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Advertisers Freedom To Make Ads

IP and Legal Filings

Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between this and comparative advertising. To prevent legal disputes, caution must be exercised to differentiate between the two.

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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

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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Harpic v. Domex Advertisement: Product Disparagement or Nominative Fair Use?

SpicyIP

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it. Legal Position on Comparative Advertisement.

Fair Use 105
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After Being Sued By ACE, Nitro IPTV Now Faces a New DISH Network Lawsuit

TorrentFreak

The lawsuit alleged that Nitro TV offered subscription packages consisting of thousands of “live and title-curated television channels” available twenty-four hours a day, seven days a week, throughout the United States and abroad. channels, which are only possible to offer after content is copied and stored, contrary to copyright law.

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Police Hit ‘Criminal Network’ Behind Pirate IPTV Service & Investigate Customers

TorrentFreak

With individuals and groups getting involved in the pirate IPTV market on a continuous basis, it may seem that stopping the illegal distribution of live TV channels, movies and TV shows is an impossible task doomed to failure. The case started rolling through an advertisement from the pay-TV provider.

Reporting 143
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Pirate TV Software Dev Jailed For 2.5 Years For Fraud & Copyright Offenses

TorrentFreak

According to the anti-piracy group, Millington created and built a software package that enabled illegal access to BT Sport, Sky, Netflix and other subscription television content. Software Developer Sentenced to Prison. The criminal prosecution of Millington was brought as a private action by FACT with some very big numbers attached.

Copyright 145
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The Buck Stops At Freedom Of Expression: Delhi High Court Clarifies The Situation On Disparagement In Case Of Generic Comparison 

SpicyIP

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