LexBlog IP

JULY 10, 2023

Can I Use a Competitor’s Name in Advertising? by Founders Legal Some of the most memorable advertising campaigns in history involve the comparative use of competing trademarks. 2000 WL 33535712 (C.D. Coke vs. Pepsi; Burger King vs. McDonald’s; Bud Lite vs. Miller Lite. The list could go on and on. America Online Inc.,

Advertising 40

Advertising Advertising Brands Branding 40

IP and Legal Filings

SEPTEMBER 20, 2023

The Design Act 2000 -The Designs Act of 2000 was enacted with the intention of safeguarding non-functional parts of a product that have aesthetic appeal, such as the arrangement of shapes, patterns, decorations, or lines or colours applied to any two-, three-, or both-dimensional form. Case Studies Rajesh Masrani v.

Designs 105

Designs Design Copyright Copyright Infringement 105

TorrentFreak

APRIL 24, 2023

EaglerCraft also infringes Mojang’s Minecraft copyrights by using Minecraft character designs and artwork to advertise these services.” These generate between $1000 and $2000 per month and cover server costs and other expenses. However, that doesn’t completely stop the problem. . ” The Eaglercraft.ru

Copyright Infringement 143

Copyright Infringement Artwork Copyright Intellectual Property 143

IP and Legal Filings

FEBRUARY 2, 2023

Hosting or Advertising : Intermediaries will be required to verify with the relevant online gaming intermediary and the relevant SRB if such online game is registered and show the fact of registration on its website and/or mobile-based application before hosting or advertising such online game for a consideration.

Due Diligence 98

Due Diligence Registration Government Technology 98

JD Supra Law

JUNE 21, 2022

First released in 2000 and updated in 2013, the FTC’s.com Disclosures guidance has been relied on by advertisers hoping to “make effective disclosures in digital advertising” for the last two decades. By: Faegre Drinker Biddle & Reath LLP

Advertising 52

Advertising Advertising Technology 52

SpicyIP

NOVEMBER 23, 2021

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. The steady growth in search engine advertisement in India appears to have led to an uptick in the complaints of trademark infringement rooted in alleged misuse of keywords.

Trademark 105

Trademark Advertising Advertising Trademark Law 105

Selvam & Selvam Blog

FEBRUARY 28, 2025

crore (USD 5 million) for the extra marketing and advertising costs that Plaintiffs incurred to repair its damaged reputation. Singh, ruled in favour of the Plaintiffs awarding Rs 292.7 crore (USD 33.78 million) for lost royalties that the Plaintiffs would have earned had counterfeit goods not been sold on Amazon and Rs 43.32

Due Diligence 52

Due Diligence Intellectual Property Brands Branding 52

SpicyIP

OCTOBER 24, 2022

The mark was Advertised as a certification mark in Trade Marks Journal No: 1979 referring to Section 18(2) of the TM Act. The mark was Advertised as a certification mark in Trade Marks Journal No: 1990 referring to Section 71(1) of the TM Act. Whether Regulation and/or Statement of case filed?: Application Number: 4759360.

Journalism 81

Journalism Advertising Advertising Registration 81

CoCal IP Law Institute

OCTOBER 22, 2021

3d 489 (5th Cir 2000) (here), from the Fifth Circuit in 2000, relates to Pizza Hut’s claim the Papa John’s advertising using the phrase [.]. Our two cases are Lanham Act court of appeals cases. The first, Pizza Hut, Inc. Papa John’s Int’l.,

Advertising 45

Advertising Advertising Litigation Trademark 45

The TTABlog

OCTOBER 5, 2023

This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." Dilution by Blurring: Applicant's predecessor began using the KIST mark at least by 2000, and so Opposer had to prove that the mark SUNKIST was famous before that date.

Advertising 69

Advertising Advertising Marketing Marketing 69

SpicyIP

FEBRUARY 9, 2023

prescribes that unauthorized use of the live streaming will be punishable “ as an offence under the Indian Copyright Act, 1957, Information Technology Act, 2000, and other provisions of law, including the law of Contemp t.” The Copyright Dilemma Perhaps to counter the obvious and non-obvious ills of live-streaming judicial hearings, Rule 9.2

Copyright 136

Copyright Government Law Editing 136

IP and Legal Filings

APRIL 19, 2022

Information Technology Act,2000. The Information Technology Act of 2000 [hereinafter referred to as the “IT Act”] regulates the intermediaries or Internet Service Providers (ISPs) involved. Safe Harbour Principle ( Section 79 of IT Act,2000).

Copyright Law 97

Copyright Law Copyright Law Copyright Infringement 97

SpicyIP

MARCH 14, 2025

On the other hand, Hyderabad-based Magfast Beverages started manufacturing their drink under the name Mountain Dew in 2000. Relying on Syed Mohideen v P. Sulochana Bai (2016) on priority in adoption superseding subsequent registration w.r.t. common law rights, the Court held in favor of Magfast Beverages here.

Trademark 63

Trademark Registering Trademarks Registration Branding 63

TorrentFreak

JUNE 17, 2023

“So basically all the Sky OTT packages available, for not more than $2000,” the researcher added. Both satellite and NOW streaming platform of every country are broken and so far you haven’t changed the decryption keys, makes me wonder in what way you’re fighting piracy as you advertise,” he wrote.

Editing 144

Editing Advertising Advertising Reporting 144

IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. AI generated voice being used to fraudulently misrepresent or impersonate an individual would fall under the ambit of Section 66D and Section 66E of the IT Act, 2000.

Personality Rights 97

Personality Rights Intellectual Property Social Media Intellectual Property Law 97

The TTABlog

AUGUST 10, 2023

205, 54 USPQ2d 1065, 1069 (2000). Furthermore, its advertising showing pictures of the product did not inform consumers that the product design is a source indicator. Exhart's advertising refers to the product as "WindyWings," and the surrounding context indicates that the product’s name/mark is “WindyWings.”

Advertising 52

Advertising Advertising Registration Design 52

IP and Legal Filings

JULY 8, 2022

Royal Decree 39/2000 regulates industrial drawings and patterns. c) illicitly affixes on products, advertisements, trademarks, containers or other object indications that may lead to believe that the object is a registered industrial design.

Registration 96

Registration Designs Design Copying 96

SpicyIP

JULY 22, 2024

on 11 July 2024 (Calcutta High Court) Image from here The petitioner sought the grant of an ad interim order restricting the publication of the defendant’s advertisement that portrayed the petitioner’s products in bad light. Dabur India Ltd. The bottle resembling the petitioner’s product is called ‘sadharannahi’ or ordinary.

Registering Trademarks 97

Registering Trademarks Licensing Trademark Advertising 97

Selvam & Selvam Blog

APRIL 5, 2023

Cases pertaining to Patents, Copyrights, Trademarks, Geographical Indications, Plant Varieties, Designs, Semiconductor integrated circuit layout designs, Traditional Knowledge, and all rights under common law, if any, associated therewith; Cases relating to passing off, acts of unfair competition, disparagement, comparative advertising, etc.;

Intellectual Property 52

Intellectual Property IP Confidentiality Privacy 52

43(B)log

JANUARY 3, 2023

The Supplement Facts state that each serving of two 1000-milligram capsules contains 2000 milligrams of “Fish Oil” and 600 milligrams of “Omega-3 Fatty Acids.” Allegations: Defendants market a dietary supplement product labeled “100% Wild Alaskan 1000 mg Fish Oil” whose label asserts that it “Contains Fish: Alaskan Walleye Pollock.”

Contracts 108

Contracts Marketing Marketing Law 108

The IPKat

JULY 18, 2021

The report also urged Universal and Warner to waive unrecouped debts of legacy contracts, in line with some independent labels which already had a policy of forgiving debts after a certain period of time and since giving evidence in the inquiry Sony announced that it would pay through on existing unrecouped balances for deals made before 2000.

Music 139

Music Contracts Reporting Marketing 139

IP and Legal Filings

APRIL 8, 2023

Furthermore, the Information Technology Act of 2000 makes it a crime to copy or transfer data from another person’s device without their permission. By repealing the Consumer Protection Act 2019, the government recognized the critical need to protect consumers from misleading advertisements for products endorsed by such celebrities.

Privacy 98

Privacy Law Intellectual Property Music 98

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

The potential flow of advertisement traffic for this content makes them lucrative assets for any commercial establishment. Various OTT platforms like- Netflix, Amazon Prime, Disney+ Hotstar, Hulu and the like have altered the modern-day entertainment industry landscape by disrupting the traditional broadcasting model.

Cease and Desist 98

Cease and Desist Licensing Intellectual Property Copyright 98

Selvam & Selvam Blog

AUGUST 28, 2023

The Court’s ruling also sheds light on whether Google would be getting protected by Intermediary liability under the Information Technology Act, 2000. DRS Logistics (P) Ltd., (FAO(OS)(COMM) The following issues were analyzed by the Delhi High Court.

Trademark 52

Trademark Registering Trademarks Advertising Advertising 52

LexBlog IP

SEPTEMBER 22, 2022

Courts consider several factors when deciding whether secondary meaning has been established: “(1) the amount and manner of advertising; (2) the sales volume; (3) the length and manner of use; (4) consumer testimony; and (5) consumer surveys.” Showing your sales and advertising. ” Id. ” Id. Barbecue Marx , Inc.

Social Media 52

Social Media Advertising Advertising Trademark 52

Patently-O

FEBRUARY 10, 2022

February 2000 : Junker filed his patent application that led to the D’839 patent. Sometimes an unsolicited letter such as this may be seen as merely an advertisement. January 1999 : Eddings sent Boston Scientific a letter with pricing information for its Peelable Sheath Set. 102(b) (pre-AIA).

Business 78

Business Patent Invention Design Patent 78

LexBlog IP

APRIL 5, 2023

While the GUI in the present case is in-built, the in-built ICONS can be displayed in shops as well as in advertisements. The Patent Office further stated that: A GUI lacks ‘constant eye appeal’ as it is visible only when the computer screen is on and hence is merely a function of a computer screen (and not an IP).

Registration 52

Registration Designs Design Public Domain 52

IP and Legal Filings

OCTOBER 20, 2022

Further, the section also provides that in case a pre-packaged commodity is advertised, then such advertisements shall also declare the net quantity or number of the commodities contained in the package along with the retail price. [1]. The font size of the net quantity in the advertisement shall be same as that of retail sale price.

Advertising 97

Advertising Advertising Due Diligence Government 97

The IPKat

JULY 2, 2022

In 2000, the EU legislature adopted the landmark Ecommerce Directive , which provides – at certain conditions – for limitations of liability of certain information society service providers (ISSPs) as potentially arising out of illegal activities committed by users of their services.

Due Diligence 83

Due Diligence Advertising Advertising Law 83

LexBlog IP

AUGUST 23, 2023

In support of this position, Palacio del Rio submitted evidence of architectural and industry specific publications from the 1960s, current customer affidavits about the uniqueness and fame of the building’s design, and advertising expenditures. 205 (2000). The TTAB was unmoved. In re Seminole Tribe of Florida , 2023 U.S.P.Q.2d

Designs 52

Designs Design Advertising Advertising 52

The IPKat

NOVEMBER 27, 2023

The average consumer of this type of product is accustomed to this type of position trade marks and, in principle, can be guided by them when purchasing the product ( R 938/2000 , R 813/2002-1 ). The public has become accustomed to identifying a particular brand of running shoe or sports shirt based solely on a distinctive sign.

Television 75

Television Branding Brands Branding 75

IP and Legal Filings

DECEMBER 21, 2022

Other issues include defamation and advertising law [1]. The regulations surrounding social media in India are regulated by the country’s information technology act, which was enacted in 2000. Due to the nature of social media, various legal issues have been raised regarding its privacy and protection.

Social Media 98

Social Media Law Government Privacy 98

Copyright Lately

DECEMBER 28, 2022

The company has brought over 300 cases since 2017, often using copyrighted product images as a technical hook to shut down undesired resellers who advertise its products at below retail prices. Upon seeing Cattelan’s success, Morford proclaimed to his handful of Facebook followers: “I did this in 2000. Plagiarism much?”

Copyright 91

Copyright Art Licensing Social Media 91

IP and Legal Filings

APRIL 8, 2022

” The court concluded that there could be no purchase without agreeing to the terms and conditions of the Contract while purchasing the advertisement “Adwords” programme, despite Plaintiff’s claim that he did not enter into any form of contract with the defendant. Netscape Communications Corporation, 306 F.3d

Contracts 52

Contracts Law Business Technology 52

IP and Legal Filings

APRIL 8, 2022

” The court concluded that there could be no purchase without agreeing to the terms and conditions of the Contract while purchasing the advertisement “Adwords” programme, despite Plaintiff’s claim that he did not enter into any form of contract with the defendant. Netscape Communications Corporation, 306 F.3d

Contracts 52

Contracts Law Business Technology 52

The TTABlog

DECEMBER 21, 2021

Nor did respondent have advertising material or seek FDA approval. He conducted clinical trials in 2000 and manufacturing began in 2002-2003. Respondent's evidence and testimony showed that its principal had worked in the birth control industry since 1989, designing a "relaxed-fit" condom.

Registration 53

Registration Contracts Advertising Advertising 53

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

In addition to being a world-renowned rose and receiving numerous awards, the INGRID BERGMAN rose was apparently inducted into the World Federation of Rose Societies’ Rose Hall of Fame in 2000. Allegedly, Gardens Alive through Weeks Roses is producing, advertising, selling, and distributing roses under Poulsen’s INGRID BERGMAN mark.

Trademark 40

Trademark Branding Brands Branding 40