Technology & Marketing Law Blog

MAY 4, 2022

“Plaintiff contends that Pinterest has infringed the copyrights of 51 of his works by displaying these works in proximity to advertisements and by displaying and distributing them to users via notifications.” You’ll see to its immediate right an advertisement (a promoted pin). Section 512(c). User infringements.

Advertising 119

Advertising Advertising Copyright Infringement Copyright 119

TorrentFreak

AUGUST 7, 2022

At the other end of the market, cutting costs to maximize slender advertising revenues appears to be more important than a glossy user experience. The court documents show that the named sites didn’t host any video content since both rely on third-party hosting sites to supply content. Court Filing Targets Streaming Sites.

Public Domain 144

Public Domain Advertising Advertising Copying 144

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Appian disseminated the report through its sales team, social media, and other marketing.

Marketing 59

Marketing Marketing Business False 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

Traverse Legal Blog

MARCH 26, 2025

Understanding the Compliance Trifecta: Amazon Guidelines, FDA Rules, and FTC Marketing Regulations Publishing in the health space doesnt just demand compelling contentit requires navigating a complex and overlapping web of rules. FTC marketing guidelines are available to help. Each has its own mandate.

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Branding Branding Brands Marketing 52

43(B)log

FEBRUARY 14, 2025

11, 2025) This discovery dispute says some interesting things about gray market goods. Toyota argued that if Allen plans to argue that the Toyota Branded Parts it sells are covered by some type of Manufacturer Warranty as advertised to the consuming public, Toyota is entitled to know what warranties, if any, are offered by Allens suppliers.

Marketing 52

Marketing Marketing False Advertising Advertising 52

Olartemoure Blog

OCTOBER 30, 2023

We touch on topics like its regulatory framework, clinical practice, marketing authorization, amending authorizations, recall, promotion, enforcement of advertising rules, pricing and reimbursement, off-label use and unlicensed products, sale and supply, and recent trends that have been noticed.

Intellectual Property 105

Intellectual Property Marketing Marketing Publishing 105

SpicyIP

AUGUST 8, 2024

This is what was seen in the recent case of M/s KG Marketing of India v. KG Marketing India, through its proprietor, Mr. Karan Kumar, against Rashi Santosh Soni and Santosh Soni (the defendants) to seek an injunction to prevent the use of the trademark “SURYA”. Rashi Santosh Soni & Anr. Meenakshi case and the Ashok v.

Trademark 111

Trademark Marketing Marketing Advertising 111

43(B)log

APRIL 25, 2023

Republic alleged that HBI, its competitor in the tobacco rolling paper industry, engaged in false advertising under the Lanham Act, unfair competition, and violations of the IUDTPA. Also, a company’s belief that its advertising is important and profitable “is not evidence that the advertising actually had that effect.”

False Advertising 59

False Advertising Advertising Advertising Law 59

TorrentFreak

DECEMBER 20, 2022

Global Anti-Piracy Pact will also propose/establish new standards and best practices to protect the legal market from unlawful competition. This extract from the agreement is followed by three common monetization methods – advertising, subscription payments, and the sale of preconfigured hardware devices.

Government 144

Government Marketing Marketing Advertising 144

IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. The document shall be deemed to have been filed only when the appropriate fee is received. Conclusion.

Trademark 98

Trademark Service Mark Registration Registering Trademarks 98

LexBlog IP

JANUARY 9, 2023

In 1998, the Federal Trade Commission (FTC) issued “Dietary Supplements: An Advertising Guide for Industry,” and for years that document served as an important starting point for analyzing health claims for dietary supplements. So pay attention, marketers of foods and over-the-counter drugs and device manufacturers.

Advertising 52

Advertising Advertising Marketing Marketing 52

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.” I even agree with the latter point!) Facebook , Nos.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

The TTABlog

JUNE 21, 2021

Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. However, Barnard's proofs showed only that he advertised his services but not that he rendered the services.

Advertising 52

Advertising Advertising Service Mark Branding 52

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 56

False Advertising Advertising Advertising Licensing 56

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 64

False Advertising Advertising Advertising Copyright 64

43(B)log

OCTOBER 6, 2021

In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., 17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. Sanofi argued that none of its advertisements or promotional materials made any of these assertions.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Olartemoure Blog

JULY 14, 2022

Said document illustrates among other matters: (i) exchange violations, especially those monitored under DIAN jurisdiction; (ii) forex declarations; (iii) import and export operations; (iv) voluntarily conducted operations. 07/14/22 – Patents. 07/14/22 – Patents. 36031, which has been declared essential for the 5G standard.

Social Media 98

Social Media Intellectual Property Marketing Marketing 98

SpicyIP

JULY 22, 2024

201617028283) via the First Examination Report (FER) ( pdf ) issued on 21 January 2020 faced objections, including lack of inventive step under Section 2(1)(j) based on prior art documents as well as on the Section 3(b) restriction. Understanding Why the Patent Application Went Up in Flames The patent application (no. Mitra And Co.

Invention 110

Invention Patent Patent Application Government 110

Olartemoure Blog

JULY 28, 2022

This new manual is the work of more than forty experts who sat in over twenty technical sessions, as well as WIPO’s oversight and the revision of three versions of the document. . The above shows the intention to protect the fundamental right of habeas data in all arenas, given it extends to all digital advertising campaigns. .

Intellectual Property 105

Intellectual Property Privacy Advertising Advertising 105

Above the Fold

DECEMBER 30, 2022

The Federal Trade Commission (FTC) just published its Health Products Compliance Guidance (“Guidance”), which it issued to replace an advertising guide from 1998 focused on dietary supplements. While most of the examples involve dietary supplement advertising, the same legal principles apply to the marketing of any health-related product.”.

Advertising 52

Advertising Advertising Marketing Marketing 52

Intepat

APRIL 10, 2022

It provides assistance on market development, quality, and technology up-gradation. MSMEs can use the trademark as a source of advertisements. The registration process is relatively simple and requires few documents. Indian MSMEs could avail this opportunity to establish and protect their identity across the market.

Registration 98

Registration Trademark Branding Branding 98

TorrentFreak

APRIL 24, 2023

The aim was to find solutions to these well-documented problems under existing law, which rightsholders insist is inadequate. Perhaps fittingly given the topic, the EC’s report has already leaked online and according to reports, rightsholders are underwhelmed by the document, to put it mildly.

Reporting 135

Reporting Advertising Advertising Law 135

TorrentFreak

JANUARY 21, 2022

For example, it’s believed that Google-owned YouTube holds information on the operators of several channels that are used for marketing and advertising EngineOwning products. Supporting court documents here ( 1 , 2 , 3 , pdf). Without a doubt, the list of companies is extremely broad.

Cease and Desist 145

Cease and Desist Social Media Reporting Copyright Infringement 145

Intepat

JUNE 19, 2024

Intellectual Property is often aligned with a set of intangible assets including invention & creation and when it comes to trademark prosecution it is highly crucial to substantiate your creation with appropriate supporting documents to make your case strong. These documents are termed documentary evidence.

Trademark 52

Trademark Advertising Advertising Social Media 52

43(B)log

OCTOBER 17, 2024

Plaintiffs allegedly saw the representations on the “product labels and otherwise” on Amazon’s site and believed “that the [p]roducts harbored therapeutic value, and/or they and the marketing claims were reviewed and approved by the FDA.”

Marketing 59

Marketing Marketing Law Business 59

SpicyIP

MARCH 14, 2025

The eatery owners argued that they had been using the name Burger King since 1992, which was over two decades before Burger King US entered the Indian market in 2014. It becomes critical to ask whether prior use in the worldwide market suffices in such cases. Exploring the Presented and Potential Trademark Arguments 1.

Trademark 64

Trademark Registering Trademarks Registration Branding 64

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. ” [Does this create an affirmative obligation to include images?

Trademark 144

Trademark False Advertising Advertising Advertising 144

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. The court says that inference is good enough because “defendants offer declarations and documents that they say provide an electronic record of plaintiff’s click of the Blocker Card.”

False Advertising 141

False Advertising Marketing Marketing Advertising 141

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. Many sites have multiple overlapping governance documents with similar names, so it’s fair for consumers to expect accurate specificity. appeared first on Technology & Marketing Law Blog. sought to send the case to arbitration.

False Advertising 98

False Advertising Government Privacy Designs 98

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

Technology & Marketing Law Blog

OCTOBER 19, 2021

To find the HTML code’s physicality necessary to treat it like a chattel, the court makes this garbled statement: like a domain name, a website is a form of intangible property that has a connection to an electronic document. “A website occupies physical space on the web server, which can host many other documents as well.”

Licensing 105

Licensing Copyright Contracts Advertising 105

IPilogue

SEPTEMBER 29, 2021

The original Lynn Goldsmith photograph (left) and Andy Warhol’s Prince portrait (right), as reproduced in court documents. In fact, nearly all creations by Andy Warhol are derivatives of existing images—celebrity photos, advertisements, magazine illustrations, etc.—to Photo Credit: Artnet News. .

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

TorrentFreak

MAY 14, 2022

On the flip side, today’s interconnected world has the ability to transform leaks into powerful advertising and hype, keeping message boards and social media alive with discussion of exciting new products, at zero cost to official marketing teams. First Images of ‘Valorant Mobile’ Appear. .

Copying 135

Copying Social Media Copyright Copyright Law 135

43(B)log

FEBRUARY 7, 2022

Vohra Wound Physicians” is used to refer to their physician practice groups in marketing materials and in contracts with facilities. It was undisputed that Wound Care lost market share to defendants, including in the 18 states where defendants didn’t apply for Medicare authorization and during the incentive periods.

Advertising 45

Advertising Advertising False Advertising Contracts 45

43(B)log

AUGUST 12, 2021

Plaintiffs alleged that the dollar bill rule is no longer the prevailing view in the industry, and that Safelite’s internal documents show that it knew that the repair of windshield cracks “up to 24 [inches]. Safelite counterclaimed for trade secret theft not related to advertising. can be safe and is viable.” This was too speculative.

False Advertising 45

False Advertising Advertising Advertising Marketing 45