25 Ways to Use Your Trademark
Erik K Pelton
MARCH 4, 2025
The following is an edited transcript of my video 25 Ways to Use Your Trademark. There are so many ways one can use their brand’s trademark.
Advertising Editing Social Media 
10 reasons that small businesses need to protect their trademarks
Erik K Pelton
NOVEMBER 19, 2024
The following is an edited transcript of Chapter 21 of my book video Building a Bold Brand: Small Business Concerns Small businesses are just as capable of creating and building great brands as big businesses are. In fact, small businesses may be even more capable.
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25 Classes of Goods and Services at the USPTO
Erik K Pelton
JANUARY 7, 2025
The following is an edited transcript of my video 25 Classes of Goods and Services at the USPTO. When applying to register a trademark at the USPTO, it is important to know about goods and services and their classification.
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Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General
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.
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Trademark Protection for eSports and Gamers
Erik K Pelton
MAY 23, 2022
The following is an edited transcript of my video Trademark Protection for eSports and Gamers. In the event that they have to go after infringers, domain names, social media handles, other people trying to profit off of their name, it’s not going to be as productive as it would be if the names were registered.
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This Week in Washington IP: AI Applications in Cyberspace, Innovating Active Carbon Management Technologies, and INTA’s Annual Meeting Live+
IP Watchdog
MAY 2, 2022
This week in Washington IP news, Senate committees are planning to host hearings on the applications that artificial intelligence can have in cyberspace, both for good and bad actors, as well as legislative proposals that could force social media platforms to increase transparency regarding algorithms for targeted advertising and news feeds.
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Chain Reaction: Did the Beastie Boys Sue the Wrong Restaurant?
Copyright Lately
JULY 15, 2024
The complaint ( read here ) accuses Chili’s operator Brinker International of using the band’s 1994 hit song “Sabotage” in an unauthorized social media video to promote the restaurant. But is Chili’s the real victim of sabotage here? Novak and Michelin-starred chef Tim Hollingsworth.
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2023 Internet Law Year-in-Review
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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How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers
LexBlog IP
JULY 14, 2022
The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.
Contracts 52
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Monster wins permanent injunction against VPX in false advertising case
43(B)log
APRIL 18, 2023
12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As
Choosing Acceptable Evidence of Use for USPTO Trademark Applications
Erik K Pelton
FEBRUARY 9, 2021
The following is an edited transcript of my video, The Types of Acceptable Evidence for Trademark Applications. A webpage, even a Facebook or Instagram page in some circumstances can be acceptable advertising for the services, as long as it describes what those services are and uses the trademark in connection with them.
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Eminem IP Owners Sue Over Ford TikTok 'Lose Yourself' Ads
IP Law 360
JANUARY 28, 2025
Eminem's publisher hit a Ford dealership with a copyright infringement lawsuit in Michigan federal court Monday, alleging the business used the rapper's hit "Lose Yourself" on TikTok and other social-media advertisements for a limited edition Detroit Lions Ford F-150 pickup truck without permission or obtaining requisite IP licenses.
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Hollywood and Netflix Report Piracy Threats to the EU, Call for ‘Intermediary’ Action
TorrentFreak
SEPTEMBER 9, 2024
The most recent version of the report was published in 2022 and the EU is currently working on an updated edition. The full list, available at the bottom of this article, also includes less obvious targets, such as the messaging app Telegram, Russian social media network VK, and various domain name registries. Like its U.S.
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Around the IP Blogs
The IPKat
JANUARY 2, 2022
The well-known company was sued in a California federal court last year for using photos Schroeder took of Sumida posing next to a Volvo S60 as part of a "global advertising campaign" on Instagram without her permission. Ireland, Italy and Estonia).
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Section 230 Protects Services That Permit Anonymous Third-Party Posts–Bride v. Snap
Technology & Marketing Law Blog
JANUARY 19, 2023
A couple of specifics: The false advertising claims don’t escape 230: “Had those third-party users refrained from posting harmful content, Plaintiffs’ claims that Defendants falsely advertised and misrepresented their applications’ safety would not be cognizable.” ICS Provider. ” Publisher/Speaker Claims.
[Guest post] The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics
The IPKat
JULY 12, 2024
Brat green: from the streets of NYC to the domination of social media and then to the catwalks (?) slime green (now ‘brat green’) in various means of advertising throughout the promotional campaign. slime green (now ‘brat green’) in various means of advertising throughout the promotional campaign.
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10 IP Books to Pack in Your Summer Totes
The IPKat
AUGUST 1, 2024
This Kat is here to help with a list of ten top-notch IP books that will make your summer holiday both enjoyable and productive: Copyright and the Court of Justice of the European Union (Second Edition) By PermaKat Eleonora Rosati , this book was voted the IPKat’s Book of the Year for Best Copyright Book 2023 by our readers!
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FTC Updates Endorsement Guides
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.
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Former Employee Sues Kilroy’s for Copyright Infringement
Indiana Intellectual Property Law
SEPTEMBER 28, 2022
He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles. Schwartz alleges he was never paid for his services despite numerous messages and meetings.
Copyright and Generative AI: What Can We Learn from Model Terms and Conditions?
Kluwer Copyright Blog
JULY 24, 2024
While study of social media and online platform private ordering is a very well-established way to find out how providers deal with copyright, data protection and consumer protection, studies of generative AI T&C have been slower to get going. You can find the full report here.
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FTC Updates Endorsement Guides
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.
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Shutterstock: What License Allows Third – Party Transfer?
IP and Legal Filings
JULY 24, 2023
Introduction Shutterstock is a global provider of licensed images, videos, audio and editing tools, that has revolutionized the way visual content can be accessed and used. It removes the restrictions on budget and print reproductions, enabling web distribution, copy printing and packaging, and out-of-home advertising impressions.
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Section 230 Doesn’t Protect App Stores That Sell Virtual Chips for Casino Apps–In re Apple App Store
Technology & Marketing Law Blog
SEPTEMBER 6, 2022
The court continues its downward spiral: “the Platforms have behaved as ‘editors’ by helping develop the social casino apps using big data to make the games more profitable and more addicting. Providing social casino developers with big data is like an editor providing edits or suggestions to a writer.”
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Advent of AI Voice Generation and Threat to Personality Rights
IP and Legal Filings
MAY 17, 2024
The development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personality rights specifically.
Interesting Patents | Spotify: Unleashing the Power of Bluetooth Low Energy in Your Car
LexBlog IP
MAY 9, 2023
In this edition of #InterestingPatents, we drive into the future with Spotify’s new patent. PATENT ABSTRACT & ART: A method for media presentation in a vehicle includes receiving a Bluetooth Low Energy (BLE) advertising message from a user interface (UI) device. Looking for more information on patents ?
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FTC Revises Endorsement and Testimonial Guides
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. Below are some highlights. Who Is Liable?
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Avoiding Fumbles and Penalties in California with Influencer Classification
LexBlog IP
FEBRUARY 16, 2024
Similar to celebrity-filled ads, collaborative relationships between influencers and companies on social media continue to be prevalent. Like Patrick + Brittany and Travis + Taylor: Partnerships Are Key Nowadays, celebrities and social media influencers are more business savvy. Edited by Coby Turner and Cathy Feldman
Social Media 52
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US News rating was mere opinion except as to school that intentionally submitted bad information to it
43(B)log
FEBRUARY 26, 2024
USC allegedly orchestrated this scheme through its submission of false/incomplete data, and then advertised the resulting rankings knowing that they were misleading. For example, 2U engaged in online advertising to promote USC Rossier’s ranking; it spent more than half of its revenue on program sales and marketing.
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Was Mark Twain the Original “Bad Art Friend”?
Copyright Lately
OCTOBER 10, 2021
The dispute between writers and former friends Sonya Larson and Dawn Dorland over a short story involving a kidney donation has captured the attention of social media during the past week. An advertisement for Abby Sage Richardson’s dramatization of “The Prince and the Pauper,” produced by Daniel Frohman.
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‘Google Zero’: Incentives & Remuneration in a New Era of ‘Agentic’ Copyright
Kluwer Copyright Blog
JUNE 26, 2024
are the background lyrics of the latest Google advertisement about the future of online search. Our AI knowledge twins house our personal publications, which we make available to our social media followers and students through this new interface. A ‘Google Zero’ World? “I I got the new stuff!”
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Book Review and Reader Discount: Copyright and Cartography
The IPKat
JANUARY 28, 2024
The book is advertised as being of interest to historians, historians of the map and print culture, as well as those interested in the history of knowledge and how legal control over data has been exerted overtime and intellectual property scholars. As these are more like social media apps than maps.
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Precedential No. 16: WYHA? TTAB Affirms Mere Descriptiveness Refusal of ONLINETRADEMARKATTORNEYS.COM as Claim of Acquired Distinctiveness Fails
The TTABlog
JUNE 11, 2021
In the absence of supporting evidence, we cannot find that Applicant has advertised extensively." Sausser Summers also claimed that it “has advertised in print magazines, social media platforms, internet ads, and various other sources across the U.S.
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Supplement guide was plausibly an agent of supplement company; direct and secondary liability available
43(B)log
MARCH 22, 2023
Ariix sued NutriSearch and MacWilliam with similar claims to those raised here about Nutrisearch’s alleged lack of independence from and bias towards Usana, resulting in false advertising. Prior to the Sixth Edition of the Guide, Usana reprinted its supplement labels to emphasize the potency of its products with regards to “cell signaling.”
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Building an Amazing Digital Art Portfolio that Lands Jobs
Art Law Journal
APRIL 27, 2022
Collectors, gallerists, advertising agencies, companies, and more will look online to learn more about your artistic work and credentials as a creator. Connect your portfolio site with your social media channels. Edit and curate the artwork in your digital art portfolio, so it represents the authentic you.
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Building a Digital Portfolio that Lands Jobs for Artists
Art Law Journal
APRIL 27, 2022
Collectors, gallerists, advertising agencies, companies, and more will look online to learn more about your artistic work and credentials as a creator. Connect your portfolio site with your social media channels. Edit and curate the artwork in your digital artist portfolio so it represents the authentic you.
Artwork 52
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NFT Update: 5 Recent Lawsuits Show a Glimpse into Future Legal Battles Involving NFTs
LexBlog IP
APRIL 13, 2022
In the Amended Complaint, Hermès claimed that Rothschild first began advertising the NFTs under the “METABIRKINS” trademark on December 2, 2021, at Art Basel in Miami, Florida. On March 2, 2022, Hermès filed an Amended Complaint. In a letter to the court on February 22, 2022, defendants requested a hearing to brief a motion to dismiss. [53].
My “Summer” 2022 Activities
Technology & Marketing Law Blog
AUGUST 29, 2022
6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). We posted three chapters from the book: Featuring People in Ads (2022 Edition). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Books and Academic Articles.
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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)
Technology & Marketing Law Blog
MAY 13, 2024
— Bright Data has long sold the data of all the major social media companies. Editions Ltd. seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping. In November 2023, X corp. on all counts. Bright Data Ltd. ,
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World’s Most Notorious Pirate Sites Listed in New USTR Report
TorrentFreak
JANUARY 31, 2024
In common with previous years, the 2023 edition published Tuesday highlights “prominent and illustrative” examples of mainly online sites and services that either engage directly in piracy, facilitate it, or simply turn a blind eye to infringement while enjoying the benefits. After an unexplained absence in 2021, YTS.mx
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California’s Proposed Fix to the Journalism Crisis Is Unconstitutional and Worse Than Socialism (Comments on the California Journalism Protection Act, CJPA)
Technology & Marketing Law Blog
JUNE 22, 2023
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.” Publishers can charge for advertising in many ways, including ad impressions (CPM), clicks, actions, fixed fee, etc. Free Speech L. 127 (2022).
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Section 230 Immunizes Snap, Even if It’s “Inherently Dangerous”–L.W. v. Snap
Technology & Marketing Law Blog
JUNE 7, 2023
The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” a poor fit to prevent sexual grooming on Snapchat.” Citing Doe v.
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FOSTA Claim Can Proceed Against Twitter–Doe v. Twitter
Technology & Marketing Law Blog
SEPTEMBER 6, 2021
The court summarizes the allegations: Plaintiffs John Doe #1 and John Doe #2 allege that when they were thirteen years old they were solicited and recruited for sex trafficking and manipulated into providing to a third-party sex trafficker pornographic videos (“the Videos”) of themselves through the social media platform Snapchat.
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SpicyIP Weekly Review (May 13- May 19)
SpicyIP
MAY 20, 2024
We are thrilled to announce the judges for this edition: Prof. (Dr.) The plaintiff alleged that the defendant not only manufactures the impugned product but also promotes the same on social media. As always, the topic is open ended, so long as it is related to IP law. There are also prizes of 50k to be split between the winners!
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Spotify successfully opposes POTIFY applications based on dilution by blurring
LexBlog IP
FEBRUARY 9, 2022
Spotify offers digital copyright restricted recorded music and podcasts from record labels and media companies. Users can search for music based on artist, album, or genre, and can create, edit, and share playlists. Spotify AB , 2022 USPQ2D 37 at *7. Yankees P’ship, 114 USPQ2d at 1502 (quoting 15 U.S.C. § Opposer’s 23.3
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