Can an advertiser be liable for infringement of intellectual property rights?

Yes, an advertiser can be liable for infringement of intellectual property rights. This is because an advertiser typically uses protected content when promoting a product or service. This use of protected content is likely to cause confusion among consumers and may deceive them into believing that the advertiser is affiliated with the owner of the protected content when they are not. In California, trademark infringement is defined as "the unauthorized use of a trademark in the course of trade that is likely to cause confusion, deception or mistake among consumers". This means that if an advertiser uses a trademark without permission, they can be held liable for this infringement. Additionally, an advertiser may be liable for copyright infringement if they use protected content without obtaining permission from the owner of the copyright. Advertisers must be careful to avoid the use of protected content in their advertisements and commercials. If an advertiser does use any protected content, they should make sure to obtain the proper permission from the appropriate owner in order to legally use the content. If an advertiser fails to do this, they may be held liable for infringement of intellectual property rights.

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