JD Supra Law

MAY 2, 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office. By: Katten Muchin Rosenman LLP

Editing 65

Editing Advertising Advertising Marketing 65

Intellectual Property Law Blog

JANUARY 18, 2024

2022-1194, 2022-1208, and 2022-1246 (December 7, 2023) , the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents. Lupin Ltd., Patent Nos.

Advertising 147

Advertising Advertising Marketing Marketing 147

Selvam & Selvam Blog

APRIL 5, 2022

When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. But what exactly is moment marketing? However, the concept of moment marketing is not new. Personality Rights.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

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. But though there was no official ‘Raw Foundation’ entity, HBI did indeed donate moneys to charities and conduct charitable events.”

False Advertising 57

False Advertising Advertising Advertising Law 57

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 62

Advertising Advertising Settlement Contracts 62

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. Priority will be given to those who can attend the entire event and a dinner the night of Friday, October 18.

False Advertising 73

False Advertising Trademark Advertising Advertising 73

JD Supra Law

APRIL 12, 2022

The biggest event of the year in college sports just concluded as national champions were crowned in men’s and women’s basketball, and hundreds of thousands of college athletes are entering the influencer marketplace for the first time. College athletes now find themselves attractive candidates in the fast growing influencer marketing arena.

Branding 98

Branding Brands Branding Advertising 98

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. Priority will be given to those who can attend the entire event and a dinner the night of Friday, October 18.

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

43(B)log

SEPTEMBER 30, 2021

In any event, even without the survey’s flaws, the survey does not shift the prevailing reasonable understanding of what reasonable consumers understand the word vanilla to mean or make plausible the allegation that reasonable consumers are misled by the term vanilla” (cleaned up). Such an inference is just too far a reach.”

False Advertising 57

False Advertising Advertising Advertising Marketing 57

Patently-O

JUNE 25, 2024

Hickma highlights some of the challenges that generics are facing when marketing drugs with these carved-out labels. The skinny label itself will not be enough to show inducement, but that evidence can be combined with other evidence (such as marketing) to prove liability. The Patents at Issue. The asserted patents, U.S. Patent Nos.

Marketing 89

Marketing Marketing Patent Branding 89

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers.

Advertising 107

Advertising Advertising Settlement Trademark 107

Olartemoure Blog

DECEMBER 5, 2023

For those commenting on the FTC’s proposal, scenarios in which junk fees tend to arise include the following: Hotel and Short-Term Lodging Fees Hotels, online travel agencies, and vacation rental providers frequently exclude fees, such as hotel resort fees and vacation rental cleaning fees, from their advertised nightly rates.

Advertising 105

Advertising Advertising Business Television 105

43(B)log

MAY 8, 2023

We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law. Priority will be given to those who can attend the entire event and a dinner the night of the event. Submissions must be of full drafts in Microsoft word format.

Trademark 70

Trademark False Advertising Advertising Advertising 70

43(B)log

MARCH 22, 2023

We invite submissions from academics working on any aspect of trademark, false advertising, marketing, right of publicity, or related areas of the law. Priority will be given to those who can attend the entire event and a dinner the night of the event. Submissions must be of full drafts in Microsoft word format.

Trademark 76

Trademark False Advertising Advertising Advertising 76

43(B)log

SEPTEMBER 21, 2021

References in Columbia’s marketing materials to “the on-campus experience” were often mere puffery “too vague to be enforced as a contract,” such as a statement in a University publication that “Columbia is an in-person kind of place.”

False Advertising 57

False Advertising Contracts Advertising Advertising 57

43(B)log

APRIL 17, 2023

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act. During times when Defendants “have failed to meet their commitments to Usana”—i.e.,

Advertising 52

Advertising Advertising Editing Litigation 52

TorrentFreak

MAY 26, 2022

For many image conscious consumer-orientated businesses, a key to commercial success lies in carefully calibrated branding and marketing. Thousands of pirate sites rely on advertising to generate revenue but entertainment companies are keen to highlight the downsides of dealing with them. GOAL… sponsored by 1XBET.

Advertising 128

Advertising Advertising Branding Brands 128

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. Trademark Infringement The advertiser compares two perfumes showing them side to side in the ad video and claims to create a version of the luxury perfume.

Trademark 111

Trademark Advertising Advertising Branding 111

Kluwer Copyright Blog

JANUARY 6, 2022

This blacklist may be used by the signatories of voluntary agreements promoted by ARCOM, which are supposed to contribute to remedying infringements of copyrighted material and sporting competitions and events. 3/ The Act also creates a new procedure to fight against the unlawful broadcasting of sporting events.

Copyright Infringement 101

Copyright Infringement Copyright Intellectual Property Intellectual Property Law 101

TorrentFreak

JANUARY 19, 2024

Among them were uhuseries.com, owlserieshd.com, and ahaseries.com, relatively popular streaming platforms targeting the Thai market. For someone with no technical skills, that’s a pretty clear invitation to leave everything well alone, including any attempt to apply any security fixes, in the unlikely event any are issued at all.

Advertising 90

Advertising Advertising Intellectual Property Editing 90

TorrentFreak

APRIL 11, 2024

TikTok Pirates For example, when a viral clip from a TV series is making the rounds on social media platforms, one could argue that this serves as free advertising. The researchers analyzed whether the mass takedown event impacted demand for subscription-only ‘VIP’ shows in any way.

Social Media 109

Social Media Copyright Infringement Television Journalism 109

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. This was a specific and measurable advertisement claim of product superiority based on product testing and not puffery. The slide clearly compared the parties’ platforms. This also took care of materiality.

False Advertising 57

False Advertising Ownership Advertising Advertising 57

The IPKat

APRIL 8, 2022

What they have in common is the direct undertaking of those acts, that is – in the words of the CJEU – a comportement actif , which consists of affixing the sign, advertising under it, etc.

Law 138

Law Advertising Advertising Marketing 138

TorrentFreak

NOVEMBER 15, 2023

Whether events unfolding in South Korea will dampen local demand remains to be seen, but the narrative playing out on national news could hardly be worse for pirate sites. Online gambling within South Korea is outlawed, and government control in the rest of the market effectively amounts to a lucrative monopoly.

Advertising 104

Advertising Advertising Reporting Government 104

LexBlog IP

MARCH 13, 2023

During this webinar, they will share their insights about the new Guidance, highlight areas of particular importance for anyone involved in marketing or analyzing health claims, and explain how this new document differs from the agency’s two-decade-old Dietary Supplement Guidance. The program is approved for 1.0 hour of CLE credit.

Advertising 40

Advertising Advertising Marketing Marketing 40

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. A key focus for CERTAL is the fight against IPTV piracy, audiovisual content in general, and live sporting events, so tackling illicit providers will be a key aim of the coalition.

Government 131

Government Marketing Marketing Advertising 131

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

LexBlog IP

JANUARY 18, 2024

2022-1194, 2022-1208, and 2022-1246 (December 7, 2023) , the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents. Lupin Ltd., Patent Nos.

Advertising 52

Advertising Advertising Marketing Marketing 52

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. Schwartz alleges he was never paid for his services despite numerous messages and meetings.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

43(B)log

OCTOBER 1, 2021

Whole Foods Market Service, Inc., Whole Foods began purchasing small quantities of basil from them and selling the product in Whole Foods Market stores in the San Diego area in 2007. It was more plausible that Whole Foods was promoting a specific event—the loan. Archi’s Acres, Inc. 2021 WL 424286, No. 19-CV-2478 JLS (MSB) (S.D.

False Advertising 67

False Advertising Advertising Advertising Marketing 67

TorrentFreak

FEBRUARY 1, 2024

In a matter of weeks, the controversial Jake Paul vs. Ben Askren PPV boxing event will turn three years old and still be remembered for all that went wrong. In summary, H3 says that when it showed the fight along with biting commentary on YouTube, that was fair use, even though the video shown was sourced from a pirated copy of the PPV event.

Copyright Infringement 74

Copyright Infringement Advertising Advertising Copyright 74

TorrentFreak

AUGUST 16, 2021

Through various links and advertisements, people are lured into signing up for a website that offers ‘free’ movies, sports events, or books. Unsurprisingly, the selection doesn’t include the latest blockbusters that were advertised but relatively unknown licensed films instead. Expensive Fake Sites.

Advertising 143

Advertising Advertising Branding Brands 143

IP Tech Blog

OCTOBER 20, 2021

As discussed in a previous blog post, the UK’s Advertising Standards Authority (ASA) has emphasised that prize draws must comply with provisions of its CAP Code. Failing which one risks being in breach of the rules, which can ultimately lead to criminal prosecution for failure to comply with consumer protection, gambling and advertising laws.

Advertising 57

Advertising Advertising Social Media Branding 57

LexBlog IP

MARCH 18, 2022

The Federal Trade Commission (FTC) has a long history of addressing issues involving cigarettes and tobacco, often in the advertising context. For the public participation part of the event, we heard from only one member of the public, raising concerns about youth vaping and flavored products, and that was it.

Reporting 52

Reporting Advertising Advertising Settlement 52