IIPRD

JANUARY 6, 2023

The evolution and development of trademark law protect the right of manufacturers or sellers but the advancement of technology and the emergence of social media has bound lawmakers and interpreters to make a continuous intervention and take a comprehensive vigil over the various new issues related to trademark infringement.

Social Media 52

Social Media Trademark Advertising Advertising 52

Technology & Marketing Law Blog

JULY 29, 2023

The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Davis claimed that Texas’ social media censorship law preempted the TOS venue clause. [FN: That was presumably the number when the complaint was filed.

Social Media 83

Social Media Contracts Law Litigation 83

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.

Social Media 114

Social Media Reporting Advertising Advertising 114

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Art Law Journal

JULY 26, 2022

Thanks to the internet and its billions of active users, it’s become easier than ever to leverage social media for artists to amass a following within niche communities, network with like-minded creators, and ultimately increase chances of finding new clients. . . First impressions: the art of the bio.

Social Media 67

Social Media Business Art Branding 67

IP and Legal Filings

JANUARY 3, 2023

Forbidding the employment of foreign models and voice actors in advertisements starting of October 1, 2022, was one of ARCON’s first actions. According to the sources, the Council claims that “the ads on Facebook, Instagram, and WhatsApp in the Nigerian markets are not verified and allowed by the federal government”.

Advertising 82

Advertising Advertising Social Media Government 82

TorrentFreak

FEBRUARY 1, 2023

Every year, the Office of the United States Trade Representative ( USTR ) publishes a list of ‘notorious markets’ that facilitate online piracy and related intellectual property crimes. For example, we have seen hosting companies, advertisers, and social media platforms being added.

Marketing 125

Marketing Marketing Social Media Reporting 125

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. A Social Media Influencer is someone who creates unique material that keeps people interested on multiple social media platforms, causing them to return for more high-quality information.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Art Law Journal

AUGUST 10, 2022

Here’s a common scenario on social media for artists: You’re starting to grow a steady online following, but your audience isn’t commenting, liking or sharing your first few posts. So is it time to throw in the towel on social media and focus on other marketing strategies? Wear your heart on your sleeve.

Social Media 52

Social Media Art Marketing Marketing 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). A reasonable advertiser would also know that it was being charged a much higher rate for clicks than impressions. targeted social media advertising.

Privacy 107

Privacy Marketing Marketing Social Media 107

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media 106

Social Media Law Blogging Publishing 106

Technology & Marketing Law Blog

DECEMBER 2, 2021

Earlier this year, the Texas legislature enacted HB 20 , a blatant attempt to censor social media service. The opinion emphatically slices through the FUD that’s been generated by pro-censorial forces questioning whether social media services exercise editorial discretion. The Opinion. ” [cite to USTA v.

Social Media 98

Social Media Law Blogging Publishing 98

IP Tech Blog

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. What Privacy-Related Claims Does Your Company Make?

Advertising 62

Advertising Advertising Reporting Privacy 62

Trademark and Copyright Law Blog

AUGUST 27, 2021

Social media platforms present countless opportunities for companies looking to connect to consumers and clients in real time. Foley Hoag will present a 60-minute webinar offering guidance on social media issue spotting for in-house legal practitioners, with a focus on intellectual property, publicity rights and advertising.

Social Media 40

Social Media Intellectual Property Advertising Advertising 40

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. Social media platforms.

Branding 52

Branding Branding Brands Social Media 52

LexBlog IP

SEPTEMBER 30, 2022

On August 23, 2022, the Federal Trade Commission announced it will continue to seek additional public comment on how children are increasingly being affected by digital advertising and marketing messages “that may blur the line between ads and entertainment.” And that question is even more acute when it comes to children.

Advertising 52

Advertising Advertising Social Media Marketing 52

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. To navigate the seemingly unending stream of advertisements, consumers often depend on independent reviews for candid and accurate assessments. Robinhood Markets, Inc.,

Advertising 115

Advertising Advertising Contracts Social Media 115

JD Supra Law

APRIL 17, 2024

In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise, influencers create certain content to secure brand deals and attract advertisers.

Copyright Law 75

Copyright Law Social Media Branding Branding 75

IP Tech Blog

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. The ASA held that under the CAP Code, the posts were marketing communications and as such, should have been obviously identifiable.

Social Media 57

Social Media Advertising Advertising Branding 57

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

False Advertising 72

False Advertising Advertising Advertising Social Media 72

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. Social media platforms.

Branding 52

Branding Branding Brands Social Media 52

IP and Legal Filings

MARCH 15, 2023

The company aims at highlighting the qualities of the products through advertisements which thereafter becomes an advertisement campaign which build the market identity of the product. The advertisements require a lot of brainstorming in highlighting the distinctive characteristics of the product and build its uniqueness.

Advertising 52

Advertising Advertising Intellectual Property Social Media 52

LexBlog IP

MARCH 20, 2023

“[N]o legacy is so rich as honesty” 1 might fairly summarize the Federal Trade Commission (FTC)’s theme to the advertising industry for 2023, as gleaned from the National Advertising Division (NAD) 2022 Annual Report. Nothing less will do.

Advertising 52

Advertising Advertising Reporting Privacy 52

The TTABlog

DECEMBER 29, 2022

The TTAB upheld three refusal to register the proposed mark POSITIVE ONLINE PRESENCE for "Providing marketing consulting in the field of social media." The Board took judicial notice of definitions of the words "marketing," "consulting," and "managing." And so, all three refusals were affirmed.

Marketing 70

Marketing Marketing Social Media Advertising 70

43(B)log

SEPTEMBER 14, 2021

18, 2021) Doe, a real a **e (“deeply unsympathetic,” to use the court’s terms), advertised “ASU Covid Parties” on a similarly-named Instagram account and spewed a lot of bile as well as, in its first post, using ASU’s colors. The Board sued Doe for trademark infringement and related claims; Doe defaulted.

Social Media 53

Social Media False Advertising Advertising Advertising 53

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. In addition to copyright infringement, Atari brought claims for business disparagement, false information and advertising, unfair competition, and unjust enrichment.

Fair Use 102

Fair Use Copyright Artwork Social Media 102

LexBlog IP

FEBRUARY 28, 2024

Clear disclosure of an ad is of paramount importance in the advertising world, and we have discussed this previously in our blogs here and here. The ASA held that under the CAP Code, the posts were marketing communications and as such, should have been obviously identifiable.

Social Media 52

Social Media Advertising Advertising Branding 52

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

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. 1, 2017 to Apr. 11, 2023 (claiming that various products were “patented”).

False Advertising 59

False Advertising Advertising Advertising Patent 59

43(B)log

NOVEMBER 6, 2023

Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” In a particularly “yikes” bit, one marketing defendant 1990.

Marketing 59

Marketing Marketing False Advertising Advertising 59

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

IPilogue

NOVEMBER 3, 2021

The FTC initially filed a complaint that Facebook had a monopoly and requested the sale of Instagram and WhatsApp to prevent a monopoly over the social media market. Does Facebook have a monopoly over the market? The market is said to be ‘free’ and active when there is aggressive competition. What is Antitrust

Social Media 105

Social Media Marketing Marketing Advertising 105

IIPRD

JUNE 26, 2024

A social media influencer is someone who creates content based on their niche in various social media platforms where they deliver information by uploading in the mediums of long format videos, short format videos or reels, static posts and stories.

Intellectual Property 52

Intellectual Property Social Media Intellectual Property Law IP 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

Selvam & Selvam Blog

APRIL 5, 2022

The power of the internet, in particular that of social media is humungous. When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

SpicyIP

OCTOBER 23, 2024

Recently, Delhi High Court granted an interim injunction to Zydus against social media influencer Prashant Desai’s allegedly disparaging post on nutritional health drinks. 29(8) is meant for “infringement by advertising of the mark ”, and the ASCI guidelines too, as the title indicates, are influencer “advertising”.

Social Media 96

Social Media Advertising Advertising Trademark 96

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