SpicyIP

JUNE 19, 2022

It is also stated to have spent “enormous amounts of money” in advertising and publicity. The said mark, including the label, is stated to have extensive goodwill and reputation, having been adopted in 1988, with copyright and trademark registrations dating back to 2006. across India and worldwide.

IP 126

IP Marketing Marketing Trademark 126

Kashishipr

AUGUST 18, 2021

In the Bainbridge judgment (2006), the court, in reference to a family of marks, said that “they reproduce in full the same distinctive element with the addition of an element, graphic, or word, which differentiates them from each other or when characterized by the repetition of a single prefix or suffix taken from an original mark.”

Trademark 105

Trademark Registration Brands Branding 105

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! The parties compete in the shoe market. In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D.

False Advertising 59

False Advertising Advertising Advertising Brands 59

IP and Legal Filings

FEBRUARY 24, 2025

1] In 2006, the International Trademark Association, INTA, officially recognized the importance of tactile marks by adopting a resolution in support of the recognition and registration of these marks. Paper towels made by Kimberly-Clark and soap packaged in cotton-textured paper by Fresh Inc. are two examples.

Trademark Law 52

Trademark Law Trademark Law Brands 52

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.

Reporting 52

Reporting Licensing Law Government 52

IP and Legal Filings

AUGUST 28, 2023

Through sharing their agenda and beliefs the trade mark holders try to connect to their users and have found this to be a successful way to strengthen their reputation and goodwill in the market. The Amul Girl which is used to promote the brand is depicted in the form of a cartoon and is frequently updated to match the current social events.

Brands 98

Brands Branding Branding Trademark 98

The IPKat

JULY 5, 2024

30627911 for the famous ‘Bulli’ (officially ‘VW T1’): It was registered in 2006 inter alia for ‘motor vehicles’ in class 12 and ‘model cars’ in class 28. The defendant manufactured and sold high-priced model cars, in particular for collectors and advertising clients. Otherwise, it would not be a model car.

Licensing 69

Licensing Advertising Advertising Marketing 69

Above the Fold

FEBRUARY 12, 2023

It all stems back to 2006, when a friend and I traveled to Italy and happened to stumble upon the set of something being filmed. Statista reports there are an average of 50 minutes of advertisements. Are you top choices dictated by the product, the celebrity, or the content? I look forward to this debate every year.

Advertising 52

Advertising Advertising Blogging Reporting 52

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

The IPKat

SEPTEMBER 24, 2021

In conjunction with its claims, Sony filed a written statement with annexed evidence including: screenshots of announcements from websites regarding the launch of the PlayStation Vita console; press releases relating to the PlayStation Vita console and various games to be played on it; and various advertising brochures and videos.

Marketing 59

Marketing Marketing Ownership Advertising 59

43(B)log

SEPTEMBER 1, 2021

Pennsylvania alleged, that in connection with the marketing, distribution, and sale of their products, certain defendants prepared and distributed material safety data sheets (MSDSs), which are documents used by manufacturers of hazardous materials to address OSHA hazard communication requirements. Commonwealth by Shapiro v.

Advertising 45

Advertising Advertising Litigation Designs 45

43(B)log

OCTOBER 6, 2021

American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best. But the cases go back and forth on this.]

Law 59

Law Privacy False Advertising Social Media 59

SpicyIP

JUNE 13, 2024

Mountain Valley Springs, the plaintiff, has been marketing its products under the trademark (TM) “Forest Essentials” since 2000, claiming extensive reputation and goodwill, especially for their Ayurvedic products, including a baby care segment launched in 2006. Case Overview: What were The Parties even Fighting for?

Brands 55

Brands Branding Branding Marketing 55

Trading Secrets

JUNE 22, 2022

Conscious of the environment, evolving technology and the communities we work in, this new venture allows me to incorporate what I have learned from where I have been, while considering where the market and our world is headed.” 2006) 142 Cal.App.4th 4) There is a fine line between “solicit” and “advertisement.” Maintenance Co.

Ownership 98

Ownership Business Contracts Law 98

SpicyIP

DECEMBER 17, 2023

1253/DEL/2006 and 4197/DEL/2015) related to computer software based on earlier guidelines of the patent office. Dabur India Limited vs Mi Lifestyle Marketing Global Pvt. 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.

IP 58

IP Trademark Advertising Advertising 58

LexBlog IP

JULY 21, 2021

Class 35 Advertising (14 370) +3. Unlike other exporters, trade mark owners who file trade marks in the export market earn more when the Aussie dollar appreciates. While exports decrease when the Australian dollar rises (as foreign buyers will buy local goods insteE the costs of advertising and marketing overseas decrease.

Reporting 52

Reporting IP Patent Application Registration 52

LexBlog IP

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. As with all intellectual property tools, careful consideration should be taken when assessing a particular product’s copyright status. ” [8]. Perrier Group of America, Inc. ,

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

SpicyIP

NOVEMBER 26, 2024

As reported here and here , the influencer’s central argument specifically targeted Bournvita’s market positioning as a health drink and Tang’s representation as a fruit-flavoured beverage mix fortified with vitamins and minerals. The DHC in Dabur v.

Social Media 52

Social Media Trademark Brands Branding 52

Above the Fold

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. As with all intellectual property tools, careful consideration should be taken when assessing a particular product’s copyright status. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

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. Regulations 2006/1028 which provide for the consideration of moral prejudice in assessing damages, noting that the case law on its meaning “remains sparse”.

Brands 75

Brands Branding Branding Litigation 75

Biswajit Sarkar Copyright Blog

AUGUST 30, 2023

Trademarks are influential in tracing the source from which a product is being manufactured and sold in the market. However, it must be kept in mind that a trademark has to be a visual representation. Most importantly, it helps a business establish itself as a brand. Counterfeiting is a broader concept compared to Trade mark Infringement.

Trademark 52

Trademark Intellectual Property Business Brands 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

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. We usually get ours at the local farmers market.] The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Say what? ” UGH.

Trademark 129

Trademark Advertising Advertising False Advertising 129

TorrentFreak

OCTOBER 25, 2022

Warning of potential prosecutions for offenses under the Fraud Act 2006, Copyright Designs and Patents Act 1988, and even the Serious Crimes Act 2007, PIPCU suggests shutting down as an alternative. YouTube-ripping sites such as Yout and YTMate are also blacklisted, along with many others serving specific foreign language markets.

Intellectual Property 135

Intellectual Property Advertising Advertising Contracts 135

LexBlog IP

FEBRUARY 28, 2022

precisely replicat[ing] a copyrighted advertising logo to make a comment about consumerism’ (such as Warhol’s well-known depictions of Campbell’s soup cans), which ‘might. That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. This is called personality merchandising or ” marketing of one’s persona. Rights are crucial in today’s competitive world of celebrities competing for fame and advertising. L., & Lemley, M. link] Neethling, J.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

Intepat

JUNE 14, 2024

Commercial Disadvantage Another important reason that people prefer patents is that, in a way, they also serve the purpose of advertising and promotions. Meanwhile, the original company can file new patents on these undisclosed methods later on, extending their exclusive rights and delaying cheaper alternatives from reaching the market.

Confidentiality 52

Confidentiality Inventor Invention Patent 52

LexBlog IP

NOVEMBER 30, 2022

1183 (2021), noting in part (in an obvious allusion to Warhol’s famous Campbell Soup piece ) that “’[a]n ‘artistic painting’ might, for example, fall within the scope of fair use even though it precisely replicates a copyrighted advertising logo to make a comment about consumerism.'” ” Id.

IP 52

IP Intellectual Property Fair Use Trademark 52

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

NOVEMBER 11, 2024

It arguably has a market share of around 45%. Enter the defendant (“Alpino”), who is in the ready-to-eat product business and has a peculiar problem with the current oats product—it calls oats “bland,” a “flavorless punishment disguised,” “impossible to be eaten,” and “a scam since 2006.” Dabur India Ltd. Marico also admits this part.

Marketing 110

Marketing Marketing Advertising Advertising 110

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Share of 9 th Circuit opinions also exploded in 2006. Marketing literature may show appropriate methods to evaluate trademark reputation, or potential harms or unfair advantages. Possibly related to internet adoption. Also innovation is ill defined.

Trademark 72

Trademark Copyright Brands Branding 72

Technology & Marketing Law Blog

SEPTEMBER 27, 2024

Amazon from 2006. 25, 2024) The plaintiffs were heavy Twitter advertisers, spending over $1M promoting their accounts. The court disagrees: “the duty Twitter allegedly violated derives from its Advertising Contracts with plaintiffs, not from Twitter’s status as a publisher of plaintiffs’ content.” Twitter, Inc.,

Contracts 105

Contracts Blogging Designs Design 105

43(B)log

FEBRUARY 23, 2024

A move among many of us as scholars to say there should be space for artistic uses, and if we see a lot of Nike collabs and make statements about who it wants to collaborate w/or not, perhaps that sends signals that matter to consumers, and if we want to reflect how consumers interact w/markets, that might lead to rights expansion.

Trademark 45

Trademark Law Brands Branding 45

Patently-O

DECEMBER 12, 2021

21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22]

Registration 69

Registration Government Advertising Advertising 69

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

APRIL 3, 2025

[Note: This blog didn’t have any comment function from 2006 to 2013. The money was OK, but mostly I wanted first-hand experience in the advertising ecosystem to improve my knowledge of the field. Part 10 of 10) appeared first on Technology & Marketing Law Blog. “What’s past is prologue.”]

Blogging 52

Blogging Law Government Social Media 52

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.

Social Media 102

Social Media Law Government Privacy 102