Kluwer Copyright Blog

JUNE 14, 2023

107-108 of the Legislative Decree 42/2004 , Cultural Heritage Code “Codice dei Beni Culturali” (the public law on the regulation of cultural heritage) and, by analogy, art. They merge and overlap pecuniary and non-pecuniary interests, such as public law (Legislative Decree 42/2004) and private law (Civil Code).

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

IP and Legal Filings

SEPTEMBER 12, 2024

Its reputation across the globe and exposure of Indian consumers through advertisements in foreign magazines were taken note of by the court. 28, 2004) [5] Bata India Limited vs Chawla Boot House & Anr on 16 April, 2019 [6] N.R. Apple Inc. v Samsung Electronics Co., 3d 983 (2015). Adidas-America, Inc. Payless Shoesource, Inc.

Branding 97

Branding Brands Branding Trademark 97

The IP Law Blog

DECEMBER 29, 2022

Google’s business model focuses on advertising revenue instead of charging users to utilize its search engine. The other search results generated by Google that are not associated with the paid advertisements are referred to as “organic” or “free” search results. The Ninth Circuit, after reviewing the entire record, disagreed.

Advertising 104

Advertising Advertising Marketing Marketing 104

43(B)log

JULY 1, 2022

Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Omissions and inactions of this sort do not constitute either ordinary advertising or “a systematic communicative endeavor to persuade possible customers to buy the seller’s product.” The court cited Mktg.

Advertising 59

Advertising Advertising False Advertising Public Use 59

Indiana Intellectual Property Law

AUGUST 6, 2021

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. Energy also claims it has used a distinctive trade dress on its Full Throttle® products since 2004. Registration Nos.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

Selvam & Selvam Blog

AUGUST 28, 2023

In simple terms, keywords (which are the registered trademark of another person) were being used as a way to attract traffic and customers, which is nothing but advertising and therefore, is infringement. Whether Google can claim immunity as an Intermediary?

Trademark 52

Trademark Registering Trademarks Advertising Advertising 52

43(B)log

JUNE 19, 2023

& Arts 187 (2004), and the Seventh Circuit in practice, are all about using common sense rather than doctrine to limit the scope of trademark rights. At most, the Complaint alleges that GGT used Xfinity’s mark to advertise its willingness to purchase carrier-locked iPhones registered on Xfinity’s network.

Fair Use 81

Fair Use Trademark Advertising Advertising 81

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

The TTABlog

MARCH 20, 2023

Discovery Sanctions: The Board made certain adverse inferences against Respondent ERB for failure to comply with a Board order compelling interrogatory answers, including inferences that Respondent ERB did not conduct any look-for advertising and did not conduct any survey to show acquired distinctiveness.

Registration 68

Registration Advertising Advertising Design 68

Indiana Intellectual Property Law

MARCH 14, 2023

Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. Vandor was established in 1972 by Bruce Elder in Richmond, Indiana. Vandor began by specializing in custom die-cutting of chipboard and corrugated fiberboard components. Hillenbrand.

Patent Infringement 40

Patent Infringement Social Media Patent Designs 40

TorrentFreak

OCTOBER 25, 2021

Through YouTube, the music industry generated billions of dollars in advertising revenue. FDM is a multi-purpose download tool that has been around since 2004. The service opens the door to a wealth of information and entertainment, including the latest and greatest music which can be streamed for free.

Cease and Desist 142

Cease and Desist Music Blogging Advertising 142

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. Sullivan v.

Social Media 52

Social Media Advertising Advertising Trademark Law 52

Selvam & Selvam Blog

APRIL 27, 2022

A trademark application filed post-April 12, 2004, is granted registration for 10 years from the date of application and can be renewed every 10 years. Upon successful renewal or restoration, as the case may be, the Pakistan IPO would issue a notice communicating such recordal and advertise the same in its Trade Marks Journal.

Trademark 40

Trademark Journalism Advertising Advertising 40

IP and Legal Filings

NOVEMBER 23, 2023

ii] 2003 VIIAD Delhi 405, 2003 (26) PTC 245 Del, 2004 (1) RAJ 10 [iii] The Trademarks Act, 1999. [iv] Case Study 2- Cristiano Ronaldo (6) In mid-June of 2015, Cristiano Ronaldo sells his image rights to Peter Lim, who is the owner of Mint Media Company and opposing La Liga club Valencia. iv] The Copyrights Act, 1957. [v]

Intellectual Property 105

Intellectual Property Privacy Brands Branding 105

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The Bill repealed the previous Copyright Act of 2004 and ratified outstanding copyright treaties including the Marrakesh Treaty. Katpost on that here.

Copyright 91

Copyright IP Social Media Copyright Infringement 91

LexBlog IP

DECEMBER 29, 2022

Google’s business model focuses on advertising revenue instead of charging users to utilize its search engine. The other search results generated by Google that are not associated with the paid advertisements are referred to as “organic” or “free” search results.

Advertising 52

Advertising Advertising Marketing Marketing 52

Indiana Intellectual Property Law

DECEMBER 23, 2022

September 14, 2004. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). Registration No. Registration Date. OPTISELECT. May 16, 2017. April 29, 2008. April 9, 2019. January 6, 2015.

Trademark 52

Trademark False Advertising Patent Registration 52

43(B)log

AUGUST 30, 2024

Nonprofit allegations: In 2004, GCE—which became a publicly traded company—purchased what is now GCU and began operating it as a for-profit institution. He made a similar statement in 2019 during a GCE earnings call attributing unexpectedly good new student online growth to the non-profit advertising. Defendants mostly complied. “If,

Advertising 52

Advertising Advertising Business Marketing 52

43(B)log

SEPTEMBER 8, 2021

Mixpac’s advertising materials assert that “[i]n order to simplify handling MIXPAC is using color-coded mixers and outlet caps. 2004), or the colors of pills in Inwood v. The color of the outlet cap used for a certain dental product identifies the mixer best suited for th[e] product.” Frosty Bites Distribution, LLC, 369 F.3d

Advertising 75

Advertising Advertising Marketing Marketing 75

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Since 2004, she worked as a high school teacher at a homeschool co-op in Michigan. In general, advertisements provide consumers with information regarding products or services for sale in commerce.

Government 52

Government Advertising Advertising Social Media 52

IP and Legal Filings

FEBRUARY 16, 2023

As a result of this, the consumer start recognising the product due to its strong reputation and constant quality which helps the producer itself, this helps to determine the origin of goods or services provided by a producer or the service provider and functions as an advertising tool. TRA/159/2004/TM/DEL] [iii] K.R Co Pvt Ltd.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

The IPKat

SEPTEMBER 24, 2021

The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria.

Ownership 90

Ownership Artistic Work Contracts Copyright 90

43(B)log

MARCH 1, 2022

The tweets don’t reproduce enough of the work to substitute for it, and, “[i]f anything, the properly attributed quotation of a short passage from Winning Isn’t Normal might bolster interest in the book; it is free advertising.” Not for nothing, the Second Circuit has wisely rejected assessing factor three by counting registrations.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

LexBlog IP

JUNE 13, 2023

42 of 22 January 2004, hereinafter “Cultural Heritage Code”), which under Article 106 et seq.

Art 52

Art Personality Rights Advertising Advertising 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

in biochemistry and history from the University of Minnesota-Twin Cities in 2004. 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.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

IP and Legal Filings

JANUARY 24, 2023

Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. [Image Sources : Shutterstock] Copyrightability In Indian Context Copyright is a legal term used to describe the rights that creators have over their literary and artistic works.

Copyright 98

Copyright Ownership Artistic Work Intellectual Property 98

The IPKat

DECEMBER 13, 2022

In August , Nigeria’s National Assembly passed the Bill for an Act to Repeal the Copyright Act, Cap C28 LFN, 2004 and enact a New Copyright Act 2022. He further alleged inter alia that the bank later reneged on its promise and yet, used the composition to advertise its “wings to fly” programme without his authorization and consent.

Copyright 118

Copyright IP Music Ownership 118

The IPKat

APRIL 1, 2024

MHCS submitted a vast amount of information on sales figures, market share, the duration of use (dating back to the 19th century) and advertising material. Lidl argued inter alia that the evidence for Portugal and Greece was insufficient. 209(4)(a) EUTMR ).

Art 80

Art Registration Marketing Marketing 80

Trading Secrets

MAY 31, 2023

341 NLRB 501 (2004); Clinton Corn Processing Co. , 2] See, e.g., Kenai Helicopters , 235 NLRB 931 (1978); Associated Advertising Specialists, Inc. , 1] See, e.g., National Express Corp., d/b/a ATC/Forsythe & Assocs., 194 NLRB 184 (1971). [2] 232 NLRB 50 (1977). [3] 3] Charles Schwab Corp., 28-CA-084931 (Sept. 14, 2012) (Adv.

Business 59

Business Confidentiality Law Ownership 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.

Registration 127

Registration Fair Use Copyright Designs 127

Intepat

APRIL 19, 2023

The revised guidelines of 2004 provided that inventions which involved a novel hardware component or those that produced a technical effect were patentable. 2012) the petitioner challenged the Indian Patent Office’s rejection of its patent application for an online advertising invention, which utilized machine learning techniques.

Invention 52

Invention Intellectual Property Patent Copyright 52

IP and Legal Filings

NOVEMBER 27, 2022

With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up. With the fast-growing media and entertainment sector, the era of digital advertisement for the products branding and selling have also stepped up.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

NOVEMBER 23, 2022

The Plaintiff (Frankfinn Aviation Service Private Limited) – a prominent Indian training institute engaged in imparting training services in the hospitality, aviation, and travel management sectors, among others – had filed the instant suit inter-alia claiming infringement and passing-off of its trademark FLY HIGH, due to use of the deceptively (..)

Trademark 52

Trademark Registration Advertising Advertising 52

LexBlog IP

MAY 31, 2023

341 NLRB 501 (2004); Clinton Corn Processing Co. , 2] See, e.g., Kenai Helicopters , 235 NLRB 931 (1978); Associated Advertising Specialists, Inc. , 1] See, e.g., National Express Corp., d/b/a ATC/Forsythe & Assocs., 194 NLRB 184 (1971). [2] 232 NLRB 50 (1977). [3] 3] Charles Schwab Corp., 28-CA-084931 (Sept. 14, 2012) (Adv.

Business 52

Business Confidentiality Law Ownership 52

IP and Legal Filings

AUGUST 14, 2023

Online marketplaces, such as online auction houses, or websites that advertise their unlawful nature are used to trade or profit from tangible counterfeit or pirated items in every category. A would not be economically capable of paying the fine or compensation for infringement.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Kluwer Copyright Blog

JUNE 17, 2021

as a reporting judge), a case involving Melons’ infringement of CV-Online Latvia’s database of job advertisements arguably protected by the sui generis right. The CJEU says that Melons does give “users access, on its own website, to job advertisements contained in [CV-Online Latvia’s] database […].”

Database Right 52

Database Right Law Copyright Law Advertising 52