43(B)log

DECEMBER 20, 2022

From PR newswire, apparently a still from the 2001 film registered trademark For the 2001 Documentary, Monbo “organize[d] a group of highly skilled dirt-bike riders” to participate in a scripted film “that would highlight the exploits of an ostentatious group of dirt-bike riders in Baltimore called 12 O’Clock Boyz.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

The IPKat

DECEMBER 19, 2022

Background In 2001, McCain GmbH (the Intervener) successfully registered the following three-dimensional sign as an EUTM: Registration was obtained for goods in Class 29 (pre-cooked potato croquettes and products based on mashed potatoes frozen) of the Nice Classification.

Television 92

Television Advertising Advertising Design 92

SpicyIP

JUNE 12, 2023

on 9 June 2023 (Calcutta High Court) A division bench of the Calcutta High Court allowed an appeal against the District Judge order and clarified that a civil court does not have jurisdiction to determine the validity of registration granted under the Protection of Plant Varieties and Farmers’ Rights Act, 2001.

Copyright 98

Copyright Advertising Advertising Trademark 98

SpicyIP

JANUARY 14, 2024

Recently, the Delhi High Court clarified that the distinctness, uniformity and stability (DUS) testing is a must before a plant variety registration application can be advertised by the Plant Varieties and Farmers’ Rights Authority. Sungro”), which were sent for DUS testing but also advertised before the testing results came in.

Advertising 64

Advertising Advertising Registration Reporting 64

The IPKat

JANUARY 25, 2024

Background In 2010, Buongiorno Myalert SA (Buongiorno), an Italian mobile apps and services provider, launched an advertising campaign for a paid subscription to a multimedia messaging service, marketed under the name ‘Club Blinko’.

Advertising 69

Advertising Advertising Law Marketing 69

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. ” Two Pesos, Inc. Taco Cabana, Inc.,

Social Media 52

Social Media Advertising Advertising Trademark Law 52

SpicyIP

JANUARY 2, 2022

The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law. Merck Sharp and Dohme v. SMS Pharmaceuticals [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 83

Copyright Fair Use Social Media Artwork 83

The IPKat

JULY 12, 2024

slime green (now ‘brat green’) in various means of advertising throughout the promotional campaign. The colour was also used in the official album cover, creating a clear connection with the artist’s advertised work and the inauguration of the era it signalled.

Social Media 72

Social Media IP Branding Branding 72

43(B)log

JUNE 16, 2022

So he donated his 2001 Volvo to Kars4Kids. SACV 21-01593-CJC (DFMx), 2022 WL 2046102 (C.D. A Kars4Kids representative he spoke with on the phone allegedly told him that if he made a donation, the money raised would “only be used to help needy kids,” and that the organization “take[s] only a small amount for [its] costs.”

Marketing 59

Marketing Marketing Advertising Advertising 59

LexBlog IP

MARCH 15, 2024

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. ” Plaintiff alleged that it has used the mark RED GOLD on watches since 1989.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

Germany has regulated exploitation rights, as harmonised under European law in Articles 2 to 4 of the InfoSoc Directive (2001/29), in Sections 15 to 22 UrhG. The right of distribution, as set out in European law in Article 4(1) of the InfoSoc Directive (2001/29), is found in Germany in Section 17(1) UrhG.

Law 52

Law Copyright Television Copyright Infringement 52

IP and Legal Filings

SEPTEMBER 30, 2024

These apps target users with their attracting advertisements showcasing stories of individuals purportedly gaining significant wealth through gaming and somehow they also promote the games which are illegal as they are based on game of chance. Australia has also high gambling addiction.

Government 102

Government Law Marketing Marketing 102

Kluwer Copyright Blog

SEPTEMBER 1, 2021

music synchronised in an advertisement) and adaptations (e.g. 5(3)(k) of Directive 2001/29/EC “ (discussed here ); the essential characteristics of parody are the following: A parody must evoke an existing work. A composite work is therefore a derivative work, i.e. simple incorporations (e.g. The parody defence.

Derivative Work 111

Derivative Work Copyright Law Copyright Law 111

IP and Legal Filings

SEPTEMBER 12, 2024

3] [Image Sources: Shutterstock] Starbucks vs. Charbucks: This long-running dispute from 2001 to 2013 over a small New Hampshire coffee roaster’s use of “Charbucks” for dark roast coffee, arguing that Starbucks had diluted its famous trademark, places a number of issues regarding trademark dilution and parody at the very centre of this case.

Brands 98

Brands Branding Branding Trademark 98

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

Kluwer Copyright Blog

JUNE 21, 2021

3 Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society (“InfoSoc Directive”). Use of advertising content aimed at the respective public in that EU Member State. There is some controversy as to how the right of communication to the public as mentioned in Art.

Art 85

Art Law Related Rights Marketing 85

Garrigues Blog

FEBRUARY 5, 2024

Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS. regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

The IPKat

AUGUST 25, 2023

Only a few days ago, news was shared online that energy drink brand Alani Nutrition sued Rise UP and an influencer for copyright infringement and false advertising due to the allegedly unauthorised reproduction of one of its advertising campaigns. The humorous or mocking intention seems absent from Supreme's photography.

Copyright Infringement 52

Copyright Infringement False Advertising Branding Branding 52

Kluwer Copyright Blog

NOVEMBER 22, 2021

The exception provisions harmonised in Article 5 of the InfoSoc Directive (2001/29) are regulated in Germany in Sections 44a – 63 UrhG. The freedom of panorama, regulated in European law under Article 5(3)(h) in conjunction with (4) of the InfoSoc Directive (2001/29) is found in German law under Section 59 UrhG.

Related Rights 52

Related Rights Law Copyright Copying 52

LexBlog IP

APRIL 5, 2023

The 2008 amendment of the Design Rules, 2001 provides for an elaborate classification of goods and articles on which designs can be applied and registered. While the GUI in the present case is in-built, the in-built ICONS can be displayed in shops as well as in advertisements.

Registration 52

Registration Design Designs Public Domain 52

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. In 2001, an examiner rejected the Sturgis Chamber’s attempt to register STURGIS as primarily geographically descriptive.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Technology & Marketing Law Blog

MAY 11, 2022

Note: I’ve often told the story of how Epinions implemented COPPA in 2001. The bill makes numerous classifications/distinctions that are likely to trigger strict scrutiny: regulating “user generated content” more restrictively than other types of content, including professionally produced content and advertising.

Social Media 145

Social Media Privacy Law Government 145

SpicyIP

AUGUST 4, 2024

It was also submitted that the advertisement of the plaintiff including their mark ‘RUMMYCIRCLE’ was changed to show ‘VRUMMY’ by the defendants. The petitioner proved prior use by placing documents on record since 2001. The defendants misrepresented themselves to be an extension of the plaintiff.

Social Media 105

Social Media Trademark Licensing Music 105

The TTABlog

JULY 25, 2022

On cross-examination, Mr. Mortensen denied that he ever contacted the publication (except once to ask about its advertising rates). Mortensen contacted the publication and arranged to have it "updated" because it "used the wrong name." Optimal Chem. Srills LLC , 2019 USPQ2d 338409, at *16 (TTAB 2019) (citing Silvestri v. Motors Corp.,

Advertising 40

Advertising Advertising Litigation Copyright 40

SpicyIP

DECEMBER 12, 2023

Chetanbhai Shah & Ors (2001 case) and held that where a case of prima facie passing off is made out, the Court ought to grant an immediate ex-parte injunction. product, advertisement or store) before using what we have in our memory to interpret and identify that object.

Trademark 59

Trademark Branding Branding Brands 59

The IPKat

SEPTEMBER 24, 2021

Background In July 2001, an EU trade mark application was filed for the word sign ‘Vita’ for certain Class 9 goods, and later registered in September 2005. Let’s see what happened. How it begins.

Marketing 59

Marketing Marketing Ownership Advertising 59

Garrigues Blog

NOVEMBER 15, 2021

Trade names are described in Trademark Law 17/2001, of 7 December 01 ( Trademark Law ) and were also defined as a distinctive sign in the preceding law on trademarks. Furthermore, it is important to bear in mind that a trade name is not equivalent to a corporate name.

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Section 95a UrhG stipulates that technical measures employed for the protection of a copyrighted work or protected subject matter may not be circumvented without the authorisation of the rightholder, Section 95a UrhG being the transposition into German law of Article 6 of the InfoSoc Directive (2001/29).

Contracts 98

Contracts Copyright Law Cease and Desist 98

SpicyIP

JUNE 13, 2024

2001) where the Court considered the potential for initial confusion sufficient for infringement. This interpretation is crucial in today’s digital age, where consumers often make quick, preliminary judgments based on search engine results, online advertisements, or initial impressions from social media. Tandy Corp.,

Branding 56

Branding Branding Brands Marketing 56

The TTABlog

JANUARY 26, 2022

Nor did it provide any advertising figures, or an proof of "look for" advertising. 23, 58 USPQ2d 1001, 1006 (2001) (quoting Inwood Labs., The Board noted that the number of racks would not equal the number of tips sold]. There was no evidence of intentional copying and no evidence of media coverage. TrafFix Devices Inc.

Advertising 40

Advertising Advertising Copying Trademark 40

Garrigues Blog

SEPTEMBER 29, 2021

Particularly, when the Trademark Law 17/2001, of 7 December 01 does not contain any specific limitation that covers this type of “incidental ” use of third party trademarks in the context of audiovisual programs, and the case law addressing this issue is patently wanting and inconclusive. Supreme Court Judgment no.

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. Thomas in 2001. She received her J.D. Dr. Crystal Culhane focuses her practice on U.S.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

LexBlog IP

JULY 12, 2021

“Distinctive” means that a mark has acquired “secondary meaning” through advertisement or through a high number of sales to the public. 2001) (affirming on appeal that the “Ultimate” in “THE ULTIMATE BIKE RACK” is descriptive). See In Re Nett Designs, Inc , 236 F.3d 3d 1339 (Fed.

Trademark 52

Trademark Graphic Design Registration Registering Trademarks 52

LexBlog IP

JULY 5, 2022

Secondary meaning may be established when a manufacturer can show that, in the minds of the public, the primary significance of a product feature or term is to identify the source of the product rather than the product itself. [22] 159, 165 (1995) (quoting Inwood Labs., 844, 850 (1982)). [21] 21] Nora Beverages, Inc. 3d 114, 118 (2d Cir.

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

Above the Fold

JULY 5, 2022

Secondary meaning may be established when a manufacturer can show that, in the minds of the public, the primary significance of a product feature or term is to identify the source of the product rather than the product itself. [22] 159, 165 (1995) (quoting Inwood Labs., 844, 850 (1982)). [21] 21] Nora Beverages, Inc. 3d 114, 118 (2d Cir.

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. The Respondent had registered their own domain name as www.siffynet.com and www.siffynet.net in 2001 and was providing a similar service. This is because there were several factual questions in dispute.

Registration 52

Registration Trademark Cinema Business 52