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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. The court referred to previous cases such as Pepsi Co. Hindustan Coca-Cola and Dabur India v.

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Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

In the first case, the Austrian Supreme Court has referred the following questions to the CJEU (freely translated and shortened from the German original): 1. In the second case, the referred questions (freely translated and shortened from the German original) are the following: 1. Is "communication to the public" in Art.

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Advertising on Pirate Sites Outlawed in Ukraine Under New Law

TorrentFreak

Reforming media legislation is just part of Ukraine’s path to EU membership and during the summer, President Volodymyr Zelenskyy signed new legislation to update Ukraine’s advertising environment to standards required by the EU. Law of Ukraine No. From: TF , for the latest news on copyright battles, piracy and more.

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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.

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[Guest post] EUIPO Second Board of Appeal refers case to Grand Board of Appeal following earlier refusal to register a photograph of a man’s head/face as an EU trade mark

The IPKat

With this context in mind, it is no wonder that the EUIPO Second Board of Appeal, in Case R 50/2024-2 , concerning the earlier refusal to register the portrait of a Dutch entertainer as an EU trade mark (EUTM), decided to stay the proceedings and refer the matter to the Grand Board.

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DHC Passed Over-broad Order in Louis Vuitton Advertisement Material Copyright Dispute

SpicyIP

With this Louis Vuitton seems to have struck a jackpot as it managed to restrain Haute24 from selling its products in a copyright dispute over its advertisement material. Due Protection to Advertisement Material The Court has rightly acknowledged the artistic merit of commissioned photos for promotional purposes. www.haute24.com

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Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising–1-800 Contacts v. Warby Parker

Technology & Marketing Law Blog

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.