LexBlog IP

JUNE 6, 2022

As reported in our previous article published in 2019, the Committees of Advertising Practice ( CAP ) have been focussing for some time on protecting children and young persons through their regulation of gambling advertising. The Advertising Standards Authority ( ASA ) is responsible for enforcement of the advertising codes.

Advertising 52

Advertising Advertising Social Media Publishing 52

SpicyIP

JULY 22, 2024

Journey Through “Marchs” on SpicyIP (2005 – Present) After a brief hiatus, Lokesh Vyas is back with the flashback series looking at SpicyIP posts through the years, from 2005 to present date. Dabur India Ltd.

Registering Trademarks 97

Registering Trademarks Licensing Trademark Advertising 97

Technology & Marketing Law Blog

JUNE 2, 2022

Tattoo Advertising/Human Billboards. Also, see Q2 of my 2005 contracts law exam and the sample answer. ” That sends the issue to the jury. Nature of the Work. It’s a creative photo, but it was published. Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v. Warner Bros.

Copyright 145

Copyright Social Media Fair Use Licensing 145

Technology & Marketing Law Blog

APRIL 22, 2024

Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. WWE 2K Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v. Warner Bros. The post Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v.

Licensing 98

Licensing Copyright Blogging Fair Use 98

TorrentFreak

MAY 14, 2022

On the flip side, today’s interconnected world has the ability to transform leaks into powerful advertising and hype, keeping message boards and social media alive with discussion of exciting new products, at zero cost to official marketing teams. Aside from generating more than 4.6

Copying 134

Copying Social Media Copyright Copyright Law 134

Technology & Marketing Law Blog

OCTOBER 6, 2022

Tattoo Advertising/Human Billboards. Also, see Q2 of my 2005 contracts law exam and the sample answer. Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v. Copyright and Tattoos: Hangover II Injunction Denied, But the Copyright Owner Got Some Good News Too–Whitmill v. Warner Bros.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

TorrentFreak

DECEMBER 23, 2024

Two years after its debut in 2005, Rojadirecta faced legal action in Spain for providing links to unlicensed sports streams. It’s alleged that Puerto 80’s business model has generated millions of euros from both regular advertising and affiliate commissions earned by diverting visitors to sports betting websites.

Reporting 103

Reporting Intellectual Property Business Advertising 103

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. WWE 2K Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v. Warner Bros. The post Tattoo Artist Wins Copyright Claim, But Gets Zero Damages–Alexander v.

Copyright 116

Copyright Fair Use Licensing Blogging 116

43(B)log

MAY 2, 2022

The injunctive relief does what this xkcd cartoon mocks: Alt text: Blatantly banking on customers not understanding that it's like a Hollywood studio advertising that their new movie was 'watched by Roger Ebert'. The settlement included a fund of up to $8 million; unclaimed money would be returned to defendants. million. (If

Settlement 118

Settlement Advertising Advertising Marketing 118

TorrentFreak

MAY 25, 2022

When major movie studios, record labels, and other copyright holders sued peer-to-peer file-sharing companies Grokster and Streamcast, little did they know their case would end in a landmark 2005 ruling by the Supreme Court. In a nutshell, the plaintiffs in MGM v.

Copyright Infringement 141

Copyright Infringement Copyright Law Copyright Technology 141

43(B)log

MAY 16, 2022

Nor did it err in its false advertising analysis, which requires likely deception of reasonable consumers. In addition, “amendment would have also been futile given the non-commercial nature of Doe’s activities.” In the Ninth Circuit, “infringement claims are subject to a commercial use requirement.” Bosley Med. Kremer, 403 F.3d

False Advertising 72

False Advertising Advertising Advertising Trademark Law 72

SpicyIP

SEPTEMBER 16, 2024

Filed under Article 226 of the Constitution, it is an ‘urgent application’ to the Registrar, DHC under the ground that the incumbent CGDPTM is not qualified to hold the post and was selected/nominated vide an arbitrary procedure without proper and effective advertisement for filling up the post. 3 (UP Pandit), for the CGPDTM post.

Advertising 111

Advertising Advertising Reporting Designs 111

IP Tech Blog

OCTOBER 20, 2021

As discussed in a previous blog post, the UK’s Advertising Standards Authority (ASA) has emphasised that prize draws must comply with provisions of its CAP Code. Failing which one risks being in breach of the rules, which can ultimately lead to criminal prosecution for failure to comply with consumer protection, gambling and advertising laws.

Advertising 57

Advertising Advertising Social Media Branding 57

Delaware Intellectual Property Litigation Blog

SEPTEMBER 25, 2021

[and that] Plaintiff did no corrective advertising.” 2005) for courts to consider when deciding whether to grant disgorgement damages in a trademark infringement action. Thus, the Court granted the motion with respect to actual damages. Renosky , 399 F.3d 3d 168, 175 (3d Cir.

Trademark 66

Trademark Advertising Advertising Copying 66

The IPKat

FEBRUARY 17, 2023

7(2) of Directive 2005/29/EC ). It arranged the contents of the website at its own discretion and used the website to earn commissions by placing advertising on them. The Supreme Court distinguished an affiliate from an advertising agency. He objected to the ranking of the “best mattresses of 2019” on www.schlafbook.de

Advertising 72

Advertising Advertising Business Design 72

Technology & Marketing Law Blog

OCTOBER 25, 2023

Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. WWE 2K Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v. Warner Bros.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” ” * RVC Floor Decor, Ltd. Floor and Decor Outlets of America, Inc., 2021 WL 1163117 (E.D.N.Y. March 18, 2021).

IP 85

IP Social Media Fair Use Branding 85

LexBlog IP

OCTOBER 20, 2021

As discussed in a previous blog post, the UK’s Advertising Standards Authority (ASA) has emphasised that prize draws must comply with provisions of its CAP Code. Squire Patton Boggs specialises in advising on advertising and marketing law. Legal advice should always be obtained however.

Social Media 52

Social Media Advertising Advertising Branding 52

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 defendant has used the plaintiff’s song in an advertisement without the plaintiff's consent. The company was ordered to pay Ojo, ₦20 million (US$44 448) in damages.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

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. 3] United Kingdom Gambling Act, 2005. [4] 6] Sikkim Regulation of Gambling (Amendment) Act, 2005. [7]

Law 97

Law Licensing Government Advertising 97

Biswajit Sarkar Copyright Blog

SEPTEMBER 16, 2021

Unfair advertising: Incorrect pricing, fake endorsements, false statements, etc. UK: The regulations namely, Unfair Commercial Practice Directive, 2005 and the Consumer Protection from Unfair Trading Regulations, 2008 include a general prohibition of unfair commercial practices.

Intellectual Property 40

Intellectual Property Advertising Advertising Trademark 40

The TTABlog

OCTOBER 1, 2024

in the field of wake, ski, surf, snowboard, motocross, mountain bike, BMX, and skate” portion of the Contested Services, Jones argued that Monster "produced no evidence in discovery that it has ever trained athletes under the [marks of the Counterclaimed Registrations],” and the Contested Services "have never been advertised or sold."

Law 64

Law Registration Advertising Advertising 64

43(B)log

APRIL 29, 2024

The relevant conduct is use of a trademark “in commerce” “in connection with any goods or services,” specifically “the sale, offering for sale, distribution, or advertising,” in a manner “likely to cause confusion.” 2005) [a resurrected blast from the past; why “use as a mark” may be a very interesting doctrine going forward].

Advertising 59

Advertising Advertising Trademark Branding 59

Patently-O

AUGUST 7, 2024

Impact Engine Fed Cir Decision Impact Engine en Banc Petition Impact Engine sued Google back in 2019, alleging infringement of a family of patents stemming from an April 2005 provisional filing date. Patent Nos. 7,870,497, 8,356,253, 8,930,832, 9,361,632, 10,068,253, 10,565,618, and 10,572,898.

Patent 93

Patent Designs Design Editing 93

LexBlog IP

SEPTEMBER 25, 2021

As to actual damages, the record was undisputed that “Plaintiff has no actual knowledge of damages resulting from Defendants’ conduct, Plaintiff is not seeking lost sales, lost market share, or lost goodwill, [and that] Plaintiff did no corrective advertising.” ” Id. Renosky , 399 F.3d 3d 168, 175 (3d Cir.

Trademark 52

Trademark Advertising Advertising Copying 52

Technology & Marketing Law Blog

MARCH 9, 2024

As I wrote in 2005 in the Joffe post: Regulatory efforts to carve up marketing on a per-technology basis have failed. “Plaintiff argues to grant Stratics immunity would be akin to granting a newspaper immunity for publishing defamatory advertisements in hardcopy form because those advertisements were submitted via an online webportal.”

Blogging 105

Blogging Publishing Technology Marketing 105

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 45

False Advertising Advertising Advertising Contracts 45

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. in computer engineering from Pennsylvania State University in 2005. She received her J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

LexBlog IP

OCTOBER 28, 2021

Amendments to several existing pieces of EU consumer protection legislation, including the Unfair Contract Terms (Directive 93/13/EEC), Price Indications (Directive 98/6/EC), Unfair Commercial Practices (Directive 2005/29/EC) and Consumer Rights (Directive (2011/83/EU). Key changes explored in more detail.

Social Media 52

Social Media Business Contracts Advertising 52

The TTABlog

DECEMBER 21, 2021

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."

Registration 53

Registration Contracts Advertising Advertising 53

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

SpicyIP

SEPTEMBER 8, 2024

We aimed to explore SpicyIP’s history, which began in October 2005, ‘from the sprawling cornfields of Illinois, Champaign,’ by our beloved Professor Shamnad Basheer. Generally, the benchmark for comparative advertising hinges on the “average consumer” test. And to see how and how far we have traveled over the years.

Advertising 111

Advertising Advertising IP Patent 111

43(B)log

JANUARY 16, 2023

Plaintiffs filed this complaint in federal court pursuant to the Class Action Fairness Act of 2005, They alleged violations of multiple state consumer fraud and deceptive business practice laws; unjust enrichment; and breach of warranty. And “The Taste You Love” and “Gooey, Cheesy Goodness” were “textbook puffery.”

Advertising 59

Advertising Advertising False Advertising Litigation 59

SpicyIP

DECEMBER 23, 2024

Marico had sought injunction on Alpinos advertisement alleging generic disparagement of oats. The Delhi HC has held that the mere assertion that a thesis involves IP or holds commercial value is insufficient exempt from disclosure under the Right to Information Act, 2005. Xeljanz was launched in India in the year 2016.

IP 59

IP Trademark Registering Trademarks Personality Rights 59

SpicyIP

OCTOBER 23, 2023

The plaintiffs alleged that the defendant was advertising, manufacturing, and selling a similar product under the mark ‘BRAVOGARD,’ which infringed on their patent and trademark. However, after receiving the suit papers, the defendant claimed they would not manufacture or sell ‘FLURALANER’ tablets.

Design 52

Design Designs Music IP 52

The TTABlog

AUGUST 2, 2021

distributor in 2005 and was still in that role when Mr. Shen filed the underlying trademark application in 2015 in his own name, the application being signed by Mr. Shen's attorney. Although ACIGI did pay for most of the advertising, that is not surprising when the manufacturer "is based in Japan and has little experience with the U.S.

Registration 40

Registration Ownership Licensing Trademark 40

43(B)log

APRIL 12, 2024

The court explains: Ashford University was founded in 2005, when Zovio, which had never offered any degree programs, purchased a small campus-based religious university located in Iowa. Zovio needed this university’s accreditation because only students attending accredited institutions are eligible for federal financial aid.

False Advertising 59

False Advertising Law Reporting Marketing 59