SpicyIP

SEPTEMBER 16, 2024

Soon after Yogesh’s blog recent post ( here ) highlighting the change in the Head of the IT office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in light of a 27 August 2024 notification ( pdf ), it made sense to look at the broader issues that have been facing the CGPDTM. Prashant Reddy for his inputs on the post.]

Advertising 111

Advertising Advertising Reporting Designs 111

The TTABlog

MARCH 20, 2023

referred to as the "Ridge Designs"). 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 IPKat

NOVEMBER 23, 2024

1264761), which was registered in class 25 for "clothes" with a priority date of 29 September 2008. The trade mark application was filed by an Australian fashion designer, who was born Katie Jane Perry but has also gone by the names Katie Howell and Katie Taylor (called "Ms Taylor" in the judgment).

Cease and Desist 71

Cease and Desist Registration Branding Branding 71

TorrentFreak

MARCH 4, 2024

LibGen launched around 2008 as a digital version of the same concept. The site is designed to be user-friendly while remaining resilient to enforcement measures. This prompted the textbook publishers to move ahead and request a default judgment in their favor.

Publishing 120

Publishing Social Media Copyright Infringement Copyright 120

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 claimed that it didn’t design the label, but that defendant RectorSeal did the final design. This is the ‘false advertising instead of likely confusion’ analysis I mentioned.] §43(a)(1)(B):

False Advertising 59

False Advertising Advertising Advertising Designs 59

IP and Legal Filings

APRIL 12, 2023

However, registrar must be cautious to give a mark a status of well-known trademark because once a trademark is designated as well-known, no one else is permitted to use a mark that is even remotely comparable to it. 264/2008. [vi] 279/2008 in CS (OS) 41/2008. ii] The Trademarks Act, 1999, Section 2 (1) (zg).

Trademark 96

Trademark Branding Brands Branding 96

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. Natural Dog Acquisition LLC v. Pet Go Round of Greensboro , Cancellation No.

Law 52

Law Registration Designs Design 52

The TTABlog

OCTOBER 6, 2023

In accordance with the parties' stipulation, the case was divided into two stages, the first stage addressing the issue of whether Respondent Jerry's Famous Deli had ceased use (for purposes of Section 45) of the registered marks RASCAL HOUSE , WOLFIE COHEN’S RASCAL HOUSE , and the word-and-design mark shown below, for restaurant services.

Branding 69

Branding Brands Branding Advertising 69

Greenspoon Marder LLP

OCTOBER 14, 2012

For over a year Christian Louboutin, a famous French shoemaker, has been engaged in a lawsuit with French designer Yves Saint Laurent over Louboutin’s red-sole designer shoes. Patent and Trademark Office in 2008. By: Sharon Urias, Esq. Louboutin was awarded a trademark for the shoes by the U.S. Louboutin then appealed his case.

Designs 52

Designs Design Trademark Branding 52

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 ). It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. In that sense, this case is a natural follow-on to the uncited Doe v.

Contracts 98

Contracts Advertising Advertising Privacy 98

IP and Legal Filings

SEPTEMBER 12, 2024

Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. 2] Adidas vs. Payless ShoeSource: This 2008 case highlighted the importance of protecting a trademark within the fashion industry. FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Brands 91

Brands Branding Branding Trademark 91

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

Technology & Marketing Law Blog

JANUARY 23, 2024

Didion (2008) 160 Cal.App.4th Plaintiff visited the Mizzen and Main website on his mobile device, which advertised the company’s messaging program and offered a discount to customers who signed up for emails and texts. See Bruni v. — The other recent case that got my blood boiling was Derriman v. citation omitted).

Contracts 98

Contracts Blogging Advertising Advertising 98

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

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

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The Design Patents are for a variety of powder guns and spray equipment. April 29, 2008. They allege to be an Integrator of Gema Products, not a Gema Distributor.

Trademark 40

Trademark False Advertising Patent Registration 40

IP and Legal Filings

NOVEMBER 23, 2024

Finally, Apple uses its trademarks largely within its marketing strategies in such a way that they are displayed in advertisements, product packaging, and retail shops, which serves to sustain its high-tech and premium brand image. Recent developments include e-filing and expedited examination procedures designed to facilitate registration.

Branding 96

Branding Brands Branding Technology 96

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

Copyright Lately

NOVEMBER 22, 2023

Back in the late 70s, an insurance agent named Charles Rolfe asked Wesley Streeter, a taxidermist, to design a lightweight turkey decoy mold that could be reproduced and sold commercially. Not the stuff your vegan friend brings with her to Thanksgiving dinner, but hunting decoys.

Copyright 75

Copyright Copying Copyright Infringement Designs 75

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

43(B)log

JULY 6, 2022

The court rejected defendants’ arguments that the putative classes were too heterogenous for certification: Some of the identified differences – for example, differences in advertisements that the named plaintiffs or class members may have seen over time or differences in the amount of JUUL product purchased – are simply not material.

Social Media 59

Social Media Marketing Marketing Advertising 59

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

Copyright Lately

DECEMBER 28, 2022

The company has brought over 300 cases since 2017, often using copyrighted product images as a technical hook to shut down undesired resellers who advertise its products at below retail prices. In 2008, Morford’s concoction appeared for less than two seconds out of a nine minute YouTube video seen by fewer than 500 people.

Copyright 78

Copyright Art Licensing Social Media 78

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

Social Media 52

Social Media Branding Brands Branding 52

IP and Legal Filings

OCTOBER 22, 2024

This advertisement appears with a splash of color, a grandiose soundtrack, and the promise of “legendary rewards.” Sikkim being the first Indian state to have passed a law regulating internet gambling, the Sikkim Online Gaming (Regulation) Act, 2008. It might appear on your screen while watching a random YouTube video.

Due Diligence 52

Due Diligence Government Marketing Marketing 52

IP and Legal Filings

DECEMBER 17, 2024

Yahoo Incs three-note-yodel and ICICI bank corporate jingle stands out as these were the first registered non-conventional trademark in Indian Jurisdiction in the year 2008 and 2011 and by this Yahoo became the first approved sound trademark in India and ICICI bank marked the first approved sound trademark for an Indian Company. [1]

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

JANUARY 26, 2023

22] However, to remedy this caveat, the court propounded that designating a colour using an internationally recognised identification code (such as Pantone) will constitute a graphical representation, being precise and stable. [23] 28, 2008, at 23- 28 as cited in Dev Gangjee, Non-Conventional Trade Marks in India , 22.1

Registration 89

Registration Trademark Trademark Law Law 89

Trading Secrets

JUNE 3, 2022

“Accordingly, the concept was readily ascertainable by proper means, and Vita cannot establish that its conceptual design was a trade secret.” These features appeared in defendant’s own patent and could be seen in a variety of commercially available alternatives that were created prior to plaintiff’s conceptual design.

Law 59

Law Confidentiality Designs Design 59

IIPRD

FEBRUARY 23, 2021

Masai is an international player in the footwear industry engaged in designing, marketing, and distributing shoes. In 2008, the company secured a patent for creating a “physiological footwear” which stimulates the body’s supporting system. They were able to invest in IP protection, research and development, and advertising.

IP 40

IP Intellectual Property Business Branding 40

TorrentFreak

JANUARY 18, 2022

Our service is designed for a broad spectrum of clients: webmasters, SEO-optimizers, traders, businessmen and people, who care about their personal security,” the site read. VPNLab – 2008 to 2022. “VPNLab is a service providing your security on the Internet by encryption of original traffic.

Law 113

Law Advertising Advertising Privacy 113

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

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. 4) Social media “defective design” lawsuits go forward.

Law 111

Law Social Media Advertising Advertising 111

Technology & Marketing Law Blog

APRIL 27, 2022

This particular lawsuit targets Craigslist even though Craigslist shut down its adult services category in 2010, eight years before FOSTA was enacted, and some of the ads in question are from 2008 or before. In the latest ruling, the supervising judge responds to the magistrate’s R&R.

Blogging 119

Blogging Law Publishing Editing 119

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.” Publisher/Speaker Claims.

Blogging 118

Blogging Social Media Editing Designs 118

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. Materiality can also be relevant to whether class treatment is justified in a private FAL/UCL restitution action.

Advertising 59

Advertising Advertising Marketing Marketing 59

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

As for Twitter’s receipt of a benefit from the sex trafficking venture, the court says these allegations are good enough: the FAC contains detailed allegations about how Twitter monetizes content, including CSAM, through advertising, sale of access to its API, and data collection. Defective design (along the lines of Lemmon v.

Blogging 136

Blogging Publishing Social Media Advertising 136