SpicyIP

AUGUST 8, 2023

The plaintiff’s case was a standard trademark infringement and passing off plea, founded upon its extensive advertisements, market share, goodwill and reputation and the defendant using a similar website and the word ‘MODERN’ in its marks.

Trademark 98

Trademark Registration Advertising Advertising 98

Kashishipr

NOVEMBER 3, 2021

Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications. One advertisement of ESCALATOR, for example, began as “Otis elevators, Otis escalators.” A catchy advertisement slogan may be risky for the trademark.

Trademark 105

Trademark Branding Branding Brands 105

TorrentFreak

NOVEMBER 28, 2021

The site was launched in 2003 under the wings of the now-disbanded pro-culture organization “Piratbyrån”, which is Swedish for Bureau of Piracy. Site-blocking efforts make the site harder to reach in many countries, and advertising blocklists make it more difficult for the current operators to monetize it.

Music 145

Music Copyright Technology Advertising 145

IP and Legal Filings

JANUARY 26, 2023

So if a proprietor engages in a heavy advertisement campaign denoting the colour saying, “look for the one with the [blue] wrapper” [32] , the colour can acquire distinctiveness over time. 2003) 27 PTC 478 at para 63. See also: Libertel Group BV and Benelux-Merkenbureau [2003] E.T.M.R. 2003) 27 PTC 478. [19]

Registration 98

Registration Trademark Trademark Law Law 98

43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” Safelite counterclaimed for trade secret theft not related to advertising.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

SpicyIP

MARCH 14, 2025

Applying Section 34 on Prior Use Decided on a similar factual matrix in Syed Ghaziuddin v PepsiCo (2019), a Hyderabad court noted that while PepsiCo secured trademark registration for manufacturing soft drinks back in 1985, it did not initiate such activity until 2003. Relying on Syed Mohideen v P.

Trademark 64

Trademark Registering Trademarks Registration Branding 64

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. seriously, are you still posting THERE???)

Law 111

Law Social Media Advertising Advertising 111

Michael Geist

APRIL 5, 2022

The dominance of Google and Facebook in the digital ad market raises particular concerns, but that is a competition issue, not a news one and requiring the companies to pay for news based primarily on having developed a more successful digital advertising platform is not a supportable policy. A sampling would include: AllNovaScotia.

Government 111

Government Advertising Advertising Journalism 111

43(B)log

FEBRUARY 7, 2022

But to reach back to 2003, they pointed to Connecticut law stating that if a defendant “fraudulently conceals from [the plaintiff] the existence of [a] cause of. Nestlé then argued that, because this controversy has been in the news since 2003, the plaintiffs have been on “inquiry notice” of their claims for years.

False Advertising 59

False Advertising Advertising Advertising Law 59

IP and Legal Filings

JULY 24, 2023

Founded in 2003 by photographer, programmer and entrepreneur Jon Oringer, the American company had been a pioneer in its field which is now a leading platform, headquartered in New York and spanning across 150 countries [1] , that serves as a two-sided content marketplace to bridge the gap between content creators and end-users.

Licensing 98

Licensing Advertising Advertising Copying 98

43(B)log

AUGUST 26, 2021

2021) Larry Klayman founded and ran the conservative activist group Judicial Watch, but the relationship ended badly in 2003. Meanwhile, in September 2003, Judicial Watch began preparing its October newsletter, which was mailed to donors along with a cover letter signed by Klayman as Judicial Watch’s ‘Chairman and General Counsel.’

False Advertising 45

False Advertising Advertising Advertising Editing 45

Technology & Marketing Law Blog

JUNE 4, 2024

AOL from 2003, a case I still include in my Internet Law casebook. If YouTube goes out of its way to expressly ban animal abuse in its TOS, shouldn’t it be liable for not enforcing that self-adopted ban? Same thing with the Lori Drew prosecution from 2009).

Contracts 98

Contracts Design Designs Publishing 98

IP and Legal Filings

FEBRUARY 24, 2025

In 2003, the firm’s trademark in Germany was protected due to its distinctive design. Therefore, most tangible marks depend upon secondary meaning and, thus, there is a huge requirement for significant evidence, for example, consumer surveys, advertisements, and other market data. are two examples.

Trademark Law 52

Trademark Law Trademark Law Branding 52

IP and Legal Filings

JUNE 12, 2023

sought an interim injunction against Hindustan Coco-Cola for infringement of their copyright on ‘Yeh Dil Maange More’ which was used by Hindustan Coco-Cola as ‘Kyo Dil Maange No More’ in their advertisement. 2003 (27) PTC 457 (Bom) (DB). Hindustan Coca Cola Ltd, wherein the Pepsi Co. s commercial. References Civic Chandran v/s C.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

The TTABlog

DECEMBER 21, 2021

Nor did respondent have advertising material or seek FDA approval. Nor did respondent have advertising material or seek FDA approval. Moreover, in the two-year period 2003-2005, respondent's principal cause 27 intent-to-use applications for various marks for condoms, despite admittedly not knowing the legal meaning of "intent to use."

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Registration Contracts Advertising Advertising 53

Technology & Marketing Law Blog

MARCH 14, 2024

Cohen from 2003, which held that under California law, an internet domain name was a form of intangible property that could serve as basis for the registrant’s conversion claim. 3d 296 (2003). In the Ninth Circuit, the most important case to open the door to a broader category of conversion claims was Kremen v. 90, italics added.)

Blogging 98

Blogging Contracts Law Advertising 98

SpicyIP

JULY 4, 2024

The invention, belonging to the field of computer science, provides a method for creating and delivering interactive digital content for online advertising campaigns. Despite the withdrawal of the appellant’s patent application, it was wrongfully published.

Art 105

Art Publishing Patent Application Invention 105

LexBlog IP

DECEMBER 21, 2022

Say your company wants to run a new advertising campaign that includes a QR code for people to scan for additional information about your products or services. You launch your advertising campaign hoping for an increase in business – but the next thing you know, you are being sued for patent infringement in federal court.

Patent 52

Patent Advertising Advertising Intellectual Property Law 52

IP and Legal Filings

FEBRUARY 26, 2024

Today, the prevalence of such activities can be seen in online rummy advertisements on social media and the 2013 IPL match-fixing scandal. Advertisements for these games are allowed as long as they are not indecent or immoral. State of A.P , 2003 Cri LJ 143. Black, Black’s Law Dictionary (6th ed. 9] AIR 1957 SC 699. [10]

Law 97

Law Licensing Government Advertising 97

Patently-O

FEBRUARY 10, 2022

Sometimes an unsolicited letter such as this may be seen as merely an advertisement. In 2003, Junker filed a reissue application seeking to claim that benefit. It included specific pricing (excerpt above), including quantity discounts, and information on shipping (bulk; non-sterile; FOB Athens, TX) and payment (due in 30 days).

Business 78

Business Patent Invention Design Patent 78

Indiana Intellectual Property Law

AUGUST 18, 2021

Because several of the getGo® Marks have been in use continuously since at least 2003, and Plaintiffs apparently complied with all further requirements, they are incontestable under 15 U.S.C. Further, Giant Eagle claims it has spent millions of dollars to advertise and promote its services using the getGo® Marks.

Trademark 52

Trademark Registration Service Mark Advertising 52

IP and Legal Filings

DECEMBER 17, 2024

2003), acknowledged that a combination of colours and function as a great mark if it develops distinctiveness through consistent use over time. [3] The Registrar of Trade Marks (2017) , the Delhi High Court held Red Bull trademark for its distinctiveness as used blue-and-silver colour combination. [2]

Trademark 52

Trademark Branding Branding Brands 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

Citing a 2003 Ninth Circuit case, Kremen v. Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price. It didn’t. ” This abstract statement requires more clarification. Implications.

Licensing 105

Licensing Copyright Contracts Advertising 105

The IPKat

JULY 2, 2022

Nonetheless, it excluded the applicability of the corresponding safe harbour regime under Legislative Decree 70/2003 (the Italian transposition of the Ecommerce Directive) in general terms , finding that the relevant conditions thereof would not be satisfied by search engines.

Due Diligence 83

Due Diligence Advertising Advertising Law 83

TorrentFreak

JULY 2, 2023

NIT eventually came up with the ‘ GMTA System ‘ that, among other things, was able to replace traditional advertising posters with digital versions displayed on a plasma screen. By 2003, “GaryOPA” was a household name on various hacking-related gaming forums.

Business 145

Business Government Technology Advertising 145

43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” So too with plaintiffs’ 2003 Documentary. This gave them a different “total concept and feel.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

JUNE 16, 2022

Although members of the public are able to enter for chances to win prizes without paying money, Omaze advertises increased opportunities to win in exchange for larger donations.” Plaintiffs understandably also alleged that this was just an illegal lottery, and it sure has a lottery stench. Then, in Illinois, ex rel. Telemarketing Assocs.,

False Advertising 59

False Advertising Advertising Advertising Design 59

Intepat

DECEMBER 6, 2022

The Appellant had been using the mark since 1981 and had gained popularity due to resources employed in advertisements and promotional activities. The Plaintiff’s claimed that they adopted and coined the trademark “Forzest” in 2003. were important determinants to hold that the mark was well-known and had acquired secondary meaning.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

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. with distinction from the United States Naval Academy in 2003. She received her J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

LexBlog IP

FEBRUARY 28, 2022

precisely replicat[ing] a copyrighted advertising logo to make a comment about consumerism’ (such as Warhol’s well-known depictions of Campbell’s soup cans), which ‘might. 17] Accordingly, when the Warhol Foundation petitioned the Second Circuit for rehearing following the Google decision, the Second Circuit agreed to reconsider the case.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Intepat

JUNE 7, 2024

For colour combinations, examination of distinctiveness should be based on the assumption that the colour combination appears on the goods or their packaging, in a way that accords with the representation, or in advertisements or promotional material for the services. In Colgate Palmolive Company And Anr. vs Anchor Health And Beauty Care Pvt.

Trademark 52

Trademark Branding Branding Brands 52

The TTABlog

AUGUST 17, 2022

Second, the screenshots are merely an advertisement of a third party cigar manufacturer touting the attributes of its product. In re Spirits Int’l N.V. , 3d 1347, 90 U.S.P.Q.2d 2d 1489, 1490-95 (Fed. 2009); In re California Innovations , 329 F.3d 3d 1334, 66 U.S.P.Q.2d 2d 1853, 1858 (Fed. consumers have viewed this website.

Advertising 40

Advertising Advertising Branding Branding 40

IP and Legal Filings

SEPTEMBER 20, 2024

However, Section 25(2) of the Patents Act, 1907 provides for post-grant opposition against patents [21] and Section 21 of the Trade Marks Act, 1999 , for opposition against trademarks after their advertisement [22] , thereby keeping a check on wrongful grants. 185: Review of the Indian Evidence Act, 1872 (2003).

Law 52

Law Trademark IP Patent 52

Copyright Lately

MAY 1, 2023

No wonder I’m getting flashbacks to 2003. As I explained in my discussion of the Rick Astley lawsuit , right of publicity and trademark law provided viable claims to Bette Midler and Tom Waits when imitations of their voices were used in advertising. Soundalikes: No Actual Sounds, No Actual Infringement?

Music 90

Music Copyright Copying Copyright Law 90

Copyright Lately

OCTOBER 10, 2021

An advertisement for Abby Sage Richardson’s dramatization of “The Prince and the Pauper,” produced by Daniel Frohman. House” (2003); Paul Fatout, Mark Twain: Litigant , 31 American Literature 30 (March 1959); House v. What Contract? Copyright Soc’y U.S.A. 623 (2007-2008) ; James L. Clemens , 24 Abb.

Art 99

Art Contracts Social Media Litigation 99

Shades of Gray

NOVEMBER 2, 2016

10] It concluded that a case under the Lanham Act is “exceptional” if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had no defense yet persisted in the trademark infringement or false advertising for which it was being sued, in order to impose costs on its opponent. [11].

Trademark 52

Trademark False Advertising Litigation Copyright 52

LexBlog IP

OCTOBER 25, 2022

In reviewing prior petitions, the Examiner has looked to whether the petitioner meets the “reasonable predicate” standard set forth in In re Pacer Tech., 67 USPQ2d 1629 (Fed. This might include evidence of a fake or digitally altered specimen, evidence of lack of presence of the registrant in the U.S., § 2.91(d)(2)

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Registration Trademark Reporting Publishing 52