Olartemoure Blog

SEPTEMBER 1, 2023

On August 21, 2023, the Advertising Guide for Influencers of the Federal Consumer Protection Agency (PROFECO) was published in the Official Journal of the Federation (DOF). This guide provides guidelines for influencers and content creators in Mexico to follow the advertising regulations established by the Federal Consumer Protection Law.

Advertising 52

Advertising Advertising Journalism Intellectual Property 52

Olartemoure Blog

JULY 21, 2023

The Colombian authority in charge of protecting consumers has begun investigating companies associated with four well-known influencers due to alleged practices of disseminating incomplete information and misleading advertising. Both the influencer and the advertiser should refrain from concealing the advertising nature of the message.

Advertising 52

Advertising Advertising Intellectual Property Publishing 52

TorrentFreak

DECEMBER 7, 2022

As it turns out, scammers have started to abuse the European Commission’s official website to advertise dubious ‘pirate’ sites. These advertisements come in the form of PDFs which are uploaded through public EU portals. How many people fall for these dubious advertisements is unknown.

Advertising 137

Advertising Advertising Government Copying 137

LexBlog IP

FEBRUARY 2, 2023

According to the press release, the FTC alleged that GoodRx failed “to notify consumers and others of its unauthorized disclosures of consumers’ personal health information to Facebook, Google, and other companies.” GoodRx then used that information to target these users with health-related advertisements.”

Advertising 40

Advertising Advertising Privacy Intellectual Property 40

The IPKat

APRIL 18, 2023

Google offers an advertising service called Dynamic Search Ads. However, instead of using a text from the advertiser, Google’s proprietary algorithm automatically generates the text, including the headline and landing page, from the advertiser’s website content. The Court applied by analogy the case law on keyword advertising.

Advertising 86

Advertising Advertising Contracts Registration 86

Velocity of Content

DECEMBER 12, 2022

Too much information. If that’s driving you insane, then you should know there are ways to focus and filter for information success. Dr. Tracy Brower , a sociologist and author of two books exploring happiness, fulfillment, and work life, say we can all be more selective about the choices we make over how we consume information.

Social Media 98

Social Media Journalism Reporting Advertising 98

43(B)log

DECEMBER 15, 2023

8, 2023) When does TM logic creep into false advertising cases? Faire sued, challenging Tundra’s unauthorized use of Faire’s users’ login credentials to gain access to Faire’s non-public information. Tundra allegedly uses the information it scrapes from Faire’s platform, including contact information, to market its product.

False Advertising 59

False Advertising Advertising Advertising Branding 59

43(B)log

NOVEMBER 23, 2022

Lynd advertised the Product as effective against the coronavirus. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums. the Lanham Act false advertising claim survived. And proximate cause?

False Advertising 99

False Advertising Advertising Advertising Business 99

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Ariix, LLC v. NutriSearch Corp.,

Advertising 119

Advertising Advertising Contracts Social Media 119

TorrentFreak

NOVEMBER 11, 2021

This is why the advertising industry is seen as an ally in the fight against piracy. In the UK , hundreds of advertising agencies began banning pirate sites, and the European Union chimed in as well. What’s concerning, however, is that there’s little information available on what sites are included.

Advertising 129

Advertising Advertising Intellectual Property Reporting 129

IP Tech Blog

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 57

Advertising Advertising Blogging Branding 57

IPilogue

JUNE 27, 2022

Through Sponsored Stories, advertisers pay Facebook to associate their mark on Facebook’s social media website with users that performed certain social actions in connection with the advertiser (e.g. users who click the “like” button on the advertiser’s Facebook Page).

Privacy 59

Privacy Social Media Advertising Advertising 59

43(B)log

JANUARY 11, 2023

9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean.

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

DECEMBER 12, 2022

6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. The back of the advertisement said, among other things, “Windstream’s future is unknown, but Spectrum is here to stay.”

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

AUGUST 27, 2024

PNC interface, L; Plaid connection interface with PNC logo, R sample Plaid bank selection workflow PNC alleged that Plaid infringed its trademarks by replicating the authentic PNC log-on screen to get them to provide private financial information, allowing Plaid to collect their data. Counterfeiting is probably the most eye-opening charge.

Advertising 52

Advertising Advertising False Advertising Design 52

LexBlog IP

JUNE 6, 2023

Eastern , Seyfarth attorneys Kristine Argentine , John Tomaszewski , and Paul Yovanic will present at the Association of National Advertisers webinar, “Emerging Issues Surrounding Privacy Class Actions and Compliance in 2023.” For more information and to register, click here. On Tuesday, June 13 at 1:00 p.m.

Advertising 52

Advertising Advertising Marketing Marketing 52

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.

Advertising 59

Advertising Advertising False Advertising Marketing 59

JD Supra Law

JULY 17, 2024

The Court affirmed the district court’s grant of a preliminary injunction barring Appellant from making, using, selling, advertising, or distributing Appellant’s product. [OPINION] (2024-1324, 2024-1409, 7/12/2024) - Moore, Taranto, and Chen Moore, C.J. By: WilmerHale

Advertising 62

Advertising Advertising Patent 62

SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it. Legal Position on Comparative Advertisement.

Fair Use 97

Fair Use Advertising Advertising Branding 97

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J.

Advertising 59

Advertising Advertising Marketing Marketing 59

LexBlog IP

MARCH 21, 2023

On 9 March 2023, the Advertising Standards Authority (ASA) took the rare step of issuing an Enforcement Notice against any advertiser distributing ads for electric plug-in mini-heaters that claim – directly or indirectly – that such products are a viable alternative to central heating.

Advertising 52

Advertising Advertising Blogging Branding 52

43(B)log

MARCH 20, 2023

15, 2023) When is informational material related to a for-profit company’s business commercial speech? Some versions of this look for advertising format in part 1.] It communicates information, expresses opinion, recites the grievances of others, and encourages dialogue on matters of public concern.” 5:22-cv-649-LCB (N.D.

False Advertising 60

False Advertising Advertising Advertising Marketing 60

Above the Fold

APRIL 30, 2021

Every day we are inundated with countless advertisements. But have you stopped to think, what exactly qualifies as an advertisement? Luckily for us, the National Advertising Division (“NAD”) recently issued a decision that sheds some light on exactly how broad agencies monitoring the advertising industry view “advertising.”.

Advertising 40

Advertising Advertising Publishing 40

TorrentFreak

JULY 6, 2023

A letter sent by the powerful industry group Media Communications Union, which represents the rights of companies including Gazprom Media, Channel One, and Rostelecom, informed the head of the State Duma Committee on Economic Policy of their concerns. There is a single economic goal here – to make money from advertising on the site.”

Intellectual Property 124

Intellectual Property Cinema Reporting Licensing 124

IP Tech Blog

DECEMBER 3, 2021

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Instead, it provides a useful framework to enhance businesses’ understanding of their obligations when conducting in-game advertising. Several platforms urgently need to change their game mechanics to comply with new rules.

Advertising 67

Advertising Advertising Publishing Reporting 67

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

43(B)log

APRIL 18, 2023

ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, false advertising under the Lanham Act and California law, and tortious interference. ZimVie responded that the commercial speech exception applied.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

APRIL 26, 2023

Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). IDT removed its “Made in USA” advertising in the first 8 months of 2022, and its on-line sales increased during that time period. There’s more, including public disputes on Craigslist.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

43(B)log

OCTOBER 1, 2021

Elias allegedly uses an online client portal that allows customers to place and track orders and provides further information on product pricing, availability, and the customer’s order history. Elias sued for violations of the CFAA, tortious interference, and “procurement of information by improper means.”

Advertising 59

Advertising Advertising False Advertising Litigation 59

43(B)log

JUNE 9, 2021

Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising , 106 Iowa L. 1841 (2021) From the introduction: Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even helpful to competition. This contradiction, though, is acute.

False Advertising 52

False Advertising Advertising Advertising Marketing 52

43(B)log

FEBRUARY 16, 2023

8, 2023) Chen alleged that Sur La Table violated the Washington Commercial Electronic Mail Act (CEMA) and the Washington Consumer Protection Act (CPA) by transmitting at least 22 commercial emails with purportedly false or misleading information in their subject lines.

False Advertising 45

False Advertising Advertising Advertising Law 45

LexBlog IP

APRIL 19, 2023

Advertisers delight in activating values and hidden desires of consumers using the language of the advertising claim. The “claim” is the part of an ad that makes some claim of superiority for the product being advertised. Read the key take away from the Notice HERE.

Advertising 40

Advertising Advertising Television Law 40

43(B)log

AUGUST 22, 2022

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” The First Amendment has long coexisted with no-fault false advertising laws. The California Supreme Court reversed.

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

OCTOBER 10, 2023

Cornelia sued for (1) unfair competition and false advertising under the Lanham Act, (2) defamation, (3) intentional infliction of emotional distress, and (4) business disparagement. Cornelia never had any information contradicting negative claims about plaintiffs when the videos were published.

Advertising 64

Advertising Advertising False Advertising Social Media 64

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

43(B)log

OCTOBER 29, 2021

Here, the court granted leave to amend to add a false advertising claim. They allegedly advertise their products using the term “copper” in close proximity to the term “fit” “and have deliberately caused searches for Copper Fit products to yield results for Defendants’ products” [the horror!].

False Advertising 59

False Advertising Advertising Advertising Design 59