sells a toy that imitates the trademarks of Jack Daniel’s Properties using a design similar to the company’s whisky label and bottle shape, but with the name “Bad Spaniels”, a spaniel’s face, and poop jokes. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand.

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Blogging Trademark Fair Use Trademark Law 104

The IPKat

MARCH 26, 2024

As for the Source Survey, the High Court judge had correctly concluded that it was designed to have qualitative, rather than quantitative significance, and did not make the mistake of treating it as determinative of any issue. Therefore, although the Court accepted that the High Court's finding (i.e.

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Copyright Copyright Infringement Copying Social Media 56

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Note how this explicitly covers both leave-up and takedown decisions. 230’s Constitutionality.

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Contracts Publishing Law Government 137

43(B)log

AUGUST 3, 2023

So too w/false advertising. Advertising: false endorsement potential. Actors’ strike is in part about who controls past performances if they’re being used to populate new media productions? Assumptions skipped over in TM/false advertising analysis.] Keep up with the culture by considering social media.

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Registration False Advertising Advertising Advertising 52

43(B)log

SEPTEMBER 8, 2021

But the survey “side-stepped the key inquiry—namely, whether respondents understood ‘organic protein’ to refer to Orgain’s goods or whether they understood the term to refer to a category of products.” Even without that, the claimed trade dress featured a “common, basic” package shape and label design.

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Copying Marketing Marketing Social Media 82

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

43(B)log

JANUARY 18, 2022

is ‘hammer beating.’ ” However, “English-speaking Facebook users use “Hammer-Schlagen” to refer to a game; it is not clear whether the users are referring to the Hammer-Schlagen branded game or a more generic version.” At least some stumps shown in social media posts tagged “hammerschlagen” are not WRB stumps.

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Registration Ownership Social Media Marketing 44

IP and Legal Filings

SEPTEMBER 12, 2022

Subject matter of a copyright is covered under section 13 of the Copyrights Act 1957 (hereby referred to as the Act) which subsists of the following: Literary Work. Additionally, when it comes to videos, we live in a time of social media where the platforms are made up of recreations and iterations of works. Copyrighting Art.

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Art Copyright Artistic Work Public Domain 52

LexBlog IP

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. At least until the computers start touring, that is.

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Music Copyright Copying Copyright Law 84

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. JLM”), to serve as a wedding, bridesmaid, and evening gown dress designer for JLM. As is often true in fashion, what once was old is now new again. Cohen , 173 F.3d

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Social Media Contracts Confidentiality Business 59

Kashishipr

MAY 4, 2022

In most cases, it is typically sufficient if the trademark symbol appears with one single prominent use of the mark in one single label or advertisement, even though the mark in itself may appear multiple times. The same includes e-commerce marketplaces, standalone business websites, and social media channels.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

The IPKat

OCTOBER 16, 2023

In the background, the bottle design was displayed (see pictures below). The EUIPO referred to the purpose of this condition, namely to limit conflicts between signs by precluding an earlier right that is not sufficiently important and significant in the course of trade from preventing registration of a new EU trade mark.

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Art Registration Social Media Publishing 75