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

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

43(B)log

AUGUST 26, 2024

Restaurants who partner with Grubhub pay it a percentage for “an additional way of generating orders, internet advertising, and a delivery infrastructure.” Plaintiffs alleged that, since its founding (2004), Grubhub only included restaurants on its platform who agreed to appear.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

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

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. While keyword advertising uses trademarked words to divert customers, cybersquatting involves acquiring domain names to benefit from trademarks. Case Study: Satyam Infoway Ltd.

Trademark 98

Trademark Social Media Advertising Advertising 98

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

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

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 98

Branding Branding Brands Trademark 98

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

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 Branding Branding 105

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

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

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 Branding 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

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 92

Copyright IP Social Media Copyright Infringement 92

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 132

Registration Fair Use Copyright Designs 132

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 122

Copyright IP Music Ownership 122

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 91

Ownership Artistic Work Contracts Copyright 91

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

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

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

IP and Legal Filings

MAY 3, 2023

Both engaged in fierce competition for Yellow Pages advertising. 5] Appeal (civil) 6472 of 2004. [6] 6] [2004] 1 SCR 339. [7] The 11 separate telephone service areas serviced by Feist’s directories span a large geographic area. As Feist was not a phone company, it had no independent access to any subscriber data. 4] 499 U.S.

Copyright 98

Copyright Public Domain Copying Publishing 98

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

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

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

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 Design 40

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 40

Trademark False Advertising Patent Registration 40

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

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 83

Art Registration Marketing Marketing 83

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

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

The IP Law Blog

MAY 20, 2021

It has marketed its software under the name “SmartSync” since 2004 and obtained a trademark for SmartSync in 2007. Ironhawk develops computer software that uses compression technology to allow for the efficient transfer of data, especially in “bandwidth-challenged environments.”

Trademark 98

Trademark Marketing Marketing Business 98

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 40

Government Advertising Advertising Social Media 40

Copyright Lately

OCTOBER 25, 2021

” In 2004, video game publisher Capcom contacted MKR, the film’s producer, to inquire about about obtaining a license to use elements from the film in one of its games. affirmed the district court’s grant of summary judgment for the advertisers. Dawn of the Dead. McDonald’s Corp.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

IP and Legal Filings

NOVEMBER 10, 2024

The license has very high standards, which include measures of player protection, advertising restrictions, and anti-money laundering protocols. Chamarbaugwala 1957 AIR 699 [9] Hessian Administrative Court of Appeal revises its decision of February 2004: A setback for the liberalisation of the German gambling market? –

Reporting 52

Reporting Licensing Law Government 52

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

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