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.

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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.

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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.,

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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. The resources page features videos and comprehensive advice, covering areas from marketing to dealing with unexpected events.

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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. Through a licensing agreement, Hilti also markets and sells the Firestop Box Insert based in part on that same patent. This is the ‘false advertising instead of likely confusion’ analysis I mentioned.] §43(a)(1)(B):

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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. This post was authored by C.

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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. The judgment made budget retailers realize the price they must pay for imitating established brands and stressed the virtue of originality in design, even within the lower end of the market. [3]

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IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. It gives the respective companies a competitive edge in a saturated market. Trademarks can be very important for businesses entering new markets. Trademarks encompass a substantial portion of the deal’s value.

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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. Apple appeared first on Technology & Marketing Law Blog. Apple, Inc. 2022 WL 4021776 (N.D.

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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).

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IP and Legal Filings

OCTOBER 22, 2024

This advertisement appears with a splash of color, a grandiose soundtrack, and the promise of “legendary rewards.” India, the second-largest online gaming market after China, is addressing its regulatory challenges. In 2023, India emerged as the biggest gaming market globally, with 568 million gamers and record-breaking 9.5

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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. Elliot v.

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The IPKat

NOVEMBER 10, 2024

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. the applicants have singled out the Moccona jar for special attention in their marketing activities.

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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.

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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.

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TorrentFreak

MARCH 4, 2024

LibGen launched around 2008 as a digital version of the same concept. By making textbooks available to students for free, rightsholders are losing revenue, which leads to lower payments for authors and devalues the market as a whole, the publishers complain. $30

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43(B)log

JULY 6, 2022

Marketing Sales Practices & Prods. Plaintiffs moved to certify four classes of purchasers of JUUL products on “theories that defendants’ marketing of JUUL was unlawfully deceptive, JUUL was unlawfully marketed to youth, and JUUL products are not fit for ordinary use.” In Re Juul Labs, Inc., I don't even have a RICO tag!

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Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses. Read more. . EU Commission and CMA focus on cooperation in the name of sustainability.

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Herbert Smith Freehills

DECEMBER 8, 2022

But in an interesting twist, the Competition Appeal Tribunal (CAT) has recently set aside the Competition and Markets Authority's (CMA’s) infringement decision in its Compare The Market investigation relating to use of wide MFN clauses. Read more. . EU Commission and CMA focus on cooperation in the name of sustainability.

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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). Vimeo appeared first on Technology & Marketing Law Blog. See, e.g., E-Ventures Worldwide, LLC v. Google, Inc. ,

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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.

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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. Being consumables, the cleaner bags are promoted independently on the market and sold at various locations. What is this component?

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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.

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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.

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43(B)log

FEBRUARY 21, 2022

In Re Folgers Coffee, Marketing Litig., 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.

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IP and Legal Filings

FEBRUARY 16, 2023

What Is Non-Use Of Trademark Eventually trademarks serve as effective marketing tools for their owners. The court in this case held that ‘use’ does not necessarily mean and imply actual physical sale; even mere advertisement without having even the existence of goods can be said to be a ‘use’ of the mark. Co Pvt Ltd. M/s Kellog Co., [TRA/159/2004/TM/DEL]

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SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Well, this wraps up our Octobers’ sift.

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IP and Legal Filings

NOVEMBER 10, 2024

For instance, the fantasy cricket company Dream11, launched in 2008, was perhaps one of the first sites that popularized fantasy cricket in India and today has more than 150 million users. An uncertain approach by different states to regulations is a hindrance in the fantasy sports market.

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IP and Legal Filings

JANUARY 10, 2023

These new technologies will lead to new behavioral changes and these new activities would power new markets that no one can predict at present. Class 35: – Section 35 signifies the virtual advertisements by the business and retail stores. Rockstar Videos, Inc, 2008 and TATA Sons V. IPR in Metaverse. In the case of E.S.S

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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. In 2014, Lewis Hamilton was ranked ‘the most marketable athlete’. There is no doubt that, within racing motor sports, Lewis Hamilton is a famous person. Lewis Hamilton joined Formula 1 in 2007.

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IP and Legal Filings

FEBRUARY 26, 2024

Today, the prevalence of such activities can be seen in online rummy advertisements on social media and the 2013 IPL match-fixing scandal. Sikkim stands as the only state with an online gambling statute, the Sikkim Online Gaming (Regulation) Act, 2008, and the Sikkim Online Gaming Rules, 2009.

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Above the Fold

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. As with all intellectual property tools, careful consideration should be taken when assessing a particular product’s copyright status. Scenario 2: Protecting Novel Designs by Patent.

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LexBlog IP

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. As with all intellectual property tools, careful consideration should be taken when assessing a particular product’s copyright status. ” [8]. Hagen (USA) Corp. , § 173.

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Garrigues Blog

SEPTEMBER 29, 2021

Supreme Court Judgment no. 369/2009 of 21 May 2009 ruled in support of this theses, even if it did not implement the Spanish trademark regulation.

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Technology & Marketing Law Blog

JULY 25, 2021

In 2008, it launched its successful “Align” yoga mat line. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. Consistent with that, Aliign is spending more marketing dollars to appeal this lawsuit to the Ninth Circuit. Google cases. Greenberg v.

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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.

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The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. Is Amazon using the marks itself where third parties market their goods on its platform? The judge was very much in the former camp. But would a more forgiving approach be fairer?

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