Category: Advertising & Marketing

Subscribe to Advertising & Marketing RSS Feed

The Rise of Class Actions in Influencer Marketing: What Brands Need to Know To Protect Themselves 

Authors: Allison Fitzpatrick, Paavana Kumar, Jordan Thompson and Amy Marcus.  Class actions targeting prominent brands using influencers to advertise their products on social media are on the rise, accusing brands and their influencers of failing to properly disclose paid endorsements.  A series of recent cases targeting brands and their influencers rely on a similar set … Continue Reading

Major setback for Tiktok’s trademark rights in India

By Gaurav Bhalla of Ahlawat & Associates The Bombay High Court recently affirmed the order of the Registrar of Trade Marks whereby TikTok’s application for declaration of its mark as well-known in India was disallowed. Interestingly, this decision (by the Bombay High Court) was not on merits but rather had a heavy influence of sovereignty … Continue Reading

Different Kinds Of Cool That Still Just Don’t Register: Why Birkenstocks & Melted Rink Ice (AKA Water) Aren’t Copyrightable

By James P. Flynn, Epstein Becker Green In 2015, the Wall Street Journal observed why Birkenstock sandals might be considered cool: “It’s a taboo thing,” said New York-based stylist Brian Coats, who dresses Jimmy Fallon. “The fact that Birkenstocks are so uncool makes them cool.” The unstylish stereotype tied to Birkenstocks, said Mr. Coats, has … Continue Reading

Greek Monuments in Advertising

By Elena Nikolarea, Associate at A. & K. METAXOPOULOS AND PARTNERS LAW FIRM  It has become quite common for advertisers of different kinds of products or services, both in Greece and abroad, to intend to use photos and/or videos of Greek archaeological monuments (such as the Acropolis etc.) for their promotional campaigns.  In this regard, … Continue Reading

Infringement of Trademark by Metatag and Keywords 

By Abhijeet Das, Partner, Pragya Jain, Associate and Ashish Kumar, Associate, LexCounsel Law Offices  Introduction  Post-pandemic, there has been a significant rise in digital marketing worldwide. Companies are utilising platforms (“Platforms”) like Google Ads and various social media networks to connect with prospective customers. To showcase their products or services on these Platforms, businesses often … Continue Reading

Greek influencers caught on regulator’s radar

The Greek Ministry of Development and Investments, which is the government authority monitoring the advertising activities and enforcing consumer protection laws, participated in the pan-European initiative for screening influencers carrying out advertising activity on social media platforms (“EU sweep on influencers”). The goals of the sweep have been on the one hand to identify influencers … Continue Reading

New Guidance on the Subject of Comparative Advertising and Dilution of Goodwill

In 2023, the Federal Court of Canada released its decision in Energizer Brands, LLC and Energizer Canada Inc. v. Gillette Company (2023 FC 804). The decision clarifies some of the laws applicable to comparative advertising in this country and should guide the conduct of parties that engage in this form of commercial activity. Energizer sued … Continue Reading

Usage of ad words by a competitor does not amount to trademark infringement

Google AdWords have long been used by businesses to ensure that their business listings feature on top of the Google search results when the users search for particular terms (which have been bought by a business from Google). While this process may sound perfectly fine when the ad words pertain to one’s trademarks or generic … Continue Reading

FTC Staff Report Brings Dark Patterns to Light

Trick or treat? The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting obstacles in place to discourage consumers from exercising certain rights. These so-called “dark patterns” are a continued focus of … Continue Reading

SEC Penalizes Kim Kardashian Over $1 Million for Paid Crypto Post

The Securities and Exchange Commission (SEC) settled with Kim Kardashian over allegations she violated Section 17(b) of the Securities Act (the “Act”) by publishing an Instagram post promoting the crypto-currency, EthereumMax token (EMAX), to her 250 million followers, without adequate disclosures. Kardashian received approximately $250,000 for this post.… Continue Reading

How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers

A new collective bargaining agreement governing the use of SAG-AFTRA (the Union) performers in commercials has been reached between the Union and the Joint Policy Committee (JPC). The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of … Continue Reading
LexBlog