IP and Legal Filings

SEPTEMBER 12, 2024

The judgment made budget retailers realize the price they must pay for imitating established brands and stressed the virtue of originality in design, even within the lower end of the market. [3] Its reputation across the globe and exposure of Indian consumers through advertisements in foreign magazines were taken note of by the court.

Branding 98

Branding Brands Branding Trademark 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

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

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

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Effect on the market: Harm was implausible. The fact that he extracted settlements from alleged infringers does not a real market make. NXIVM Corp. 3d 471 (2d Cir.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

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

43(B)log

SEPTEMBER 8, 2021

market for mixing tips used by dentists to create impressions of teeth for dental procedures, such as crowns. He agreed with Mixpac’s Director of Market Segment Healthcare that all mixing tips of a given color had the same diameter, and Mixpac’s catalog uses color to identify the diameter. 2004), or the colors of pills in Inwood v.

Advertising 75

Advertising Advertising Marketing Marketing 75

IP and Legal Filings

NOVEMBER 23, 2023

With respect to Ronaldo’s fans and football critics, it required a lot of clarity in terms of sports marketing and publicity rights to understand the situation but Ronaldo’s Representative said on the issue, It was a strategic move to take Cristiano Ronaldo’s brand to the next level, especially in Asia Continent.

Intellectual Property 105

Intellectual Property Privacy Brands Branding 105

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 also argued that because Dropbox had previously attempted or explored acquiring it, that Dropbox itself recognized that Ironhawk had a potentially larger market.

Trademark 98

Trademark Marketing Marketing Business 98

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

IP and Legal Filings

NOVEMBER 10, 2024

Encouraged by the success of Dream11, several other platforms entered the market, allowing people to form teams across various sports like football, kabaddi, basketball, and cricket. An uncertain approach by different states to regulations is a hindrance in the fantasy sports market. This may bring homogenization across all states.

Reporting 52

Reporting Licensing Law Government 52

LexBlog IP

DECEMBER 29, 2022

The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an antitrust claim. Google’s business model focuses on advertising revenue instead of charging users to utilize its search engine.

Advertising 52

Advertising Advertising Marketing Marketing 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

Indiana Intellectual Property Law

MARCH 14, 2023

Starmark Cremation Products began in 2004 designing and marketing a small line of engineered cremation solutions. They have designed, marketing and manufactured Sensible Solutions for its customers. 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

The IPKat

APRIL 1, 2024

This may include surveys or market studies and statements from professional bodies or the specialised public. Information on turnover, sales figures and market shares as secondary evidence were not deemed enough without primary evidence. Lidl argued inter alia that the evidence for Portugal and Greece was insufficient.

Art 83

Art Registration Marketing Marketing 83

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.

Advertising 52

Advertising Advertising Business Marketing 52

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

IP and Legal Filings

FEBRUARY 16, 2023

What Is Non-Use Of Trademark Eventually trademarks serve as effective marketing tools for their owners. The court in this case held that ‘use’ does not necessarily mean and imply actual physical sale; even mere advertisement without having even the existence of goods can be said to be a ‘use’ of the mark. TRA/159/2004/TM/DEL] [iii] K.R

Trademark 52

Trademark Registration Registering Trademarks Advertising 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 Brands Branding Branding 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 starts by restating its relevant case law on the database sui generis right, mainly Innoweb , The British Horseracing Board and Others , and the Fixtures Marketing cases. [1].

Database Right 52

Database Right Law Copyright Law Advertising 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

The German provisions are based on the relevant provisions in the EU Enforcement Directive (2004/48). The infringement at trial was a photo of a sportscar illegally used on the internet for advertising purposes. In addition, claims for information are provided for at various points in the UrhG.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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 plaintiff’s Yahoo.com had already registered its domain name and had acquired goodwill in the market. This is because there were several factual questions in dispute. Hence, it gave the injunction.

Registration 52

Registration Trademark Cinema Business 52

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. The Claimant Heitec adopted its name as early as 1991, the Defendant Heitech in around 2004. Is Amazon using the marks itself where third parties market their goods on its platform?

Branding 75

Branding Brands Branding Litigation 75

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. Yet biosimilars of anti-TNF?

Litigation 52

Litigation Settlement Marketing Marketing 52

LexBlog IP

DECEMBER 28, 2021

Provided data privacy is regulated on a state-by-state level, businesses need to know which jurisdictions they offer or advertise their services and products to, or collect and utilize consumer data from. Marketing Administrator. Governs sensitive data collected by financial institutions.   2016: NIST SP 800-171.

Privacy 52

Privacy Government Intellectual Property Business 52

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. A third-party is engaged to assess factors like product demand, market condition, and potential patent infringement. They were able to invest in IP protection, research and development, and advertising.

IP 40

IP Intellectual Property Business Brands 40

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

The court recounts the perennially problematic Brookfield case and how the 2004 Playboy v. Marketing channels. ” Every sex worker just took massive umbrage at the judge’s condescending stereotypes about the role of online marketing in their financial and safety decisions. More Posts About Keyword Advertising.

Advertising 126

Advertising Advertising Trademark Settlement 126

43(B)log

JULY 20, 2023

Ford advertised its Shelby GT350 Mustang as “track ready.” “But As for the facts: The Shelby is an upgrade of the standard Mustang and, importantly here, was advertised as “an all-day track car that’s also street legal.” Track-readiness was a central theme in Ford’s Shelby advertising. Tershakovec v. Ford Motor Company, Inc.,

Advertising 52

Advertising Advertising Law False Advertising 52

The IPKat

FEBRUARY 10, 2025

For advertisers, hes created JACQUEMUS handbags driving through Paris and a giant MAYBELLINE mascara wand applying mascara to the surreal eyelashes of a New York train and a London bus. In this decision, the inclusion formed a central aspect of the allegedly infringing work from a marketing point of view.

Artistic Work 59

Artistic Work Advertising Advertising Copyright 59

Technology & Marketing Law Blog

OCTOBER 29, 2023

“a provider such as Google can filter spam, including marketing emails, as ‘objectionable’ material under section 230.” 03-1770, 2004 WL 602711 (4th Cir. 24, 2004); Kathleen R. Marketers always want an infinite number of customers at zero cost, and they are never satisfied. ” ICS Provider.

Marketing 124

Marketing Marketing Social Media Law 124

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. And yet…a #MAGA Ohio judge sealioned his rejection of Google’s motion to dismiss. at greater risk.

Law 122

Law Social Media Government Privacy 122

Technology & Marketing Law Blog

JANUARY 9, 2025

Meanwhile, Twitter’s marketplace decline has demonstrated (once again) that market mechanisms–including users and advertisers voting with their “feet”–still carry a potent sting online. Finally, my Twitter account is still active, but I haven’t posted there in many months. Emoji Law Cases Are.

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Social Media Law Government Privacy 102