Technology & Marketing Law Blog

SEPTEMBER 8, 2023

In our Advertising & Marketing Law casebook, Prof. Google ruling from 2007. Newton’s fraud claim fails for insufficient pleading. The court defers considering whether 230 could preempt it too. Tushnet and I include the Langdon v.

Contracts 105

Contracts Marketing Marketing Publishing 105

43(B)log

AUGUST 12, 2021

In 2007, ANSI approved windshield industry repair standards, the Repair of Laminated Automotive Glass Standards (ROLAGS), that stated windshield cracks up to fourteen inches are repairable. Safelite counterclaimed for trade secret theft not related to advertising. can be safe and is viable.”

False Advertising 45

False Advertising Advertising Advertising Marketing 45

The TTABlog

AUGUST 6, 2024

2007) (explaining potential relevance of foreign internet evidence). Shepherd’s advertising expenditures because the figures seemed modest and there was no evidence about what C.E. Shepherd’s competitors spent on advertising. See In re Bayer AG , 488 F.3d 3d 960, 966, 969 (Fed. The Board also put little weight on C.E.

Advertising 72

Advertising Advertising Public Use Marketing 72

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

In 2007, the Ninth Circuit in Perfect 10 v. Section 230(e)(2) says “Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property,” so IP lawsuits over third-party content are not preempted by Section 230. I even agree with the latter point!) The Minority Opinion.

Intellectual Property 144

Intellectual Property Trademark Marketing Marketing 144

TorrentFreak

NOVEMBER 12, 2022

Once the police have conducted their own investigations, any domain added to the IWL finds itself blacklisted by the advertising industry and then shared as part of the full list with other stakeholders, rightsholders, and anti-piracy groups. And, in most cases, the listed domains appear to have no real purpose than to infringe copyright.

Advertising 103

Advertising Advertising Reporting Intellectual Property 103

TorrentFreak

JUNE 22, 2023

A talented graphic designer, Bencko was responsible for Megaupload’s logo and ensuring that other sites in the group looked good and accommodated advertising properly. Around October 4, 2007, Bencko sent an email to van der Kolk asking for a favor. ” Less than two weeks later an apologetic Bencko emailed again.

Graphic Design 145

Graphic Design Reporting Designs Design 145

IP and Legal Filings

JULY 21, 2022

For the past decade, the utilization of hashtags has grown in popularity, and businesses are now attempting to capitalise on these ‘viral-trends’ to advertise their products and services through content marketing methods. Chris Messina was the first to introduce hashtags on Twitter in 2007, and there has been no going back since.

Trademark 98

Trademark Social Media Marketing Marketing 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. Cadbury UK Limited Vs. Neeraj Food Products, 142 (2007) DLT 724 [1] Trade Marks Act, No. 7] Cadbury UK Limited Vs. Neeraj Food Products, 142 (2007) DLT 724. Dongre and Ors. V Whirlpool Co.

Branding 98

Branding Brands Branding Trademark 98

Greenspoon Marder LLP

JANUARY 19, 2014

He calls for action against search engines, against ISPs and advertisers, in addition to the commercial source and the consumer of pirated content. Critics point out that Mike Weatherley was, from 2007, Vice President (Europe) for the Motion Picture Licensing Company, and a former record producer.

Law 52

Law Intellectual Property Music Advertising 52

43(B)log

OCTOBER 1, 2021

Whole Foods began purchasing small quantities of basil from them and selling the product in Whole Foods Market stores in the San Diego area in 2007. False advertising: Plaintiffs didn’t plausibly plead a false or misleading statement in a commercial advertisement or promotion.

False Advertising 53

False Advertising Advertising Advertising Marketing 53

LexBlog IP

MARCH 24, 2022

The plaintiffs alleged that Instagram encouraged the embedding of photos in order to drive up advertising revenue. The Court relied on the Ninth Circuit’s 2007 opinion in Perfect 10, Inc. The photos, therefore, appeared on websites without any license from the original photographers. Amazon.com, Inc. , 3d 1146 (9th Cir.

Copyright Infringement 52

Copyright Infringement Copyright Advertising Advertising 52

SpicyIP

JULY 22, 2024

4668/DELNP/2007), the NBRA Bill that conferred the regulator power to regulate research, manufacture, import and marketing of genetically modified organisms (discussed here ), etc. If a domestic law thereafter prohibits the sale, use, etc., of that invention, the invention should be made subject to that, but that stage comes much later.

Invention 110

Invention Patent Patent Application Government 110

Copyright Lately

JULY 12, 2021

Baron Cohen argues that the use of his name and likeness in a cannabis advertisement (which he’d never agree to) would have commanded a much higher amount. This case reminds me a lot of a lawsuit that Woody Allen successfully brought against American Apparel back in 2007. Woody Allen v. American Apparel.

Copyright 85

Copyright Advertising Advertising Settlement 85

The TTABlog

OCTOBER 5, 2023

This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." Opposer submitted sales and marketing expenditures for fresh fruit from 2013 to 2021 and for carbonated soda from 2007 to 2021. It failed to do so. And so, the Board jettisoned the dilution claim.

Advertising 69

Advertising Advertising Marketing Marketing 69

43(B)log

JANUARY 17, 2024

Ultra Bond alleged that Safelite violated the Lanham Act by falsely advertising that windshield cracks longer than six inches could not be safely repaired and instead required replacement of the entire windshield. Monopoly power has many defects; here the anti-innovation face of monopoly also appears as misleading advertising.)

False Advertising 64

False Advertising Marketing Marketing Advertising 64

The IP Law Blog

AUGUST 4, 2022

The plaintiffs alleged that Instagram encouraged the embedding of photos in order to drive up advertising revenue. The Court relied on the Ninth Circuit’s 2007 opinion in Perfect 10, Inc. In September, U.S. District Judge Charles R.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

Technology & Marketing Law Blog

SEPTEMBER 6, 2022

” The term “websites-generated message and functions” is gibberish, but the court amplifies: “Immunizing a website’s own targeted advertisements and algorithms does not advance a website’s internal policing of indecent content or promoting third-party speech.” ” This is insane, amirite? Implications.

Social Media 119

Social Media Advertising Advertising Publishing 119

The IPKat

NOVEMBER 23, 2024

She settled on the brand name Katie Perry and started her own fashion label in 2007. Her management team set up a web-store by 24 September 2008 to advertise and sell such merchandise. Infringing clothing was also advertised and sold under the Katy Perry mark by the companies Blackout Merch and Epic Rights.

Cease and Desist 72

Cease and Desist Registration Branding Brands 72

Copyright Lately

OCTOBER 25, 2021

In 2007, Peter Gallagher (an author, not the dad on “The O.C.”) ” “The Little White Trip” (2007). affirmed the district court’s grant of summary judgment for the advertisers. A Cabin in the Woods. McDonald’s Corp.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

43(B)log

OCTOBER 1, 2021

Kellogg USA, 2007 WL 4766060 (C.D. 19, 2007), which held that the “Froot” in “Froot Loops” was not misleading in part because it “appear[ed] in the trademarked name of the cereal, not. as a description of the actual ingredients.”

Trademark 45

Trademark False Advertising Advertising Advertising 45

LexBlog IP

APRIL 19, 2023

In 2007, the Court wrestled with Haute Diggity Dog’s purse-shaped dog toys bearing the name “Chewy Vuiton,” mimicking high-fashion Louis Vuitton. Dogs have been part of advertising campaigns for years, so selling a dog toy was not a far leap. Who would be confused? Why does this matter?

Intellectual Property 40

Intellectual Property Advertising Advertising Copyright Infringement 40

Kluwer Copyright Blog

JUNE 21, 2021

8 (1) Rome II Regulation 864/2007 (“Rome II”) applied (paras 31, 32). Use of advertising content aimed at the respective public in that EU Member State. The rules set by CJEU Dataco/Sportradar. In Football Dataco/Sportradar the CJEU held that as a conflict of law rule, the country of protection principle pursuant to Art.

Art 85

Art Law Related Rights Marketing 85

Kashishipr

AUGUST 24, 2022

Class 35 – Dealing with office functions, advertising, business administration, and business management. For instance, the ‘Incredible India’ campaign was introduced in 2002 in India to promote and advertise the nation’s rich heritage and culture. Class 25 – Dealing with headgear, footwear, and clothing.

Trademark 52

Trademark Branding Branding Brands 52

Copyright Lately

NOVEMBER 22, 2023

After coming up with this simple yet ingenious product, the fledgling company thought it had landed its own lucky break when Sears’ advertising agency expressed interest in buying more than a million of Lucky Break’s plastic wishbones to give to shoppers over Thanksgiving weekend. 1 and Turkey Decoy No.

Copyright 84

Copyright Copying Copyright Infringement Designs 84

43(B)log

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” After more evidence, the court found that Albion adequately supported its unclean-hands defense—that Newborn had also made false USA origin claims—until early 2007. Now it’s disgorgement time.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

The TTABlog

JANUARY 26, 2022

Applicant Integra Biosciences has been selling its disposable pipettes in pastel colored rack inserts since 2007. Applicant Integra relied on its alleged use of the colors since 2007, and its sale of more than 1.5 Nor did it provide any advertising figures, or an proof of "look for" advertising. Serial Nos.

Advertising 40

Advertising Advertising Copying Trademark 40

IP and Legal Filings

AUGUST 14, 2023

Online marketplaces, such as online auction houses, or websites that advertise their unlawful nature are used to trade or profit from tangible counterfeit or pirated items in every category. A would not be economically capable of paying the fine or compensation for infringement.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

IP and Legal Filings

APRIL 8, 2022

” The court concluded that there could be no purchase without agreeing to the terms and conditions of the Contract while purchasing the advertisement “Adwords” programme, despite Plaintiff’s claim that he did not enter into any form of contract with the defendant. 2d 229 (E.D. Bragg v Linden Research, Inc.,

Contracts 52

Contracts Law Business Technology 52

IP and Legal Filings

APRIL 8, 2022

” The court concluded that there could be no purchase without agreeing to the terms and conditions of the Contract while purchasing the advertisement “Adwords” programme, despite Plaintiff’s claim that he did not enter into any form of contract with the defendant. 2d 229 (E.D. Bragg v Linden Research, Inc.,

Contracts 52

Contracts Law Business Technology 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. He has a 2007 Doctor of Chiropractic degree and some post-doctorate training, including certification as a Doctor of Natural Medicine and as a Certified Nutrition Specialist. Nepute, 2023 WL 4623089 , No.

Government 40

Government Advertising Advertising Social Media 40

The TTABlog

JUNE 10, 2021

The Board then applied the CAFC's Converse analysis to applicant's evidence: use of the proposed mark since 2007, approximately 250,000 units sold for $3M in revenue, $25,000 spent for advertising, promotion of mark on social media an on its website, and a ranking for several years as the best-selling and highest-rated pellet on Amazon.com.

Advertising 40

Advertising Advertising Social Media Marketing 40

43(B)log

APRIL 28, 2022

He also hosted a reunion and golf tournament in 2007 and engaged in other referential activities; he managed royalties from the licensed USFL apparel from 2011-2021. They have also entered into numerous business partnerships and relationships for ticketing, advertising and apparel sales.”

Licensing 45

Licensing Advertising Advertising Registration 45

Patently-O

JULY 17, 2022

GSK had patent rights covering all three uses, but by 2007 the patents covering uses (2) and (3) had expired. GSK sells the drug with FDA approved labelling for treatment of three different cardiac-related problems: (1) congestive heart failure; (2) hypertension; and (3) left ventricular disfunction following myocardial infarction.

Branding 60

Branding Branding Brands Marketing 60

The TTABlog

SEPTEMBER 23, 2022

Advertising and preparatory measures, such as taking reservations, may precede the rendering of services, but they are not the same as rendering those services." Cosser , 81 USPQ2d 1956, 1968 (TTAB 2007); Shalom Children’s Wear Inc. Several press releases were issued at that time, but they did not constitute service mark use.

Service Mark 40

Service Mark Registration Advertising Advertising 40

LexBlog IP

AUGUST 4, 2022

The plaintiffs alleged that Instagram encouraged the embedding of photos in order to drive up advertising revenue. The Court relied on the Ninth Circuit’s 2007 opinion in Perfect 10, Inc. In September, U.S. District Judge Charles R.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Copying 52

IP Whiteboard

AUGUST 30, 2020

This leads to a Pandora’s box of questions – what happens when you photograph someone with a tattoos, what if a famous person has a tattoo and is featured on advertising or movies, what if someone who has a tattoo is involved in a crime and is featured all over the paper and what if you copy someone else’s tattoo? 241, [255]. [4]

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52