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

SEPTEMBER 19, 2022

The Digital Citizens Alliance ( DCA ) shared some new research that it carried out in partnership with piracy advertising expert White Bullet and cybersecurity outfit Unit 221B. How common this problem is depends on who you ask and even the estimates from various research outfits vary quite a bit. New Pirate Site Malware Research.

Advertising 105

Advertising Advertising Free Content Reporting 105

The TTABlog

OCTOBER 7, 2024

Yours truly, the TTABlogger , will give a virtual presentation entitled "Meanwhile Back at the TTAB" on October 9th at 2:45 PM at the 34th All Ohio Annual Institute on Intellectual Property (AOAIOIP) - part of a two-day virtual webinar (October 8 and 9) covering recent developments in patent, trademark, copyright and advertising law.

Intellectual Property 64

Intellectual Property Advertising Advertising Copyright 64

TorrentFreak

AUGUST 17, 2021

Most pirate sites and apps won’t survive without advertising revenue. This is why the advertising industry is seen as an important partner to combat piracy. The overall conclusion is that there’s still plenty of advertising revenue going around in pirate circles. Google, however, presents a different story.

Advertising 145

Advertising Advertising Branding Brands 145

43(B)log

AUGUST 29, 2024

Basically, dentists working as paid presenters showcased case studies of several pediatric patients who had achieved favorable results using Ortho-Tain’s orthodontic appliances. Defendant Vivos sponsored similar presentations, as well as a “parent webinar,” using the same exact case studies. But (a)(1)(B) also exists!

False Advertising 59

False Advertising Advertising Advertising Technology 59

43(B)log

AUGUST 29, 2024

Most of the claims failed on summary judgment, but part of Woodland’s claim against Fiskars for false advertising, based on Fiskars’s statements about the cutting power of its tools, and some of its statements that certain products were designed in the United States, did create factual issues for trial. But Lexmark didn’t preclude this claim.

False Advertising 59

False Advertising Advertising Advertising Designs 59

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.,

Advertising 147

Advertising Advertising Marketing Marketing 147

TorrentFreak

MAY 24, 2024

As publicly advertised, pirate site domains are nominated for placement on the IWL by rightsholder groups such as the MPA, BPI, IFPI, and the Publishers Association. Once police have carried out their own investigations, any domain subsequently added to the IWL finds itself blacklisted by most of the advertising industry.

Advertising 122

Advertising Advertising Publishing Music 122

The IPKat

SEPTEMBER 23, 2023

In a recent judgment , the District Court of the Hague (the Court) found that Fruugo, an online marketplace, was not directly liable under trade mark law for the advertisement and sale, on its platform, of products which infringed the trade marks of Audi and Volswagen.

Advertising 134

Advertising Advertising IP Law 134

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

Technology & Marketing Law Blog

JANUARY 8, 2024

This is a case involving a trademark owner and a competitive keyword advertiser. Likewise, if a customer went to the Toyota website, searched for “Honda Civic” and was presented with a list of cars clearly labeled as Toyota Corollas, that person could not think that such presented options included a Honda Civic. LoanStreet v.

Trademark 98

Trademark Advertising Advertising False Advertising 98

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

IP Watchdog

NOVEMBER 15, 2021

Technology, a company owned by Martin David Hoyle, developer of internet advertising technology who has been embroiled in litigation with big tech companies like Facebook, Twitter and Google for close to a decade now, today filed a petition for writ of mandamus with the U.S. Court of Appeals for the Federal Circuit (CAFC). and Google LLC v.

Technology 124

Technology Advertising Advertising Litigation 124

TorrentFreak

MAY 26, 2022

Thousands of pirate sites rely on advertising to generate revenue but entertainment companies are keen to highlight the downsides of dealing with them. The general message is that advertising on illegal platforms not only fuels piracy but also supplies a reputation boost due to association with legitimate companies.

Advertising 141

Advertising Advertising Branding Brands 141

SpicyIP

MARCH 8, 2023

The court, however, had a differing view and has clarified that there is no disparagement on grounds of lack of comparative advertisement and permissibility of such disclaimers under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘IT Rules, 2021’).

Advertising 104

Advertising Advertising Trademark Intellectual Property Law 104

TorrentFreak

OCTOBER 18, 2022

After obtaining permission from the court in late April, MPA investigators began serving third-party subpoenas on advertising brokers including Amobee, Exponential Interactive, Oracle Corporation, Yahoo Ad Tech, AdSupply, Aragon Advertising, Insticator, and Outbrain, plus Amazon and Google. Arm’s Length Advertising.

Advertising 143

Advertising Advertising Business Reporting 143

IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

Fair Use 98

Fair Use Advertising Advertising Branding 98

The IPKat

OCTOBER 8, 2024

Sumi Agro ( UPC_CFI_201/2024 ) that distributing an infringing product outside the Contracting Member States (CMS) and advertising a product under the same name within the CMS can create a risk of patent infringement. According to the Court, Sumi Agro should have offered a cease-and-desist declaration in such circumstances.

Advertising 64

Advertising Advertising Patent Infringement Cease and Desist 64

The IPKat

SEPTEMBER 12, 2023

The perfumes were presented in drawer containers and glass cabinets, which also contained multimedia goods and were placed next to bargain bins. 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!

Advertising 94

Advertising Advertising Branding Brands 94

TorrentFreak

SEPTEMBER 8, 2024

While advertising agencies will always claim to have a great solution, the default for most anti-piracy messaging is negativity, with few campaigns reaching the public without at least some element of fear. For example, the discounted ads tier satisfied users with a more positive attitude towards advertising.

Advertising 122

Advertising Advertising Contracts Copyright 122

TorrentFreak

NOVEMBER 15, 2023

Piracy and Illegal Gambling Start Sharing a Cell Before the advent of various international schemes that prevent gambling companies from advertising on pirate sites or contain an abstention agreement, gambling ads and pirate site were commonly seen together. “After checking them one by one, most of them were the same company.

Advertising 126

Advertising Advertising Reporting Government 126

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

TorrentFreak

JUNE 9, 2023

The most visible cost to the user is advertising, lots and lots of advertising. In basic terms, this means accessing YouTube via a different interface on a different domain which strips away the advertising, user tracking, and reliance on Google subscriptions. Premium products aside, YouTube is free to use.

Privacy 145

Privacy Cease and Desist Advertising Advertising 145

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.

Trademark 132

Trademark Advertising Advertising Marketing 132

TorrentFreak

SEPTEMBER 30, 2021

These allegations were heavily contested by Cloudflare but, for now, the court believes that the facts presented in the complaint are sufficient to move the case forward. Thothub Operators and Advertisers. The advertising company MultiMedia, also known as Chaturbate, is also listed as a defendant.

Copyright Infringement 144

Copyright Infringement Advertising Advertising Copyright 144

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

Advertising 98

Advertising Advertising Television Marketing 98

Patently-O

MARCH 11, 2024

7,072,849 and 7,076,443, relating to improvements in web-based advertising. 101 as directed to the abstract idea of “identifying advertisements based on search results.” Claims 15-17 of the ‘443 patent recite a method for providing advertisements related to search result items. Patent Nos.

Patent Application 75

Patent Application Advertising Advertising Patent 75

Technology & Marketing Law Blog

JANUARY 12, 2022

” For standing purposes, it doesn’t matter that he still advertises through AdWords. Also, many advertisers are pretty sophisticated and would interpret Google’s statements more skeptically than Singh did. Commonality. ” Typicality. per month and Home Depot spends $6.81M per month. Predominance.

Advertising 113

Advertising Advertising Settlement Blogging 113

TorrentFreak

JANUARY 3, 2024

That being said, for a subsection of fans, finding the money to gamble while watching Premier League matches on pirate sites doesn’t appear to present as many challenges as finding 175,000 dong to pay the Premier League. As outlined in red, the site reported that live matches were available on Tuesday, but without advertising.

Advertising 124

Advertising Advertising Reporting Copyright Infringement 124

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 Branding 111

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. ” But the advertiser was engaging in comparative advertising, which I think also strongly serves the public interest.

Advertising 98

Advertising Advertising False Advertising Trademark 98

TorrentFreak

MAY 24, 2022

A press conference was held in Tokyo with a representative of CODA and three attorneys present to answer questions on the case. Those present, including CODA director Takero Goto, highlighted that the three defendants committed criminal acts when they uploaded the movie edits and then profited from advertising revenue.

Editing 145

Editing Copyright Television Copyright Law 145

TorrentFreak

JANUARY 18, 2022

In order to finance their operations, millions of websites rely on advertising to generate revenue. For some readers, however, excessive or obtrusive advertising is something to be combatted, often through the use of adblocking tools.

Copyright Infringement 145

Copyright Infringement Copyright Publishing Copyright Law 145

TorrentFreak

FEBRUARY 24, 2023

Hollywood’s goal is to ensure that every domain name company, DNS provider, CDN, web hosting service, reverse proxy provider, advertising company and payment processor are bound by the same rules, so that pirates can be more easily identified. If personal information is required, rightsholders should present a court order.

Publishing 143

Publishing Advertising Advertising Music 143

JD Supra Law

SEPTEMBER 24, 2024

We have previously written an OnPoint about the law concerning ownership of social media accounts in light of the explosive growth in the use of such media for commercial advertising, product development and customer engagement. We presented on this and related topics at the Federal Bar Association and MyLawCLE webinar on September 6, 2023.

Social Media 76

Social Media Ownership Advertising Advertising 76

IP Law 360

APRIL 3, 2024

TikTok Inc.

Invention 75

Invention Advertising Advertising Copying 75

IP and Legal Filings

JUNE 10, 2024

The plaintiffs argued that the in Parle Agro’s label, “For the Bold” was prominently displayed and emphasis was given to the contested tagline in all the advertising campaigns. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court.

Trademark 98

Trademark Advertising Registering Trademarks Advertising 98