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.

Advertising 59

Advertising Advertising Marketing Marketing 59

TorrentFreak

JANUARY 24, 2023

“Digital piracy causes several damages to the market and the entertainment industry is especially affected by it,” the translation reads. “Digital piracy causes several damages to the market and the entertainment industry is especially affected by it,” the translation reads. So what can Globo staff do to help?

Reporting 142

Reporting Social Media Advertising Advertising 142

TorrentFreak

JANUARY 31, 2024

Each year around the end of January, the Office of the United States Trade Representative ( USTR ) publishes its annual review of so-called ‘notorious markets’ known for their connections to intellectual property crime. reappeared in the report last year. After an unexplained absence in 2021, YTS.mx

Reporting 115

Reporting Marketing Marketing Social Media 115

Technology & Marketing Law Blog

OCTOBER 15, 2024

Ranson, who advertises himself as providing “Trusts & Estates Litigation Consulting & Expert Witness Testimony.” Owen claimed that if the trust had sold the real estate, it could have invested the cash into the stock market. The post Expert Witness Used Generative AI to Prepare His Report. Surrogacy Ct.

Reporting 114

Reporting Blogging Business Confidentiality 114

TorrentFreak

NOVEMBER 11, 2021

This is why the advertising industry is seen as an ally in the fight against piracy. In the UK , hundreds of advertising agencies began banning pirate sites, and the European Union chimed in as well. What we do know is that earlier this year, there were 5,800 domain names reported as “copyright infringing” sites.

Advertising 136

Advertising Advertising Intellectual Property Reporting 136

LexBlog IP

JANUARY 28, 2024

certainly had a disparate week in the world of advertising, with the high of sponsoring the AFC and NFC championship games and the low of an order finding that it had engaged in deceptive advertising. Intuit, Inc. The order will be effective 60 days after service and will remain in effect for 20 years.

Advertising 52

Advertising Advertising Cease and Desist Reporting 52

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 139

Marketing Marketing Copyright Technology 139

TorrentFreak

OCTOBER 10, 2022

Just a few days ago we reported how ACE was instrumental in shutting down pirate streaming services in Latin America. Notorious Markets. This is apparent from the latest overview of ‘notorious markets’ that was just submitted to the US Trade Representative ( USTR ). and Amaratu are two such examples, the MPA reports.

Reporting 144

Reporting Marketing Marketing Advertising 144

TorrentFreak

MARCH 8, 2024

Late last month we reported on the latest copyright claim data made available by YouTube. Coincidentally, reports suggest that YouTube has around two billion active users already. Things Have Moved On Since Then It’s almost impossible to reconcile the figures being reported this week with any type of normal thought process.

Reporting 120

Reporting Copyright Intellectual Property Advertising 120

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. and Microsoft Corporation,” Blacklight’s report reads.

Marketing 121

Marketing Marketing Privacy Intellectual Property 121

43(B)log

JANUARY 11, 2023

9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean.

Advertising 59

Advertising Advertising False Advertising Marketing 59

Technology & Marketing Law Blog

DECEMBER 18, 2021

The Coronavirus Reporter app “sought to collect ‘bioinformatics data’ from users about COVID-19 symptoms that it would then share with ‘other users and [unidentified] epidemiology researchers.'” The court rejects the plaintiffs’ attempts to create single-brand markets. ” Sounds sketchy as hell.

Reporting 116

Reporting Law Contracts Advertising 116

Technology & Marketing Law Blog

AUGUST 18, 2024

The advertising revenues may eventually pass through in some portion to creators. But, I also pointed to the way in which European regulators are once again (hello, GDPR) leading the way in regulating AI, both under the EU AI Act and the Digital Markets Act, disrupting the traditional gatekeepers of digital markets.

Blogging 110

Blogging Reporting Privacy Branding 110

43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

False Advertising 99

False Advertising Advertising Advertising Business 99

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 97

False Advertising Advertising Advertising Marketing 97

Traverse Legal Blog

SEPTEMBER 27, 2024

One of the most common brand protection issues involves gray market sellers and counterfeits on Amazon. Introduction Are grey market sellers and counterfeiters damaging your brand’s reputation and undercutting your sales on Amazon?” There’s both good news and bad news. Let’s start with the bad news.

Branding 52

Branding Brands Branding Marketing 52

IP Tech Blog

MAY 19, 2023

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture , the global sector is expected to grow from $6.0 Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. billion in 2020 to $24.1

Marketing 57

Marketing Marketing Contracts Branding 57

TorrentFreak

OCTOBER 13, 2021

In response to a request from the Office of the US Trade Representative (USTR), the Entertainment Software Association (ESA) has submitted a list of so-called ‘Notorious Markets’ to the US government. However, the ESA highlights the importance of the site to the Nintendo Switch piracy market. “As the U.S.

Reporting 136

Reporting Government Marketing Marketing 136

43(B)log

OCTOBER 11, 2022

30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Defendant BPM.com reported on the BPM industry. Previous discussion.)

Marketing 59

Marketing Marketing Business False Advertising 59

LexBlog IP

MAY 19, 2023

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture , the global sector is expected to grow from $6.0 Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. billion in 2020 to $24.1

Marketing 52

Marketing Marketing Contracts Branding 52

43(B)log

APRIL 26, 2023

The parties compete in the market for skid steer attachments and other products. Creager sells Montana post drivers (made in China) that compete with the Texas post drivers sold by IDT (advertised as made in the USA). The parties had other disputes, including accusing each other of posting false reviews of the other.

Fair Use 64

Fair Use Advertising Advertising False Advertising 64

IP Tech Blog

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Take appropriate, pro-active steps to prevent hidden advertising from appearing on the platform.

Branding 52

Branding Brands Branding Social Media 52

The IPKat

FEBRUARY 5, 2023

The IPKat has received and is pleased to publish another guest contribution by Danish Katfriends Jakob Plesner Mathiasen , Hanne Kirk and Thit Nymand Nisbeth (all Gorrissen Federspiel) tackling influencer marketing from an IP perspective. This emerging breed is - very tellingly - called influencer marketing.

Marketing 94

Marketing Marketing IP Music 94

The IPKat

DECEMBER 27, 2021

Last week, the UK Intellectual Property Office (UKIPO) released an intriguing report measuring and analyzing (apparently for the first time) the influence that social media influencers exert on consumers also when it comes to purchasing counterfeits. The same appears to be true, at least in certain cases, for the purchase of counterfeits.

Social Media 114

Social Media Reporting Advertising Advertising 114

43(B)log

FEBRUARY 16, 2024

12, 2024) The court denied certification to a proposed class of dentists/orthodontists over SDC’s allegedly false advertising for its plastic aligners/teledentistry services, based on difficulties identifying harm/causation. Thus, causation/harm would predominate.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

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 113

Advertising Advertising Reporting Marketing 113

IP Tech Blog

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

Advertising 57

Advertising Advertising Social Media Publishing 57

Plagiarism Today

AUGUST 12, 2021

First off today, Robert Moran at The Philadelphia Inquirer reports that a federal judge has recommended that the Philadelphia Phillies be allowed to continue to use their modified version of the famous Phillie Phanatic mascot even though the changes were relatively minor. 3: Advertising Fuels $1.34 billion annually through advertising.

Advertising 246

Advertising Advertising Reporting Licensing 246

43(B)log

APRIL 26, 2023

25 2023) Previous district court opinion allowing Lanham Act false advertising claims to proceed against Microsoft; applying the Article III analysis that doesn’t (yet?) TocMail launched its IP-evasion product, got a patent, and then sued Microsoft for false advertising—all within two months.” TocMail, Inc. Microsoft Corp.,

False Advertising 59

False Advertising Advertising Advertising IP 59

IP Tech Blog

DECEMBER 3, 2021

What is the UK advertising regulator’s position on the costs of mystery items, bonus time, and levelling up? Instead, it provides a useful framework to enhance businesses’ understanding of their obligations when conducting in-game advertising. Several platforms urgently need to change their game mechanics to comply with new rules.

Advertising 67

Advertising Advertising Publishing Reporting 67

43(B)log

AUGUST 25, 2022

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

APRIL 25, 2022

25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. This was first used by VSL, marketed as VSL#3. De Simone created an eight-strain combination probiotic product known as the De Simone Formulation.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

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. Is the goal here to have consumers talk about the topic of the day – e-cigarette marketing and youth uptake? More information and the report are available here.

Reporting 52

Reporting Advertising Advertising Settlement 52

LexBlog IP

MARCH 5, 2024

As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Finally, please let me know if you have thoughts about the report or changes you would like to see. So, I am very open to your suggestions for improving the report. Plaintiff: Adim8, LLC Pls. DoorDash, Inc. Avnet, Inc.

Reporting 52

Reporting Litigation Patent IP 52

LexBlog IP

NOVEMBER 28, 2022

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Take appropriate action where their terms of service are not complied with.

Branding 52

Branding Branding Brands Social Media 52

LexBlog IP

JULY 10, 2023

Can I Use a Competitor’s Name in Advertising? by Founders Legal Some of the most memorable advertising campaigns in history involve the comparative use of competing trademarks. Consumer Comparison Survey Courts have held that it is legally defensible to conduct actual consumer comparison surveys and truthfully report the results.

Advertising 40

Advertising Advertising Brands Branding 40

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.] June 26, 2019), report and recommendation adopted, No. Yum, and easily veganized. ” Say what? ” That prompted this litigation.

Trademark 114

Trademark Advertising Advertising False Advertising 114