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.

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Advertising Advertising Trademark False Advertising 98

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

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

Copying 94

Copying False Advertising Social Media Advertising 94

The IPKat

APRIL 8, 2022

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. Their ultimate objective is to realize the full value underlying the economic operation that consists of offering goods for sale and placing them on the market.

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Law Advertising Advertising Marketing 138

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. You’ve Been Referred Here Because You’re Wrong About The First Amendment.” The prior part explained the most recent ruling, a devastating but not unexpected loss for hiQ. Don’t worry! You’re not alone.

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Blogging Law Contracts Cease and Desist 131

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

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., The press release is here (French only).

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Advertising Advertising Marketing Marketing 143

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

43(B)log

JULY 19, 2023

17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., 19-662-CFC, 2023 WL 4561059 (D. Natera made superiority claims for its Prospera.

False Advertising 75

False Advertising Advertising Advertising Marketing 75

IP and Legal Filings

JULY 28, 2022

The promoter’s marketing or prospectus must prominently display the MahaRERA website URL, where all details of the registered project as well as the registration number acquired from the Authority have been recorded. References: [1] The Real Estate (Regulation and Development) Act, 2016 Act no. 16 of 2016. [2] 16 of 2016. [2]

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Registration Government Reporting Marketing 98

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc., 22-542 (W.D.

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Advertising Advertising Marketing Marketing 59

SpicyIP

JANUARY 11, 2023

In an extremely detailed order ( pdf ) concerning the issue of comparative advertising and disparagement, the Delhi High Court held that “ an advertiser ought to have the freedom to make advertisements with generic comparison highlighting the features of its own product.” Ananya is a 4th year student pursuing B.A

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Advertising Advertising Television Marketing 98

TorrentFreak

OCTOBER 14, 2021

The organization, which represents the major Hollywood studios and Netflix, calls out the most problematic foreign sites and services in its “notorious markets” submission to the USTR each year. “These markets are an immediate threat to legitimate commerce, impairing legitimate markets’ viability and curbing U.S.

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Advertising Advertising Marketing Marketing 145

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. Each log entry includes the date of the call and the caller’s name, as well as a column labeled “[w]hat they said referred by.” The court dismisses the lawsuit on summary judgment. LoanStreet v.

Advertising 111

Advertising Advertising False Advertising Trademark 111

TorrentFreak

OCTOBER 26, 2022

Earlier this month, the RIAA shared its recommendations for the USTR’s annual review of overseas notorious markets. ” Links and References Removed. On GitHub, Deezer explicitly advertises Spleeter’s music separation features, including the separation of vocals. Operator Responds.

Music 145

Music Copyright Infringement Copyright Brands 145

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”.

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Cease and Desist Trademark Advertising Advertising 105

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

TorrentFreak

SEPTEMBER 30, 2021

The three models argued that Cloudflare directly infringed their rights by making copies of the copyrighted works on its servers and deliberately marketing its service to pirate sites. In a copyright infringement context, volitional conduct refers to a causal link. Thothub Operators and Advertisers.

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Copyright Infringement Advertising Advertising Copyright 144

The IP Law Blog

DECEMBER 29, 2022

The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an antitrust claim. Google’s business model focuses on advertising revenue instead of charging users to utilize its search engine.

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Advertising Advertising Marketing Marketing 104

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising. ” Marketing channel. Note: if it’s not obvious, “CE” is an abbreviation for “continuing education.”

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Advertising Advertising False Advertising Trademark 98

43(B)log

JULY 24, 2023

The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. These ads were based on an obseivational study Amgen conducted itself, in an effort to remain competitive with the emerging biosimilar market. Sandoz Inc.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

The IPKat

DECEMBER 27, 2021

The findings The UKIPO’s findings are based on a quantitative survey of 1,000 female (studies suggest that influencer marketing is “ highly gendered ”) consumers in the UK, aged 16 to 60 and who use social media at least once per week.

Social Media 119

Social Media Reporting Advertising Advertising 119

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.

Advertising 64

Advertising Advertising Patent Infringement Cease and Desist 64

TorrentFreak

NOVEMBER 1, 2021

Among other things, he allegedly advertised and trafficked circumvention devices, while maintaining regular contact with resellers throughout the world. To achieve this, co-defendant Max Louarn put Bowser in charge of operating maxconsole.com, through which he helped to market and sell Team-Xecuter devices. Bowser Pleads Guilty.

Government 145

Government Advertising Advertising Copying 145

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. Trademark Infringement The advertiser compares two perfumes showing them side to side in the ad video and claims to create a version of the luxury perfume.

Trademark 111

Trademark Advertising Advertising Brands 111

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

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Music Government Contracts Marketing 130

Erik K Pelton

JULY 31, 2020

It could sometimes include a business card if it references the service. Say you’re a realtor or an attorney and the business card makes some reference to the actual nature of the work, as well as the trademark of the brand name that would generally be acceptable. It could include a brochure.

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Trademark Advertising Advertising Editing 130

43(B)log

FEBRUARY 16, 2024

30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. W-22-CV-00777-ADA-DTG (W.D.

False Advertising 59

False Advertising Advertising Advertising Patent 59

Technology & Marketing Law Blog

JUNE 29, 2022

This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. Keyword Ads. Proximity of goods. ” Bad faith. Customer sophistication.

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Trademark Advertising Advertising Blogging 111

Kashishipr

NOVEMBER 3, 2021

A wide array of linguistic, legal, and marketing-related factors contribute to trademark genericization. Sadly, targets of genericization are often successful brands whose goods were or are market leaders in their sector. One advertisement of ESCALATOR, for example, began as “Otis elevators, Otis escalators.”

Trademark 105

Trademark Brands Branding Branding 105

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. First, only 94 of those references were “actual leads processed by Quintessa from its competitive bidding campaign (the campaign that bids on the Adler Marks).” Case citation : Jim S.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

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Copyright Advertising Advertising Trademark 107

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.

False Advertising 59

False Advertising Advertising Advertising Designs 59

The IPKat

SEPTEMBER 12, 2023

In February 2018, ALDI SÜD advertised the perfumes in their weekly promotional brochure for Valentine’s Day. Coty claimed that the presentation and advertising of the JOOP! It found that the perfumes were not luxury products, whose reputation could have been negatively affected by the presentation and advertising of ALDI SÜD.

Advertising 94

Advertising Advertising Brands Branding 94

TorrentFreak

SEPTEMBER 8, 2023

However, the focus of the conversation was on certain devices, referred to in the interview as “ISDs, Firesticks and Android apps” and their various abilities to facilitate piracy. What’s AAPA’s position there? As a result they are not illegal and cannot be described as such.

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IP Intellectual Property Marketing Marketing 132

SpicyIP

AUGUST 8, 2024

This is what was seen in the recent case of M/s KG Marketing of India v. KG Marketing India, through its proprietor, Mr. Karan Kumar, against Rashi Santosh Soni and Santosh Soni (the defendants) to seek an injunction to prevent the use of the trademark “SURYA”. Rashi Santosh Soni & Anr. Meenakshi case and the Ashok v.

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Trademark Marketing Marketing Advertising 111