Likelihood of Confusion

NOVEMBER 4, 2024

Republished by Blog Post PromoterOriginally posted 2008-07-29 12:12:10. Originally posted 2015-08-13 21:27:15. Republished by Blog Post Promoter Liability insurers gotta deny coverage: As the Trademark Blog reports, American Guarantee & Liability Insurance Co. obtained against Payless Shoesource, Inc., earlier this year.

Blogging 52

Blogging Reporting Trademark Advertising 52

Technology & Marketing Law Blog

JUNE 26, 2023

Some possible reasons why: The 2008 en banc ruling functionally became dicta in 2012 when the Ninth Circuit held that Roommates.com never touched illegal content at all. ” Finally, Facebook argued that its tools were “neutral” because they worked the same across all advertisers, not just housing advertisers. .”

Advertising 111

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43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived. 3d 1137 (9th Cir.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

TorrentFreak

MARCH 29, 2023

Pirate Manga Site B9Good.com Manga piracy site B9Good initially appeared in 2008 and established itself under B9DM branding. The man is said to have uploaded pirated content to file-hosting platforms while earning revenue from advertising. The women were allegedly paid by B9Good’s operator to upload pirated content.

Reporting 130

Reporting Branding Branding Brands 130

Technology & Marketing Law Blog

DECEMBER 11, 2021

As another example, when the search results provide the records associated with Mr. Abraham, “adjacent to the list of records containing [his] name, photograph, and likeness” is an advertisement promoting the subscription membership. FWIW, I raised this issue as a possible paper topic in 2008. Section 230. ” (Tautology alert).

Advertising 111

Advertising Advertising Social Media Blogging 111

SpicyIP

NOVEMBER 23, 2021

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. The steady growth in search engine advertisement in India appears to have led to an uptick in the complaints of trademark infringement rooted in alleged misuse of keywords.

Trademark 105

Trademark Advertising Advertising Trademark Law 105

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. eBay case from 2008. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. The plaintiffs disavowed a claim based solely on Apple’s “safe” representation.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. seriously, are you still posting THERE???)

Law 111

Law Social Media Advertising Advertising 111

IP and Legal Filings

APRIL 12, 2023

264/2008. [vi] 279/2008 in CS (OS) 41/2008. Crimzon Fashion Accessories Private Limited (2023) LiveLaw (Del) 148. [ii] ii] The Trademarks Act, 1999, Section 2 (1) (zg). Section 11(2). [iv] iv] Trade Mark Rules, 2017, Rule 124. [v] v] CS (OS) No. vi] [link] [vii] IA.No.279/2008

Trademark 98

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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

TorrentFreak

MARCH 4, 2024

Anime piracy site B9Good first appeared way back in 2008, initially operating under B9DM branding. It was alleged that the women were paid by the site’s main operator to upload pirated content, while the man uploaded content to file-hosting sites to generate revenue from advertising.

Reporting 123

Reporting Copyright Infringement Advertising Advertising 123

The TTABlog

AUGUST 3, 2022

Petitioner claimed a first used date in 2008. Petitioner sunk its own claim that its marks acquired distinctiveness in 2008 by testifying that its sales that year were $256; furthermore there were no advertising expenditures during 2008-2010. Pet Go Round of Greensboro , Cancellation No.

Law 52

Law Registration Designs Design 52

IP Tech Blog

FEBRUARY 1, 2023

The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 48

Advertising Advertising Branding Branding 48

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. However, in 2008, “RectorSeal sent UL a letter withdrawing the Multiple Listing because it would no longer be manufacturing the Firestop Box Insert for Hilti, which was a requirement of the Multiple Listing program.”

False Advertising 59

False Advertising Advertising Advertising Designs 59

TorrentFreak

MARCH 4, 2024

LibGen launched around 2008 as a digital version of the same concept. The proposed injunction also mentions hosting services, search engines, proxy services, CDNs, donation platforms, browser extensions, social media, payment providers, and advertising services, among others.

Publishing 123

Publishing Social Media Copyright Infringement Copyright 123

The IPKat

JANUARY 5, 2022

Background of the case In 2008, Miele successfully registered a Community Design (‘CD’), consisting of a depiction of a vacuum cleaner bag, one of which is shown below. This is different to non-consumable components, which are generally not advertised independently and only sold together with the vacuum cleaner. What is this component?

Design 111

Design Designs Public Domain Advertising 111

43(B)log

DECEMBER 7, 2023

17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument. Dismissed with leave to amend. 3d 1137 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Garrigues Blog

FEBRUARY 5, 2024

Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS. .” This wording corresponds to the transposition of Directive 2015/2436 of December 16.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

The TTABlog

MARCH 20, 2023

Discovery Sanctions: The Board made certain adverse inferences against Respondent ERB for failure to comply with a Board order compelling interrogatory answers, including inferences that Respondent ERB did not conduct any look-for advertising and did not conduct any survey to show acquired distinctiveness.

Registration 68

Registration Advertising Advertising Design 68

The TTABlog

OCTOBER 6, 2023

Petitioner did not challenge any of the evidence showing display of the RASCAL HOUSE marks on Jerry's Deli menus and on advertising while the RASCAL HOUSE restaurants were operating. The Board found that Jerry's evidence purporting to show use of the three marks for restaurant services failed to pass mustard muster.

Branding 69

Branding Branding Brands Advertising 69

BYU Copyright Blog

OCTOBER 25, 2021

LTF provided evidence of a current version of the bulldog, in use since 2008, along with a copyright registration and a trademark registration for the Bulldog. Bel-Mac allegedly uses its Bulldog logo on apparel, cups, and other products as well as advertisements such as billboards and its website.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 52

LexBlog IP

APRIL 5, 2023

The Design Rules underwent an amendment in 2008, pursuant to which the Locarno classification was officially adopted by India. Interestingly, some GUIs were granted registration by the Indian Patent Office prior to 2008 under Class 14-99 (titled as ‘Miscellaneous). GUI can positively influence customers to buy such products.

Registration 52

Registration Design Designs Public Domain 52

43(B)log

APRIL 17, 2023

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act. During times when Defendants “have failed to meet their commitments to Usana”—i.e.,

Advertising 40

Advertising Advertising Editing Litigation 40

Velocity of Content

APRIL 24, 2023

The latest NPR cuts were the deepest the network has made since the Great Recession in 2008. Confronting the Misinformation Society, asserts that the traditional reliance of media on advertising revenue is a broken business model that needs a re-boot. “I Pickard, author of Democracy Without Journalism?:

Journalism 52

Journalism Television Advertising Advertising 52

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

IPilogue

APRIL 28, 2022

While Canadian government officials seek to discourage anti-competitive behaviours, Canada’s Competition Act was last reviewed in 2008. In Canada, Google and Facebook pocket four-fifths of online advertising revenues, yet no laws have come in to stop them.

Television 72

Television Journalism Government Law 72

TorrentFreak

JULY 2, 2023

NIT eventually came up with the ‘ GMTA System ‘ that, among other things, was able to replace traditional advertising posters with digital versions displayed on a plasma screen. 2008 Criminal Investigation While Gary enjoyed business success and his growing online reputation, he was suddenly introduced to the downsides.

Business 145

Business Government Technology Advertising 145

43(B)log

AUGUST 11, 2021

In 1994 and 2008, citizen petitions to the FDA requested a cancer warning on cosmetic talc products; the FDA denied both because it “did not find that the data submitted presented conclusive evidence of a causal association between talc use in the perineal area and ovarian cancer.”

False Advertising 59

False Advertising Advertising Advertising Law 59

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

Greenspoon Marder LLP

OCTOBER 14, 2012

Patent and Trademark Office in 2008. Yves Saint Laurent, the company named for the famous French designer who passed away in 2008, designed a “monochrome” line of designer shoes that would have the same color throughout the whole shoe – sole and all. Louboutin was awarded a trademark for the shoes by the U.S.

Design 52

Design Designs Trademark Branding 52

LexBlog IP

FEBRUARY 1, 2023

The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 40

Advertising Advertising Branding Branding 40

The TTABlog

MARCH 12, 2024

In March 2018, Abundance filed its Section 1(a) application to register the mark, claiming use since 2008. The Board observed that, under Section 45 of the Trademark Act, a service mark is in use in commerce "(1) when it is used or displayed in the sale or advertising of services; and (2) the services are rendered in commerce."

Service Mark 53

Service Mark Registration Licensing Advertising 53

LexBlog IP

JANUARY 6, 2022

Unlike other search engines, which sell targeted advertisements based on individual user profiles, DuckDuckGo does not track individual consumers. Instead, the search engine makes money by delivering advertisements based on keywords used in a specific search without tracking the user behind the query.

Privacy 40

Privacy Advertising Advertising Blogging 40

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

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

According to Lifestyle Equities, BHPC products that were lawfully made, advertised, and distributed in the United States with the permission of the US rights owner are being marketed and sold by Amazon in the United Kingdom and the European Union, which is a kind of counterfeiting.

Trademark 59

Trademark Intellectual Property Branding Branding 59

43(B)log

FEBRUARY 21, 2022

However, consumers cannot make the quantity of cups advertised on the label if they use one tablespoon per cup. cannister of Folgers Classic Roast advertises that it makes up to 240 cups of coffee, which, according to the instructions, requires 240 tablespoons, or 1200 grams of ground coffee. 2008) (citing Burr v. cup—of coffee.

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