IP and Legal Filings

FEBRUARY 15, 2022

The cause of action in the original suit was the alleged breach of a settlement with the plaintiff, caused by the defendant’s continued use of the plaintiff’s trademark in advertisements on the big search engine. The defendant in their motion of attorney’s fees argued that the plaintiff unreasonably litigated the case.

Litigation 89

Litigation Advertising Advertising Settlement 89

SpicyIP

JULY 1, 2024

In light of the recent settlement between Youtuber Dhruv Rathee and Dabur in a trademark and copyright infringement dispute, SpicyIP intern Aarav Gupta writes on how use of a mark in commentaries and critiques should not amount to infringement and highlights the larger public interest in such commentaries/ critiques. Anchor ( para 64 )).

Advertising 104

Advertising Advertising Copyright Infringement Trademark 104

Technology & Marketing Law Blog

MARCH 3, 2022

The court also upholds the attorneys’ fee award with more critical remarks about Bell’s litigation: He has a long history of suing public institutions and nonprofit organizations over de minimis uses of his work. This is yet another case where a serial litigant loses a fair use ruling on a motion to dismiss. Implications.

Fair Use 116

Fair Use Marketing Marketing Litigation 116

TorrentFreak

DECEMBER 26, 2022

In addition, advertising companies and payment processors help to cut off revenue to pirate sites and services, when appropriate. “We will also pursue litigation, where it is known to be effective in reducing piracy and increasing legitimate consumption of content,” Van Voorn concludes. all over the globe. .

Cease and Desist 144

Cease and Desist Government Confidentiality Settlement 144

Technology & Marketing Law Blog

MARCH 8, 2024

As a super-notice, it can produce cash payouts from settlements or default judgments (which are enforced against the cash held at the online marketplace, so they have actual value). As another example of the significance of non-appellate law, Google’s trademark policy is the de facto trademark law of online keyword advertising.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law.

Blogging 98

Blogging Copyright Settlement Ownership 98

BYU Copyright Blog

SEPTEMBER 6, 2021

To support both of these claims, Lehren purports that, “after a reasonable opportunity for further investigation or discovery there is likely to be further evidence that Plaintiff’s has purchased on-line advertising specifically aimed at competitors with the intention of getting competitors to copy the Plaintiff’s material.”

Copying 52

Copying Fair Use Advertising Advertising 52

43(B)log

MARCH 1, 2022

The tweets don’t reproduce enough of the work to substitute for it, and, “[i]f anything, the properly attributed quotation of a short passage from Winning Isn’t Normal might bolster interest in the book; it is free advertising.” The fact that he extracted settlements from alleged infringers does not a real market make.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

TorrentFreak

APRIL 6, 2023

Until now, Plaintiffs’ modus operandi has been to file John Doe lawsuits in the hope of securing quick settlements and to dismiss them at the slightest resistance,” they wrote. The court doesn’t rule on the merits yet but notes that the filmmakers’ arguments are good enough to move the case forward.

Copyright Infringement 138

Copyright Infringement IP Copyright Reporting 138

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. Indeed, one of us bloggers started at the FTC in 1998, and the first case he worked on was the agency’s litigation against R.J. More information and the report are available here.

Reporting 52

Reporting Advertising Advertising Settlement 52

Trading Secrets

FEBRUARY 5, 2024

Litigation continued for years, with Aegis raising unsuccessful counterclaims. On December 20, 2023, the parties filed a stipulated settlement agreement by which judgment would be entered in Life Spine’s favor, and Aegis would pay $8,000,000 to Life Spine by June 1, 2026.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. This is a preview of the future of CCB litigation…CAN’T WAIT! CDK Global LLC v.

Copyright 124

Copyright Copying Copyright Infringement Copyright Law 124

43(B)log

APRIL 17, 2023

Only one found defendants through the website on which they hosted the allegedly false and misleading advertisements. Moreover, the Court’s finding as to the first two elements had little to do with the strength of Plaintiffs’ litigation position.” Here, those factors weighed in favor of such recovery.

False Advertising 59

False Advertising Litigation Advertising Advertising 59

TorrentFreak

APRIL 29, 2022

LaBossiere comes out swinging, reminding the court that after eight years of Department of Justice litigation, a massive judgment against DISH put the company into financial turmoil. billion dollar company will stop at nothing to bully people into settlements to help its bottom line.”

Television 96

Television Licensing Branding Brands 96

The IPKat

FEBRUARY 21, 2024

The book examines how the advertising, merchandising, film and television, and sports video-games industries use persona as a key component of their products. In the UK…they often go beyond what is legally required in terms of seeking permission to use persona, or pay little head to the Advertising Codes. The code can be found below.

Television 69

Television Advertising Advertising Social Media 69

LexBlog IP

FEBRUARY 5, 2024

Litigation continued for years, with Aegis raising unsuccessful counterclaims. On December 20, 2023, the parties filed a stipulated settlement agreement by which judgment would be entered in Life Spine’s favor, and Aegis would pay $8,000,000 to Life Spine by June 1, 2026.

Confidentiality 52

Confidentiality Settlement Advertising Advertising 52

IP and Legal Filings

OCTOBER 26, 2023

Post serving such notice the small entity is forced for settlement because getting into a legal battle would be a disadvantageous step financially. Off late these instances of trademark bullying has been a concern and persistent problem in many countries with large entities targeting the small enterprises just for the sake of business gains.

Cease and Desist 105

Cease and Desist Trademark Registering Trademarks Business 105

LexBlog IP

SEPTEMBER 21, 2022

A few weeks ago, we wrote about an interesting development in what had been a fairly standard Federal Trade Commission (FTC) Made in the USA (MUSA) settlement. The company and its owner filed a motion to get out of its settlement and to make the FTC change its press release, which, among other things, accused the company of “ lying.”.

Settlement 52

Settlement Government Marketing Marketing 52

LexBlog IP

MAY 24, 2023

Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. million to “record and broadcast advertisements by their Radio Personalities endorsing the Pixel 4.”

Advertising 52

Advertising Advertising Settlement Copying 52

LexBlog IP

AUGUST 30, 2022

” Well, some folks most definitely disagree when a whole settlement potentially is tanked over a press release. “Lying” is a pretty strong word to see in a headline announcing a settlement of a MUSA case. (If It is certainly not the first time there has been litigation against the FTC based on a press release.

Settlement 52

Settlement Marketing Marketing Advertising 52

Technology & Marketing Law Blog

FEBRUARY 12, 2024

The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” If I were the lower court judge, seeing Philpot taking this case on appeal for a $3 article rather than working towards a reasonable settlement, there is no way I would award him attorneys’ fees.

Fair Use 105

Fair Use Licensing Copyright Marketing 105

The IPKat

SEPTEMBER 30, 2024

EasyGroup, on the other hand, relied on certain registrations which it acquired from a third party as part of a settlement following another(!) The Court disagreed. Applying Merck KGaA v Merck Sharp and Dohme Corp [2017] EWCA Civ 1834 , the Court noted that what was important was the purpose for which the services were provided.

Advertising 69

Advertising Advertising Registration Branding 69

The TTABlog

OCTOBER 1, 2024

in the field of wake, ski, surf, snowboard, motocross, mountain bike, BMX, and skate” portion of the Contested Services, Jones argued that Monster "produced no evidence in discovery that it has ever trained athletes under the [marks of the Counterclaimed Registrations],” and the Contested Services "have never been advertised or sold."

Law 64

Law Registration Advertising Advertising 64

IP Watchdog

JULY 25, 2023

The laundry list of accusations also included trademark dilution, false advertising, common law unjust enrichment, common law tortious interference with contract, and breach of settlement agreement.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

Technology & Marketing Law Blog

JULY 18, 2023

This is great for Google but highly harmful to Genius, which, like many websites, bases its business model on users’ traffic and advertisements. On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. This leaves us with a rather deep split of authorities.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

Intepat

NOVEMBER 26, 2024

These disputes often arise from patent, trademark, or copyright infringement claims, which can lead to costly litigation and significant damages. It covers the legal expenses associated with defence, including attorney fees, court costs, and settlements or damages awarded by the court.

IP 52

IP Intellectual Property Litigation Business 52

Traverse Legal Blog

SEPTEMBER 15, 2023

This surge is not limited to Meta alone; it extends to any organization that employs these technologies for data collection and targeted advertising. A pixel tool is a small piece of code embedded into the HTML of a website designed to measure user interactions and provide online advertising. The cost of inaction is simply too high.

Cease and Desist 52

Cease and Desist Privacy Litigation Technology 52

Greenspoon Marder LLP

SEPTEMBER 25, 2017

As expected, once litigation ensued, there were a number of developments that occurred. Through the Websites’ misrepresentation of its association with Delta, the airline claims unsuspecting travelers were then subjected to various inflated markups and fees.

Business 52

Business Trademark Settlement Marketing 52

LexBlog IP

SEPTEMBER 15, 2023

This surge is not limited to Meta alone; it extends to any organization that employs these technologies for data collection and targeted advertising. A pixel tool is a small piece of code embedded into the HTML of a website designed to measure user interactions and provide online advertising. The cost of inaction is simply too high.

Cease and Desist 52

Cease and Desist Privacy Technology Litigation 52

LexBlog IP

SEPTEMBER 2, 2022

In fact, the individual who provided the fake reviews entered into a settlement of the case against him for $100,000 at the same time the lawsuit was filed. While the Roomster case is proceeding as a civil action, many state false advertising and unfair business practices laws also provide for potential criminal penalties.

False Advertising 52

False Advertising Settlement Publishing Law 52

LexBlog IP

APRIL 12, 2022

The authority that the FTC is using here is set forth in Section 5(m)(1)(B) of the FTC Act, and the agency can only obtain civil penalties if it can show that the target had “actual knowledge” that the practices had previously been deemed deceptive or unfair by the FTC in litigated administrative decisions.

Settlement 52

Settlement Copying Marketing Marketing 52

LexBlog IP

JANUARY 10, 2022

Before doing that, the statute requires the agency to send the penalty complaint (and settlement, if one exists) to the Department of Justice, and the DOJ then has 45 days to either file the case itself or return it to the FTC for prosecution. Now procedurally, the FTC generally cannot just run into federal court to seek penalties.

Settlement 52

Settlement Blogging Privacy Law 52

43(B)log

APRIL 7, 2023

Not just a “coordinator”: DSC chooses trusted flaggers w/significant privileges, certifies dispute settlement bodies—decides who the judges are. Keller: Americans don’t much trust regulations or regulators, and we have scar tissue around litigation—if the rule is a little bit ambiguous someone will litigate and that will cost a lot of money.

Art 45

Art Copyright Settlement Privacy 45

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

Trademark 58

Trademark Registration Copyright Patent Application 58

SpicyIP

OCTOBER 23, 2023

He is interested in IP law, and commercial and criminal litigation. The plaintiffs alleged that the defendant was advertising, manufacturing, and selling a similar product under the mark ‘BRAVOGARD,’ which infringed on their patent and trademark. On 16 th October, the parties reached a settlement on the patent dispute.

Designs 52

Designs Design Music IP 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. As the court says later, “it seems unlikely that an Internet user who reads defendant’s advertisements would believe that they belong to or are endorsed by plaintiffs.”

False Advertising 129

False Advertising Advertising Advertising Trademark 129

Technology & Marketing Law Blog

DECEMBER 19, 2021

You can see Seeking Arrangements’ ad (highlighted) showing above Luxy’s own ad and mixed in with ads for unrelated products: The court says: Plaintiffs’ advertisement does not contain the word “Luxy” or appear to cause any more confusion than the other three advertisements. More Posts About Keyword Advertising.

Advertising 111

Advertising Advertising Settlement Trademark 111