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 109

Advertising Advertising IP Patent 109

SpicyIP

DECEMBER 20, 2023

So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. The issue has often arisen in the context of protecting confidential information through copyright law. Image from here November has passed. E.g., see Prateek Surisetti’s post here and Niyati Prabhu’s post here.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

NOVEMBER 8, 2023

Xiaomi highlighting how the common practice of courts granting confidentiality in commercial litigation problematizes transparency, judicial accountability, and the citizens’ right to be informed of court processes and reasoning under Article 19(1)(a). Only then does Google need to take action against the advertisement and not otherwise.

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts first appeared on this blog on February 9, 2005, my second day of blogging. This is the correct way to analyze the mark similarity factor in competitive keyword advertising cases, though many courts have not taken this approach. More Posts About Keyword Advertising. WhenU (2d Cir. Keyword Ads. Proximity of goods.

Trademark 111

Trademark Advertising Advertising Blogging 111

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

43(B)log

FEBRUARY 18, 2022

Industries: advertising, merchandising, movies/TV, and video games. Even where permission not legally required, thought was better results due to advances in technology—social media influencing: the advertiser wants customized content. A: contracts were confidential but may be able to talk about standard terms. Accolade, Sony v.

Fair Use 45

Fair Use Contracts Litigation Copying 45

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. The court held that puffery in advertisements is allowed as long as the assertions made are reasonable. DRS Logistics (P.) and Ors. , Dabur India Ltd.

Registration 52

Registration Trademark Copyright Registering Trademarks 52