IP and Legal Filings

MAY 17, 2023

Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between this and comparative advertising. To prevent legal disputes, caution must be exercised to differentiate between the two.

Advertising 101

Advertising Advertising Marketing Marketing 101

TorrentFreak

MARCH 4, 2025

In January, the UK’s digital markets competition regime went into effect. This procedure allows the Government’s Competition and Markets Authority (CMA) to regulate dominant tech firms, ensuring fair competition and consumer protection. Instead, the rightsholders focus on Google search advertisements.

Advertising 77

Advertising Advertising Marketing Marketing 77

TorrentFreak

OCTOBER 19, 2022

Earlier this month, several prominent copyright holder groups sent their annual “notorious markets” recommendations to the U.S. Government uses these documents as input for its yearly review of notorious piracy markets, which aims to provide an overview of threats to various copyright industries. Trade Representative (USTR).

Marketing 142

Marketing Marketing Copyright Technology 142

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 17, 2025

Skillz sued its competitor Papaya, alleging false advertising under federal and state law. Skillz allegedly markets its games as being uniquely fair and trustworthy with a badge indicating it is Committed to Fair Play and a claim that it will [m]atch [users] with real players of equal skill in its games. Skillz Platform Inc.

False Advertising 52

False Advertising Advertising Advertising Trademark 52

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

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). A reasonable advertiser would also know that it was being charged a much higher rate for clicks than impressions. targeted social media advertising.

Privacy 116

Privacy Marketing Marketing Social Media 116

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

SpicyIP

FEBRUARY 4, 2025

Mahindra, Tanishka Goswami analyzes the Court’s findings on the importance of house marks in infringement assessment, and the nature of the relevant market. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Tanishka is an advocate at the High Court of MP.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

JD Supra Law

APRIL 2, 2025

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

Patent Infringement 62

Patent Infringement Advertising Advertising Intellectual Property 62

43(B)log

SEPTEMBER 6, 2023

The Ninth Circuit has held: “[i]n some cases, the threat of future harm may be the consumer’s plausible allegations that she will be unable to rely on the product’s advertising or labeling in the future, and so will not purchase the product although she would like to.”

False Advertising 110

False Advertising Advertising Advertising Marketing 110

The IPKat

APRIL 8, 2022

The broader relevance of the referrals The importance of these referrals to trade mark law and, more generally, IP cannot be overstated. The trade mark framework Insofar as trade mark law is concerned, Article 9(3) EUTMR refers to a non-exhaustive list of situations which are to be regarded as trade mark use.

Law 138

Law Advertising Advertising Marketing 138

SpicyIP

SEPTEMBER 28, 2023

Nivrati is an IP lawyer based in Delhi and is a graduate of Institute of Law, Nirma University Ahmedabad. The post discusses the evolving legal dynamics of trademark use and infringement in internet advertising, particularly in the Indian context, and to raise questions about its impact on trademark holders and businesses.

Advertising 110

Advertising Advertising Trademark Marketing 110

TorrentFreak

JANUARY 8, 2025

The United States Trade Representative ( USTR ) published its annual Out-of-Cycle Review of Notorious Markets a few hours ago. Perhaps it will result in another ‘positive development’, which the USTR can highlight in next year’s version of the notorious markets report. The full overview also includes offline markets.

Reporting 109

Reporting Marketing Marketing Social Media 109

The IP Law Blog

JANUARY 19, 2024

The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing.

Advertising 104

Advertising Advertising Marketing Marketing 104

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. Musk has bridged that gap.

Law 111

Law Social Media Advertising Advertising 111

SpicyIP

JUNE 26, 2022

Eashan writes about Indian intellectual property law on his Medium page. The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173).

Designs 133

Designs Design Law Intellectual Property 133

TorrentFreak

MARCH 27, 2025

Sabotage of legitimate equipment and threats against engineers sent to repair it, allows illegal equipment operated by notorious criminal groups to take over local markets. Expansion beyond pirate TV into other commodity markets is common too.

Intellectual Property 74

Intellectual Property Confidentiality Advertising Advertising 74

Intepat

FEBRUARY 3, 2025

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademark law. Banff, Ltd.

Branding 59

Branding Brands Branding Trademark 59

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

The IPKat

MARCH 24, 2025

Nevertheless, the Board highlighted that some of these materials could only serve as secondary evidence that can support the primary evidence, namely surveys, market studies, and statements from professional bodies or specialised public. This was mainly due to the very narrow scope of the primary evidence.

Marketing 78

Marketing Marketing Registration Brands 78

Technology & Marketing Law Blog

OCTOBER 9, 2023

This opinion indicates that Facebook–and by implication, every other ad network–could violate California’s Unruh Act (an anti-discrimination law) by targeting third-party ads based on age, gender, or other protected criteria. This tool relies on age and gender to target ads.

Law 98

Law Advertising Advertising Marketing 98

Technology & Marketing Law Blog

DECEMBER 10, 2023

Amazon is an ICS provider: Plaintiff alleges that Defendants “market” and “sell” products to retail consumers “through internet websites.” The plaintiff claimed that Amazon bears the responsibility to verify advertiser claims and product authenticity. This argument has failed so many times.

False Advertising 95

False Advertising Advertising Advertising Marketing 95

Technology & Marketing Law Blog

AUGUST 24, 2021

This lawsuit alleges that Facebook is liable for Fair Housing Act discrimination purportedly enabled by its self-service advertising tools. The plaintiffs allege Facebook had a role in “creating, promoting use of, and profiting from paid advertisers’ use of the Targeting Ad tools.”

Advertising 137

Advertising Advertising Marketing Marketing 137

IP and Legal Filings

DECEMBER 16, 2024

It reviews the growing importance of the protection of non-traditional trademarks within the fashion world in assessing how firms use trade dress to create and maintain an identity that may thrive within market competition. Recent court decisions such as Christian Louboutin v. Yves Saint Laurent [1] and Herms v. Christian Louboutin v.

Branding 98

Branding Brands Branding Design 98

TorrentFreak

OCTOBER 27, 2024

“Operation 404 is a model for effective and efficient criminal enforcement measures against piracy sites and services and should be replicated by other markets within the Western Hemisphere,” MPA writes. 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

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. link] [2] Mishra, N.

Trademark Law 52

Trademark Law Trademark Law Branding 52

JD Supra Law

OCTOBER 14, 2024

But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create the risk of a false advertising claim. Patented technologies or features can be valuable selling points, setting your products apart from the competition. By: Fenwick & West LLP

False Advertising 69

False Advertising Advertising Advertising Patent 69

Technology & Marketing Law Blog

DECEMBER 10, 2022

It had favorable organic indexing that made it some money, and it bought Adwords advertising that made it more money. But over time, its organic indexing declined and so did its conversion rate on advertising. 2 claim, alleging that Google willfully monopolized a market. But which market? Case dismissed.

Advertising 111

Advertising Advertising Marketing Marketing 111

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

Technology & Marketing Law Blog

APRIL 29, 2022

The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) violations of California’s Unfair Competition Law, Cal. At most, Plaintiffs’ allegations establish that Meta encouraged and solicited third parties to advertise on its platform. & Prof.

Contracts 128

Contracts Advertising Advertising Publishing 128

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

TorrentFreak

DECEMBER 4, 2021

With a reach of a billion users and 10,000 new advertising campaigns per week, PropellerAds is a major player in the online advertising industry. The Cyprus-based company works with advertisers and publishers from all over the world. MPA’s List of Notorious Markets.

Advertising 131

Advertising Advertising Copyright Infringement Publishing 131

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

Section 230(e)(2) says “Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property,” so IP lawsuits over third-party content are not preempted by Section 230. Legal Background. Section 230(c)(1) says websites aren’t liable for third-party content. See, e.g., Ripple v.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

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.

Branding 105

Branding Brands Branding Personality Rights 105

JD Supra Law

AUGUST 16, 2024

Department of Justice's (DOJ) case challenging Google's alleged dominance in online search markets. Mehta of the United States District Court for the District of Columbia issued his much anticipated and long-awaited opinion in the U.S. By: White & Case LLP

Marketing 79

Marketing Marketing Advertising Advertising 79

Technology & Marketing Law Blog

APRIL 26, 2022

I’m continuing coverage of the legal challenge to Texas’ social media censorship law, now on appeal to the Fifth Circuit. The First Amendment law professors did not file.]. [In I recently rounded up the Texas opening brief and its supporting amici briefs. As usual, I’ve included a case library at the end of this post.

Social Media 126

Social Media Law Blogging Government 126