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

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

The IPKat

SEPTEMBER 23, 2023

In a recent judgment , the District Court of the Hague (the Court) found that Fruugo, an online marketplace, was not directly liable under trade mark law for the advertisement and sale, on its platform, of products which infringed the trade marks of Audi and Volswagen.

Advertising 132

Advertising Advertising IP Law 132

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 Design Designs 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

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

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

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

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 67

Branding Branding Brands Advertising 67

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 67

Service Mark Registration Licensing Advertising 67

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 Design 59

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

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 97

Trademark Branding Branding Brands 97

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 98

Advertising Advertising Reporting Designs 98

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 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 Designs 68

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. Therefore, ARSA claimed, it had priority of use dating back to 2008. The Board found that, beginning in 1999, applicant began selling its EUCALIN product in the United States.

Ownership 40

Ownership Litigation Registration Business 40

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

Garrigues Blog

JULY 11, 2022

The case started in October 2018, when the sponsor of the festival, in order to advertise that Golpes Bajos would be playing, decided to publish a poster on social media, which included the name and a photograph of the deceased lead singer of the band. Comparison with other earlier judgments by the Supreme Court.

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

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 104

Advertising Advertising Social Media Blogging 104

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 121

Trademark Advertising Advertising Trademark Law 121

Copyright Lately

JANUARY 29, 2024

provides a remedy against “[a]ny person who uses a deceased personality’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent.”

Registration 93

Registration Television Advertising Advertising 93

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 104

Reporting Copyright Infringement Advertising Advertising 104

Plagiarism Today

OCTOBER 26, 2021

Though an argument can be made that the company is already causing confusion by selling such a similar costume (Disney made this argument in 2008 when it sued and later settled with a costume company selling costumes similar to Disney characters), it would be considerably worse if they used the name Beetlejuice.

Trademark 252

Trademark Copyright Cease and Desist Copying 252

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

43(B)log

OCTOBER 31, 2022

Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. Dastar doesn’t clearly bar false advertising §43(a)(1)(B) claims in general, but it does bar the claim as pled here: “a copyright claim repackaged under a trademark statute.” Sybersound Recs., 3d 1137 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Licensing 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 109

Publishing Social Media Copyright Infringement Copyright 109

Technology & Marketing Law Blog

JULY 9, 2022

. “the underlying communication created by a third-party, a Match.com user, is truly ‘the specific harmful material at issue,’ not the automatically generated advertisement sent by Match.” ” The court rebuffed the FTC’s attempt to distinguish Dyroff. ’”. . ” The FTC cited Anthony v.

Advertising 130

Advertising Advertising Publishing Blogging 130

Technology & Marketing Law Blog

FEBRUARY 14, 2024

MySpace case from 2008 and its progeny (assuming the Doe case is still good law in the Fifth Circuit, which isn’t guaranteed ). Even if the new definition applied, the court questions if GMB was the one to “advertise and offer” the boat, as opposed to Chaves: it is Chaves who places the advertisement on GMB’s website.

Contracts 86

Contracts Advertising Advertising Privacy 86

The IPKat

NOVEMBER 10, 2024

Advertisement in the 12 October 1977 edition of The Australian Women’s Weekly for Moccona Cantarella also argued that the KDE shape mark was entered on the Register "as a result of fraud, false suggestion or misrepresentation". However, the Court considered the Cantarella jar to be "relatively plain".

Branding 64

Branding Branding Brands Advertising 64

Indiana Intellectual Property Law

DECEMBER 23, 2022

April 29, 2008. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). Registration No. Registration Date. OPTISELECT. May 16, 2017. September 14, 2004. April 9, 2019. January 6, 2015.

Trademark 52

Trademark False Advertising Patent Registration 52

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.

Advertising 59

Advertising Advertising False Advertising Business 59

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 124

False Advertising Privacy Publishing Advertising 124

43(B)log

JANUARY 17, 2023

False advertising: Sybersound Recs., 2008), held that misrepresentations about copyright licensing status did not relate to the “nature, characteristics, and quality” of a good under §43(a)(1)(B), unlike “the visual and audio quality of the good.” 3d 1137 (9th Cir.

False Advertising 59

False Advertising Ownership Copyright Copying 59

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 6:08-cv-42-Orl-19GJK, 2008 WL 2704404 at *24 (M.D. July 8, 2008). See, e.g., E-Ventures Worldwide, LLC v. Google, Inc. , 3d 1265 (M.D. 2016); Nat’l Numismatic Certification, LLC v. eBay, Inc. ,

False Advertising 141

False Advertising Contracts Editing Advertising 141

IP and Legal Filings

SEPTEMBER 12, 2024

2] Adidas vs. Payless ShoeSource: This 2008 case highlighted the importance of protecting a trademark within the fashion industry. Its reputation across the globe and exposure of Indian consumers through advertisements in foreign magazines were taken note of by the court.

Branding 94

Branding Branding Brands Trademark 94