Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions. ” Dawgs brief.

False Advertising 115

False Advertising Advertising Advertising Patent 115

43(B)log

FEBRUARY 4, 2025

Brough Brothers alleged that Fresh Bourbon falsely advertised that Fresh Bourbon is the first black-owned bourbon distillery in Kentucky, and made other related claims. State law claims also failed. By December of that year, it had distilled bourbon and filled its first bourbon barrel in a leased Kentucky facility.

False Advertising 52

False Advertising Advertising Advertising Licensing 52

43(B)log

FEBRUARY 17, 2025

Skillz sued its competitor Papaya, alleging false advertising under federal and state law. It had a homepage banner showing a counter that purported to display an increasing number of complaints filed with state law enforcement about Papaya and two other companies. Skillz Platform Inc. Papaya Gaming, Ltd.,

False Advertising 52

False Advertising Advertising Advertising Trademark 52

SpicyIP

SEPTEMBER 3, 2024

Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India. With this Louis Vuitton seems to have struck a jackpot as it managed to restrain Haute24 from selling its products in a copyright dispute over its advertisement material. www.haute24.com

Advertising 103

Advertising Advertising Copyright Branding 103

Technology & Marketing Law Blog

FEBRUARY 17, 2025

I’m blogging it now as part of my ongoing efforts to highlight the censorial effects of mandatory editorial transparency laws.] ” In 2018, the state claimed Facebook violated the law, and Facebook stipulated to a $200k judgment. The state can extract this information from political advertisers.

Law 52

Law Advertising Advertising Publishing 52

TorrentFreak

NOVEMBER 27, 2024

Law enforcement operations targeting pirate sites and services are often enthusiastically described as ‘large-scale’ or ‘major’ If reports emerging from authorities in Italy hold true, describing the international operation that culminated early this morning as massive, wouldn’t be an exaggeration.

Social Media 125

Social Media Reporting Advertising Advertising 125

Technology & Marketing Law Blog

OCTOBER 9, 2024

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. The message from the Second Circuit is plain: stop bringing competitive keyword advertising cases. This ruling doesn’t address the scenario where the advertiser’s ad copy references the trademark.

Advertising 98

Advertising Advertising Trademark False Advertising 98

The IPKat

JANUARY 5, 2023

legal battle over the character of Zorro, the Supreme Court has provided important guidance on the requirements and limits of parody under both copyright [see also here for a recent French case] and trade mark law. over a TV and radio advertisement which the latter had commissioned on behalf of bottled water brand Brio Blu.

Law 138

Law Copyright Advertising Advertising 138

JD Supra Law

APRIL 2, 2025

Ortovox Sportartikel GmbH v. Mammut Sports Group AG/GmbH (UPC_CFI_16/2024), Dsseldorf Local Division (January 14, 2025) ORD_63219/2024. Anyone developing or marketing an innovative product will want to ensure that they do not infringe existing intellectual property rights.

Patent Infringement 66

Patent Infringement Advertising Advertising Intellectual Property 66

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. Then, in Liapes v. seriously, are you still posting THERE???)

Law 111

Law Social Media Advertising Advertising 111

TorrentFreak

OCTOBER 31, 2024

On October 29, officers from Miyagi Prefectural Police Headquarters and Tome Police Station arrested three men on suspicion of violating copyright law. First Case of its Type in Japan This week local anti-piracy group CODA revealed details of a copyright prosecution that’s so unusual, it’s probably never happened before.

Fair Use 133

Fair Use Social Media Copyright Copyright Infringement 133

TorrentFreak

MARCH 4, 2025

The goal of the investigation is to establish whether Google has strategic market status in the search and search advertising markets that potentially harms consumers and competition. Pirates can still use search and Google advertisements to drive traffic and, without additional regulation, this is unlikely to change, they say.

Advertising 77

Advertising Advertising Marketing Marketing 77

TorrentFreak

OCTOBER 22, 2024

NFL vs. Pirates Ideally, online services should be required by law to remove infringing content “instantaneously or near-instantaneously”, the sports companies argued. This includes social media platforms, where pirate streams are often openly advertised.

Social Media 109

Social Media Advertising Advertising Government 109

Erik K Pelton

JANUARY 7, 2025

Class 3: cosmetics and cleaning preparations Class 5: pharmaceutical products Class 9: electrical and scientific apparatus (includes both software (downloadable or physical software on a disc or drive) and hardware) Class 12: vehicles Class 14: jewelry Class 15: musical instruments Class 16: paper goods and printed matter (includes anything that’s (..)

Social Media 130

Social Media Editing Music Advertising 130

JD Supra Law

NOVEMBER 20, 2024

In the last couple of years, generative artificial intelligence (AI) has emerged as a transformative tool for the advertising industry, promising unprecedented efficiency and cost savings and innovative ways of creating content. However, alongside its potential benefits, businesses are confronted with a host of new legal challenges.

Advertising 76

Advertising Advertising Intellectual Property Business 76

IP and Legal Filings

FEBRUARY 24, 2025

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. Therefore, most tangible marks depend upon secondary meaning and, thus, there is a huge requirement for significant evidence, for example, consumer surveys, advertisements, and other market data. NON-TRADITIONAL TRADEMARKS: A CRITIQUE.

Trademark Law 52

Trademark Law Trademark Law Branding 52

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. ” More Posts About Keyword Advertising * Internal Search Results Aren’t Trademark Infringing–PEM v. ” That prompted this litigation. ” UGH.

Trademark 129

Trademark Advertising Advertising False Advertising 129

TorrentFreak

DECEMBER 4, 2024

to Fights Back The removal, which also affected the associated AdSense advertising account, came as a surprise to MP3.to to’s law firm Boston Law Group sent a cease and desist letter to Promusicae, describing the takedown notice as defamatory and false. to and directly harmed its business. To remedy the situation, MP3.to’s

Music 104

Music Cease and Desist Copyright Technology 104

TorrentFreak

DECEMBER 20, 2023

New law passed during the summer, which increased penalties for piracy while supporting a new automated blocking system , sent the clearest possible message. “Countering this criminal phenomenon is a commitment that involves us all and now, thanks to the new anti-piracy law, we can do it even more effectively.”

Law 117

Law Reporting Television Advertising 117

TorrentFreak

MARCH 24, 2025

Draft Law Aims to Tackle Sport’s ‘Structural’ Problems Senators Michel Savin and Laurent Lafon presented a bill last week aimed at reforming professional football through recommendations spanning how the sport is organized, managed and financed. Any irregularities (i.e

Advertising 62

Advertising Advertising Marketing Marketing 62

JD Supra Law

AUGUST 12, 2024

Whether for social media advertisements, customer surveys, or email campaigns, a data licensing agreement is often at the center of arrangements concerning the use and transfer of consumer data. Join us for our September Advertising Law webinar program, which will examine the role of data licensing within the advertising industry.

Licensing 113

Licensing Social Media Intellectual Property Advertising 113

JD Supra Law

NOVEMBER 1, 2024

In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches.

Trademark 69

Trademark Advertising Advertising Branding 69

TorrentFreak

MARCH 27, 2025

. “After exchanging intelligence information, it was possible to verify that the criminals were monopolizing the sales of gas and water cylinders in communities that are influenced by the criminal organization, law enforcement officers reported last week.

Intellectual Property 74

Intellectual Property Confidentiality Advertising Advertising 74

Plagiarism Today

OCTOBER 20, 2021

1: Pizza Companies Sued for Copyright Infringement of Advertising Photo. First off today, Kendall Heebink at Law Street reports that a pair of pizza companies have been sued by Prepared Food Photos, Inc. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Copyright Infringement 246

Copyright Infringement Licensing Plagiarism Editing 246

Plagiarism Today

NOVEMBER 7, 2022

According to the labels, Grande Communications did not do enough to curb piracy on its service, including ignoring repeat infringers as per a requirement of the law. In addition to WWDC footage, the channel had archived advertisements, internal training videos and more. On Thursday, a jury awarded the labels a total of $46.7

Music 246

Music Copyright Notice Reporting Plagiarism 246

Likelihood of Confusion

DECEMBER 28, 2024

Their proud slogan: “Online trademark infringement is the act of using […] The post And Let Google the Dogs of Law appeared first on LIKELIHOOD OF CONFUSION.

Law 52

Law Blogging Trademark Advertising 52

TorrentFreak

OCTOBER 27, 2024

“Brazil’s legitimate online audiovisual services continue to suffer from the pervasive availability of illicit, advertising-supported services, despite the increasing availability of legitimate options,” MPA notes. MPA says that the online piracy rate and the use of illegal streaming devices continues to rise in Brazil.

Contracts 117

Contracts Government Copying Reporting 117

TorrentFreak

JUNE 10, 2024

Pirate Site Promoter, Piracy Profiteer The opening salvo in the publishers’ lawsuit, which majors on violations of the Copyright Act, the Lanham Act, and New York’s General Business Law, details Google’s ‘systemic and pervasive advertising’ of infringing copies of their textbooks and other educational works.

Publishing 120

Publishing Advertising Advertising Reporting 120

TorrentFreak

NOVEMBER 5, 2023

With more than a billion impressions per month and over 30,000 active advertisers, PropellerAds is a serious player in the online advertising industry. The Cyprus-based company works with advertisers and publishers from all over the world and while many are legitimate companies, Hollywood believes there are some bad apples too.

Advertising 123

Advertising Advertising Reporting Marketing 123

Intepat

NOVEMBER 4, 2024

Data Privacy The recent uproar for some stringent data privacy laws stems from the frequent leaks and breaches of individuals’ personal data and the risk of its misuse. Although “data” is broadly defined, the law primarily focuses on “personal data,” meaning any information that can identify a natural person.

Intellectual Property 52

Intellectual Property Privacy Intellectual Property Law Personality Rights 52

Intepat

FEBRUARY 3, 2025

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” Because the big company has more resources for marketing and advertising, it overwhelms the smaller business’s brand identity. Key Case Laws on Reverse Confusion United States Big O Tire Dealers, Inc.

Branding 59

Branding Branding Brands Trademark 59

SpicyIP

AUGUST 2, 2024

Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India. Moreover, these advertisements may also lead many viewers to misconstrue the message as an endorsement of the brand by the athlete themselves. This position changed famously in the R.

Branding 105

Branding Branding Brands Personality Rights 105

The IPKat

SEPTEMBER 23, 2023

In a recent judgment , the District Court of the Hague (the Court) found that Fruugo, an online marketplace, was not directly liable under trade mark law for the advertisement and sale, on its platform, of products which infringed the trade marks of Audi and Volswagen.

Advertising 134

Advertising Advertising IP Law 134

Olartemoure Blog

AUGUST 26, 2024

This occurs when companies use terms like “100% sustainable,” “green,” “eco-friendly,” or “100% renewable” on their trademarks, branding, packaging, containers, or advertisements without having concrete environmental actions to substantiate those claims. Currently, this Decree is being considered for elevation to law through Bill No.

Advertising 105

Advertising Advertising Intellectual Property Trademark 105

Technology & Marketing Law Blog

OCTOBER 6, 2024

The court says “Because Walmart does not pay search engines to return organic search results or index webpages, it does not “use” the marks in connection with the sale or advertisement of goods.” “Walmart contends that the purchase of these Google advertisements does not constitute a “use” of Plaintiff’s Marks. .”

Advertising 98

Advertising Advertising False Advertising Trademark 98

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. Copyright and Halloween Costumes. Trademark and Halloween Costumes.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

TorrentFreak

NOVEMBER 24, 2024

But as law enforcement and entertainment industry action shut down pirate sites servicing customers who preferred not to pay , fake ‘legal’ download sites continued to defraud people who actually wanted to pay , year after year. By 2021, the business model had evolved.

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Reporting Business Music Advertising 113