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.

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False Advertising Advertising Advertising Patent 115

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

SpicyIP

SEPTEMBER 3, 2024

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. Haute24 is an online e-commerce platform whose stated aim is to make luxury apparel from the US and Europe affordable for the Indian market (see here ).

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Advertising Advertising Copyright Brands 103

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

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

Plagiarism Today

AUGUST 12, 2021

3: Advertising Fuels $1.34 Billion Illegal Piracy Market, Report by Digital Citizens Alliance and White Bullet Finds. billion annually through advertising. billion annually through advertising. That money is divided between pirate websites, which bring in an estimated $1.08

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Advertising Advertising Reporting Licensing 246

SpicyIP

SEPTEMBER 28, 2023

Image from here Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising Nivrati Gupta “New technologies give us new opportunities, but they all raise the question: How do old, familiar laws apply?” Views expressed here are those of the author’s alone.

Advertising 110

Advertising Advertising Trademark Marketing 110

TorrentFreak

NOVEMBER 19, 2023

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v.

Marketing 128

Marketing Marketing Privacy Intellectual Property 128

Plagiarism Today

FEBRUARY 23, 2022

The lawsuit claims that the song is a valuable licensing asset and notes that it has appeared in several films, TV shows and advertisements. Finally today, Max Slater-Robins at Techradar reports that the United States has added both AliExpress and WeChat to its list of notorious markets for copyright infringement.

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Copyright Copyright Infringement Licensing Marketing 235

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

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

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False Advertising Advertising Advertising Patent 71

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. We usually get ours at the local farmers market.] Yum, and easily veganized. ” Say what? ” That prompted this litigation. ” UGH.

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Trademark Advertising Advertising False Advertising 129

Technology & Marketing Law Blog

FEBRUARY 16, 2022

More Posts About Keyword Advertising. Competitive Keyword Advertising Claim Fails–Reflex Media v. lululemon. * Ohio Bans Competitive Keyword Advertising by Lawyers. * Want to Engage in Anti-Competitive Trademark Bullying? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

IP 141

IP Advertising Advertising Trademark Law 141

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.

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Advertising Advertising Marketing Marketing 147

TorrentFreak

JANUARY 24, 2023

. “Digital piracy causes several damages to the market and the entertainment industry is especially affected by it,” the translation reads. For example, there is an impact on the attractiveness of audiovisual products for the advertising market,” it reads. So what can Globo staff do to help?

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Reporting Social Media Advertising Advertising 144

TorrentFreak

FEBRUARY 29, 2024

In the United States, the formation of the Trustworthy Accountability Group (TAG) in 2015 saw advertisers and advertising agencies come together to clean up the system and prevent ad revenue from reaching pirate sites. still aims to defund pirate sites and protect advertisers from undesirable associations.

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Advertising Advertising Brands Branding 126

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.

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Advertising Advertising Reporting Marketing 124

TorrentFreak

MAY 26, 2022

For many image conscious consumer-orientated businesses, a key to commercial success lies in carefully calibrated branding and marketing. Thousands of pirate sites rely on advertising to generate revenue but entertainment companies are keen to highlight the downsides of dealing with them. GOAL… sponsored by 1XBET.

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Advertising Advertising Brands Branding 141

The IPKat

APRIL 8, 2022

What they have in common is the direct undertaking of those acts, that is – in the words of the CJEU – a comportement actif , which consists of affixing the sign, advertising under it, etc.

Law 138

Law Advertising Advertising Marketing 138

The IPKat

OCTOBER 8, 2024

In a case involving a patent for herbicide compositions, the UPC Munich Local Division was asked to consider whether the alleged infringer's marketing of a product within the Contracting Member States under the same brand name as a clearly infringing product sold outside the Member States created a risk of first (or imminent) infringement.

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Advertising Advertising Patent Infringement Cease and Desist 64

Technology & Marketing Law Blog

MAY 22, 2023

This case involves two rival personal injury law firms in Arizona, one of which engaged in competitive keyword advertising against the other. Nor can it be said to show that Defendants’ marketing strategy made confusion likely. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v.

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Advertising Advertising False Advertising Trademark 111

The IPKat

DECEMBER 22, 2022

In particular, this may be the case where an online marketplace displays its own logo on the advertisements of third-party sellers and it carries out the storage and shipping of the third party goods in question. For example, how is the operator displaying its advertisements (e.g., storing and shipping their products)?

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Advertising Advertising Marketing Marketing 143

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

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Non-Fungible Tokens Advertising Advertising Ownership 140

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

SpicyIP

AUGUST 2, 2024

These various brands have posted laudatory posts congratulating her for this achievement, while at the same time utilizing her image and Olympic win for their own commercial own use by using it in the form of an advertisement. Now the pertinent question becomes whether the advertisements in question are prohibited under the law.

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Brands Branding Branding Personality Rights 105

Technology & Marketing Law Blog

DECEMBER 28, 2021

But its website markets ads, merchandise, and ad-free experiences to all comers. First, HuffPost displayed ads from Texas-based advertisers. Second, it used visitors’ location data to tailor advertising to them. Instead, they direct Texans away from the site, to third-party advertisers. He sued HuffPost in Texas.

Advertising 145

Advertising Advertising Blogging Marketing 145

Technology & Marketing Law Blog

JUNE 26, 2023

Indeed, Facebook is more of a developer than the website in Roommates.com in one respect because, even if a user did not intend to reveal a particular characteristic, Facebook’s algorithms nevertheless ascertained that information from the user’s online activities and allowed advertisers to target ads depending on the characteristic.

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Advertising Advertising Marketing Marketing 111

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? However, the results are consistent with each other.

Trademark 98

Trademark Advertising Advertising False Advertising 98

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 122

Publishing Advertising Advertising Reporting 122

Olartemoure Blog

JANUARY 9, 2024

The Digital Markets Act (DMA), the groundbreaking EU law addressing antitrust, unfair competition, and consumer protection, has now designated major tech companies as gatekeepers. Offer the possibility to the companies to include advertisements on their platform with access to the gatekeeper’s performance measuring tools.

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Designs Design Advertising Advertising 105

43(B)log

OCTOBER 28, 2024

It didn’t get a chance to decide the false advertising claims, which I think reflects courts’ relatively lax approach to TM compared to the rigors to which false advertising claims are subjected before reaching a jury; personally, I likely would have gone the other way. It was insufficient to provide: 1.

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False Advertising Advertising Advertising Designs 59

TorrentFreak

OCTOBER 10, 2022

Notorious Markets. This is apparent from the latest overview of ‘notorious markets’ that was just submitted to the US Trade Representative ( USTR ). The notorious markets list is limited to non-US operations, so Cloudflare itself isn’t one of the MPA’s targets. Registries, Hosting, Ads, and Payments.

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Reporting Marketing Marketing Advertising 145

Technology & Marketing Law Blog

NOVEMBER 30, 2022

Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? I guess RCN can better manage its copyright liability exposure by advertising that it provides shitty connections.

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Copyright Advertising Advertising Copyright Infringement 139

Olartemoure Blog

FEBRUARY 10, 2024

the Super Bowl moves billions of dollars, mainly through advertising. Even small businesses that have used “Super Bowl” to advertise watch-parties, have received cease and desist letters from NFL lawyers. Arguably the most important sports event in the U.S.A., THE SUPER BOWL TRADEMARK in 1969 In 1969, the NFL trademarked “Super Bowl”.

Cease and Desist 105

Cease and Desist Trademark Advertising Advertising 105

Technology & Marketing Law Blog

DECEMBER 3, 2023

She alleges that despite this duty, Amazon promoted, marketed, sold, and distributed John Doe’s camera. ’ All advertised uses are foreseeable uses.” Basically repeating its duty analysis, the court extends causation back to Amazon: Amazon approved and helped market John Doe’s camera. Snap , Lemmon v.

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Advertising Advertising Marketing Marketing 116

TorrentFreak

FEBRUARY 24, 2023

After thriving in what was once a localized traditional market, Japanese comics known as ‘manga’ took the world by storm. Publishers and authors could only watch as their work fueled a huge but unlicensed black market. Search Engines Google appears to be taking the same position in Japan as it does elsewhere.

Publishing 143

Publishing Advertising Advertising Music 143

The IPKat

FEBRUARY 27, 2023

In particular, the Board of Appeal took the view that the sign would be understood by the relevant public as an advertising slogan and not as an indication of the origin of the goods. Comment This decision adds to the increasingly relevant debate on greenwashing.

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