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

IP and Legal Filings

APRIL 12, 2023

However, the Delhi High Court recently declared that the stylized “H” mark of French luxury brand Hermes International qualifies as a “well-known trademark” under the terms of section 2(1)(zg) of the Trademark Act, 1999 (hereinafter, the act). This is the extra protection that a brand obtains after being named Popular. 264/2008. [vi]

Trademark 98

Trademark Brands Branding Branding 98

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

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). The amended opinion adds a brand new section independently dismissing the claim on its lack of merits. Google, Inc. ,

False Advertising 141

False Advertising Contracts Editing Advertising 141

IP Tech Blog

OCTOBER 20, 2021

Prize draws and promotions are a popular choice for brands to engage with its consumers, particularly through online social media platforms. 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.

Advertising 57

Advertising Advertising Social Media Brands 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.

Brands 69

Brands Branding Branding Advertising 69

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 Brands Branding 48

IP and Legal Filings

SEPTEMBER 20, 2023

The Trademarks Act 1999- The Act intends on protecting the name of the brand by registering the trade name of the brand, hence eliminating the possibility of any other person using it without facing consequences. Visibly, the most imitated brands around the world are Gucci, Louis Vuitton, Chanel, Michael Kors, Coach, Nike, Rolex etc.

Designs 105

Designs Design Copyright Copyright Infringement 105

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 120

Reporting Copyright Infringement Advertising Advertising 120

LexBlog IP

OCTOBER 20, 2021

Prize draws and promotions are a popular choice for brands to engage with its consumers, particularly through online social media platforms. 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.

Social Media 52

Social Media Advertising Advertising Brands 52

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. Hilti was authorized to use the UL mark on its label through UL’s Multiple Listing service, which basically allows one product to piggyback off another identical product that is sold under another brand name.

False Advertising 59

False Advertising Advertising Advertising Designs 59

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.

Designs 52

Designs Design Trademark Brands 52

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 Brands Branding 59

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 Brands Branding 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 52

Trademark Intellectual Property Brands Branding 52

The IPKat

NOVEMBER 20, 2023

In his inaugural season, he finished runner-up; in 2008, he won his first title to become the then-youngest ever Formula 1 World Champion. The BoA concluded that consumers could believe that the contested application is a sub-brand of the earlier mark. Lewis Hamilton joined Formula 1 in 2007. 128 et seqq.).

Art 107

Art Branding Brands Branding 107

The TTABlog

AUGUST 15, 2022

Branded, LLC , 2022 USPQ2d 742 (TTAB 2022) [precedential] (Opinion by Judge Marc A. It noted that Branded "failed to introduce any credible documents showing use of the OLD SCHOOL mark to identify clothing or sale of clothing." Nor was there any evidence of advertising. Vans, Inc. See Cerveceria , 10 USPQ2d at 1069.

Registration 40

Registration Cease and Desist Brands Branding 40

Herbert Smith Freehills

DECEMBER 8, 2022

Whereas they may restrict intra-brand competition or the ability to price differentially, they do not restrict inter-brand competition, where different products compete against each other, and it is therefore necessary to consider their anti-competitive effects on a case-by-case basis.

Social Media 52

Social Media Brands Branding Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

Whereas they may restrict intra-brand competition or the ability to price differentially, they do not restrict inter-brand competition, where different products compete against each other, and it is therefore necessary to consider their anti-competitive effects on a case-by-case basis.

Social Media 52

Social Media Brands Branding Branding 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

cum laude , in computer science and business from Lehigh University in 2008. Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

IP and Legal Filings

FEBRUARY 16, 2023

As a result of this, the consumer start recognising the product due to its strong reputation and constant quality which helps the producer itself, this helps to determine the origin of goods or services provided by a producer or the service provider and functions as an advertising tool. vs. M/s Kellog Co. [ii] Co Pvt Ltd. M/s Kellog Co., [TRA/159/2004/TM/DEL]

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

SpicyIP

NOVEMBER 8, 2023

The Recording of Court Proceedings in 2008: In October 2008, Mihir discussed a case in the Supreme Court that considered recording its proceedings as a move toward judicial transparency. A brand owner’s injunction now depends on the ad’s content, checking if the same confuses or causes blurring or tarnishment.

Trademark 59

Trademark Publishing Journalism Copyright 59

IP and Legal Filings

JANUARY 10, 2023

The Metaverse provides vast opportunities for brands to venture into creation of new technologies. Class 35: – Section 35 signifies the virtual advertisements by the business and retail stores. Rockstar Videos, Inc, 2008 and TATA Sons V. IPR challenges in the Metaverse phase. In the case of E.S.S Entertainment 2000 Inc.

Intellectual Property 59

Intellectual Property Invention Trademark Government 59

The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing.

Branding 75

Branding Brands Branding Litigation 75

IP and Legal Filings

JANUARY 26, 2023

But a prominent bar to such registration shall appear when the colour would be used in relation to a product denoting the quality or function of the product [28] —for example, registration of the colour ‘red’ for a brand of apple juice. 28, 2008, at 23- 28 as cited in Dev Gangjee, Non-Conventional Trade Marks in India , 22.1

Registration 98

Registration Trademark Trademark Law Law 98

IP Whiteboard

NOVEMBER 18, 2020

In 2008, Sydney Cabs and Manly Cabs entered a Business Sale Agreement ( BSA ) which stated that Sydney Taxis would obtain certain telephone numbers of Manly Cabs at completion but did not describe the mechanism by which this was to occur ( Disputed Numbers ). Sydney Taxis operated a radio room and call centre for both Manly Cabs and RSL Cabs.

Brands 40

Brands Branding Branding Business 40

LexBlog IP

JULY 5, 2022

§ 102(a); see also Pride Family Brands, Inc. Secondary meaning may be established when a manufacturer can show that, in the minds of the public, the primary significance of a product feature or term is to identify the source of the product rather than the product itself. [22] Turner Heritage Homes Inc., 3d 1314, 1320 (11th Cir.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. In 2008, the company secured a patent for creating a “physiological footwear” which stimulates the body’s supporting system.

IP 40

IP Intellectual Property Business Brands 40

Above the Fold

JULY 5, 2022

102(a); see also Pride Family Brands, Inc. Secondary meaning may be established when a manufacturer can show that, in the minds of the public, the primary significance of a product feature or term is to identify the source of the product rather than the product itself. [22] Turner Heritage Homes Inc., 3d 1314, 1320 (11th Cir. GFI , 193 F.3d

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Technology & Marketing Law Blog

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” Internet Brands case seemingly codified failure-to-warn as a 230 exclusion.

Blogging 118

Blogging Social Media Editing Designs 118

43(B)log

JULY 20, 2023

Ford advertised its Shelby GT350 Mustang as “track ready.” “But As for the facts: The Shelby is an upgrade of the standard Mustang and, importantly here, was advertised as “an all-day track car that’s also street legal.” Track-readiness was a central theme in Ford’s Shelby advertising. Tershakovec v. Ford Motor Company, Inc.,

Advertising 52

Advertising Advertising Law False Advertising 52

IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. Emerging technologies for better Trademark Protection Several challenges occur along the way as the companies establish their brand presence domestically and internationally.

Branding 105

Branding Brands Branding Technology 105

The IPKat

NOVEMBER 10, 2024

The trade mark is used to sell instant coffee under the MOCCONA brand name, notably jars of “Moccona Classic Medium Roast” (see example right). It sells coffee products, notably under its major brand, Vittoria, which launched in 1958 and was the highest selling brand by value in Australia in the bean and ground coffee market in 2023.

Brands 69

Brands Branding Branding Advertising 69

IP and Legal Filings

JANUARY 21, 2025

Consumers are vulnerable to deceptive advertising on TV and YouTube due to a lack of disclosure of all relevant information. Unfair Trade Practices across Different Kinds of Industries: The Pharmaceuticals Industry The conflict between manufacturers of name-brand and generic drugs has never been resolved.

Business 64

Business Law Advertising Advertising 64