IP Intelligence

JULY 15, 2021

While the details of any particular case will imbue certain factors with more importance than others, more often than not, copyright plaintiffs are quick to note (and criticize) when defendants are for-profit entities and when the contested material is posted on a website that contains advertising – e.g., online news sites and social media.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

43(B)log

MAY 13, 2024

Here, the city successfully wins remand (and a fee award) in this opinion rejecting removal of its false advertising suit against Exxon, other fossil fuel companies, and their top trade association for violations of New York City’s Consumer Protection Law. Following a similar case, Connecticut v.

False Advertising 59

False Advertising Advertising Advertising Law 59

LexBlog IP

JULY 15, 2021

While the details of any particular case will imbue certain factors with more importance than others, more often than not, copyright plaintiffs are quick to note (and criticize) when defendants are for-profit entities and when the contested material is posted on a website that contains advertising – e.g., online news sites and social media.

Fair Use 52

Fair Use Advertising Advertising Copyright 52

43(B)log

MARCH 29, 2024

Second, a full-page print magazine ad that featured an image of a baby’s face with the sentence: “The Gerber Generation says ‘I love Mommy’s eyes, not her allergies.’ ” Smaller text below this line, next to an image of a GSG canister, stated: If you have allergies in your family, breastfeeding your baby can help reduce their risk.

False Advertising 104

False Advertising Advertising Advertising Reporting 104

TorrentFreak

FEBRUARY 9, 2022

Eight years later, Japan’s parliament passed new copyright amendments that banned the unlicensed downloading of manga, magazines and academic texts from the Internet, in line with the previously outlawed media categories. In 2012, Japan passed legislation that made it illegal to download unlicensed movies and music from the Internet.

Reporting 144

Reporting Copyright Copyright Infringement Music 144

LexBlog IP

AUGUST 31, 2021

The chair ultimately was recognized by Time Magazine as the Best Design of the 20th Century, and now is in the design collections of numerous museums. Ensure that advertising promotes the nonfunctional design elements, such “look for” advertising. In re Ennco Display Sys. 52 USPQ2d 1628, 1631 n.4 4 (TTAB 1999).

Advertising 52

Advertising Advertising Design Designs 52

IPilogue

SEPTEMBER 29, 2021

Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. In fact, nearly all creations by Andy Warhol are derivatives of existing images—celebrity photos, advertisements, magazine illustrations, etc.—to

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

TorrentFreak

AUGUST 20, 2024

Advertising revenue that once kept digital publications online, later began to diminish. That was partly explained by the rise of browser-based ad blocking software, itself a response to the rise of aggressive and intrusive advertising. Popularity of free-to-consume digital versions had a tendency to cannibalize print sales.

Publishing 128

Publishing Technology Advertising Advertising 128

Erik K Pelton

DECEMBER 20, 2022

One example was the November release of the Her Loss album by artists Drake and 21 Savage which included a fake Vogue magazine cover as part of the album artwork, as well as a fake version of Vogue magazine. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

SpicyIP

MARCH 28, 2022

World over traditional media houses have faced financial difficulties due to the emergence of new digital realities and plummeting online advertising revenues. News publishers are therefore deemed owners of collective articles only for the purposes of publication in collective works such as newspapers, magazines or similar periodicals.

Copyright 105

Copyright Publishing Music Contracts 105

TorrentFreak

JUNE 28, 2023

According to Rights Alliance, a member of Asgaard was also part of a piracy release group known as ‘Xoro6’ Between July and December 2020, the now 41-year-old man from Funen illegally copied and shared over 1,000 eBooks, audiobooks, newspaper articles and magazines with other Asgaard users.

Reporting 145

Reporting Advertising Advertising Copying 145

43(B)log

JANUARY 18, 2022

For example, it was plausibly false/misleading to advertise that users handling one of the products “need not wear protective equipment.” There’s a magazine for pallets! I can only assume that there actually is a magazine for storage jars out there.] ISK challenged various ad claims; the court focused on a few.

False Advertising 59

False Advertising Advertising Advertising Law 59

The IPKat

OCTOBER 8, 2023

Background PS Holding BV (the Applicant) filed an application for EUTM registration of the below figurative mark: The application concerned services in Classes 35 (mannequins and photo models for advertising or sales promotion) and 41 (models and mannequins for recreational or leisure purposes) of the Nice Classification.

Registration 100

Registration Advertising Advertising 100

WIPO Magazine

OCTOBER 9, 2023

As the value of intangible assets rises, brands can inspire meaningful connections with a broader range of consumers and boost business growth by introducing diversity, inclusion and equity into their advertising campaigns.

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 52

The TTABlog

AUGUST 30, 2021

The well known Eames chair was designed in the 1940s and was recognized by Time magazine as the Best Design of the 20th Century. The Board upheld a Section 2(e)(5) refusal to register the design of the Eames chair (shown below) for "furniture, namely chairs," finding the configuration to be de jure functional.

Design 98

Design Designs Advertising Advertising 98

The IPKat

SEPTEMBER 24, 2021

The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria.

Ownership 91

Ownership Artistic Work Contracts Copyright 91

Plagiarism Today

SEPTEMBER 14, 2022

He found that many commercially-available products were not being sold as advertised and included fillers and even toxic substances mixed in. Perhaps the most damming evidence came out in a February 2022 feature published by Science Magazine. It was then that a formal investigation began.

Journalism 187

Journalism Plagiarism Publishing Public Domain 187

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

Technology & Marketing Law Blog

JUNE 23, 2023

.” In his complaint, Fyk says he published WTF (“Where’s The Fun”) Magazine that achieved success on Facebook, including 25M followers and hundreds of thousands of dollars of revenue each month. Fyk claims Facebook retaliated against him because he didn’t advertise enough.

Government 110

Government Litigation Advertising Advertising 110

Kluwer Copyright Blog

APRIL 29, 2024

In recent first-instance rulings, copies of David by Michelangelo and Vitruvian Man by Leonardo Da Vinci were prevented from being freely used on a board game, a magazine cover page, and an advertising commercial (see also DeAngelis/Giardini here ; Dore/Caso here and here ).

Public Domain 127

Public Domain Artwork Copyright Marketing 127

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 consent judgment was a lump sum and, Princeton argued, included uncovered claims; most of the images fell within the 2017-18 period.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

OCTOBER 29, 2021

2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce). Online Magazine Gets Section 230 Protection For Third Party Article–AdvanFort v. Global Tel*Link. Second Circuit Enforces Terms Hyperlinked In Confirmation Email–Starkey v. G Adventures. Clickthrough Agreement Upheld–Whitt v.

Contracts 105

Contracts Privacy Blogging Litigation 105

43(B)log

MARCH 6, 2024

5, 2024) Metroplex, a local advertising company, brought a putative class action against Meta for unfair competition. Metroplex also allegedly develops tools and systems for managing and optimizing advertising campaigns for businesses. As for stating a claim, Meta noted that most of the challenged statements weren’t “advertising.”

Advertising 45

Advertising Advertising Business False Advertising 45

Kluwer Copyright Blog

JUNE 14, 2023

The reproduction was not authorized by the public museum Gallerie degli Uffizi in Florence where the masterpiece is kept.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

43(B)log

SEPTEMBER 7, 2021

And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. But in 2019, Uber Technology allegedly began preparatory steps to enter the advertising business. Starting in 2012, Uber Inc.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

The IP Law Blog

JUNE 10, 2021

Its previous right-of-publicity laws were an extension of its statutory right of privacy which provided that “any person whose name [or likeness] is used within [New York] for advertising [or trade] purposes without. written consent” can sue for an injunction and damages.

Privacy 85

Privacy Music Law Advertising 85

The IPKat

OCTOBER 15, 2021

The defendant, Alexandra Wenman, is also a spiritual author and holistic therapist, as well as a past editor of and writer for ‘Prediction Magazine’, one of the longest-running mind, spirit and body magazines available at the time.

Business 83

Business Social Media Registration Intellectual Property 83

Technology & Marketing Law Blog

AUGUST 3, 2021

Broadly described, those are: (1) lawsuits against the government; (2) a lawsuit brought by the government “to protect an imminent threat to public health or safety”; (3) claims against someone who is “primarily engaged in the business of selling or leasing goods” if the cause of action relates to their advertising; (4) lawsuits brought by victims (..)

Law 144

Law Litigation Government Advertising 144

Kashishipr

SEPTEMBER 8, 2021

It includes the length of use, the volume of goods sold, the extent of service provided, the use of an advertising slogan, the generic term being used in combination with other marks, the expense incurred on the advertisement, trade reports, and consumer surveys.

Trademark 105

Trademark Registration Branding Brands 105

Copyright Lately

JANUARY 29, 2024

provides a remedy against “[a]ny person who uses a deceased personality’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent.”

Registration 92

Registration Television Advertising Advertising 92

The TTABlog

AUGUST 21, 2023

In re Genomma Lab Internacional, S.A.B. Serial Nos. 90820054 (August 14, 2023) [not precedential] (Opinion by Judge Cindy B.

Branding 52

Branding Brands Branding Advertising 52

The IPKat

FEBRUARY 17, 2023

At first glance, it appears to be an online magazine. It arranged the contents of the website at its own discretion and used the website to earn commissions by placing advertising on them. The Supreme Court distinguished an affiliate from an advertising agency. The website deals with sleep and mattresses.

Advertising 70

Advertising Advertising Business Design 70

Indiana Intellectual Property Law

JUNE 17, 2022

Design Tascono sells these pieces through various means, including its website, catalog, previously through SkyMall magazine, as well as through various authorized on-line retailers and through its network of North American brick-and-mortar distributors and retailers. The Concrete Lady, Inc. ,

Copyright Infringement 52

Copyright Infringement Design Designs Copyright 52

SpicyIP

NOVEMBER 15, 2022

The High Court also noted that merely because the impugned mark’s advertisement occurred in Delhi, the courts of Delhi will not become eligible to adjudicate on the dispute. Khodays Breweries Private vs House Of Khodays Private on 3 November, 2022 (Bangalore District Court). Licensing Ip International S.AR.L

Trademark 105

Trademark Patent Copyright Design 105

The IPKat

JUNE 11, 2022

On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9.

Advertising 97

Advertising Advertising Reporting Registration 97

43(B)log

JULY 7, 2023

23, 2023) Common sense is a big part of advertising law, as implemented by the reasonable consumer. Defendants allegedly use fake celebrity and magazine endorsements, as well as misrepresentations about price and limited availability, to induce consumers into buying “keto” weight-loss pills. Fulfillment Lab, Inc, No. followed by “$39.74/bottle”

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

DECEMBER 29, 2022

MedSpa repeatedly reposted the photo and shared it for articles published by a magazine and an online blog. Florida law prohibits the unauthorized publication of a person’s name or likeness for a commercial or advertising purpose without express written or oral consent. False advertising: Same. All the claims survived.

Blogging 59

Blogging False Advertising Advertising Advertising 59