43(B)log

DECEMBER 15, 2023

CV 09-02235 ABC PLAX, 2009 WL 8714439, at *1 (C.D. June 23, 2009), found that the use of “original” to describe a board game was actionable because it was about first physical manufacture, not creation of the idea. Zobmondo Ent. Imagination Int’l Corp., The court here disagreed.

False Advertising 45

False Advertising Advertising Advertising Intellectual Property 45

Copyright Lately

JULY 12, 2021

Baron Cohen argues that the use of his name and likeness in a cannabis advertisement (which he’d never agree to) would have commanded a much higher amount. In 2009, Woody Allen settled a right of publicity and Lanham Act lawsuit for $5 million after his likeness from “Annie Hall” was used on a billboard for American Apparel.

Copyright 85

Copyright Advertising Advertising Settlement 85

The IPKat

JUNE 11, 2022

It was also noted that this conclusion was reached by the BoA without deeming it necessary to assess whether sales figures for iMac computers since 2009 were sufficient to demonstrate genuine use of the marks. On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9.

Advertising 97

Advertising Advertising Reporting Registration 97

The IPKat

SEPTEMBER 22, 2022

According to the Court, the advertising and promotional activities for the marks relating to hotel and ancillary services constitute acts of use of an EU trade mark. For the most part, when looking for a hotel room, Merpel does not look for "standard" services. The EU trade mark was registered in 2011.

Advertising 40

Advertising Advertising Intellectual Property Marketing 40

43(B)log

FEBRUARY 26, 2024

This was the first of USC Rossier’s online degree programs and went live in June 2009; 2U received an undisclosed percentage of the tuition revenue. From the 2009 rankings to the 2010 rankings, USC Rossier’s reported acceptance rate dropped 40 percentage points (from 50.7% to 10.5%), and its ranking rose 16 places (from #38 to #22).

Advertising 59

Advertising Advertising False Advertising Marketing 59

The TTABlog

MARCH 17, 2022

In 2009, Viacom let lapse its registration for DOUBLE DARE for production and distribution of a children's game show. Applicant Armstrong contended that Viacocm abandoned the DOUBLE DARE mark between 2009 and 2018, and so Armstrong filed its intent-to-use application in January 2018. Reruns followed.

Television 61

Television Social Media Trademark Registration 61

SpicyIP

NOVEMBER 2, 2021

Accepted & Advertised. Advertised before acceptance. Once the dataset was built, we segregated examination reports on basis of whether the mark was accepted or whether it was objected to. Exam Report Issued. Rectification Filed. Registered. Under Division.

Reporting 126

Reporting Trademark Advertising Advertising 126

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

Technology & Marketing Law Blog

JUNE 4, 2024

Same thing with the Lori Drew prosecution from 2009). However, if you’re an old-timer like me, you’ll recognize how this exact argument was tried–and failed–in Noah v. AOL from 2003, a case I still include in my Internet Law casebook.

Contracts 98

Contracts Design Designs Publishing 98

TorrentFreak

JULY 21, 2022

Founded in 2009 and based in Sweden, Epidemic Sound has a library of more than 35,000 music soundtracks and 90,000 sound effects. Epidemic says Meta is generating revenue on the back of this infringement but thus far, Meta hasn’t obtained a license or shared any portion of its advertising revenue with the music company.

Music 145

Music Copyright Infringement Licensing Copyright 145

43(B)log

JULY 1, 2022

Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Omissions and inactions of this sort do not constitute either ordinary advertising or “a systematic communicative endeavor to persuade possible customers to buy the seller’s product.” John Daly Enters.,

Advertising 59

Advertising Advertising False Advertising Public Use 59

SpicyIP

JULY 22, 2024

1375/DELNP/2009), which was refused by the patent office under Section 3(b) as it could potentially be used for unauthorised printing of currency and securities. If a domestic law thereafter prohibits the sale, use, etc., of that invention, the invention should be made subject to that, but that stage comes much later.

Invention 110

Invention Patent Patent Application Government 110

LexBlog IP

JULY 5, 2023

On 28 June 2023, Coimisiún na Meán ( CnaM ) launched a consultation on the designation of video-sharing platform services ( VSPSs ) under the Online Safety and Media Regulation Act 2022 (the OSMR ), amending the Broadcasting Act 2009. It also requires Member States to ensure that VSPSs comply with advertising standards.

Designs 52

Designs Design Advertising Advertising 52

Likelihood of Confusion

SEPTEMBER 28, 2024

Originally posted 2009-01-22 13:31:48. Republished by Blog Post Promoter Working from home today after a bruising few weeks at work (see yesterday’s post!), I finally figured out what was going on with banner ads on my Internet browsing. It raises an interesting question about Internet-related copyright and trademark law.

Trademark Law 52

Trademark Law Blogging Trademark Copyright 52

IP and Legal Filings

JUNE 12, 2023

sought an interim injunction against Hindustan Coco-Cola for infringement of their copyright on ‘Yeh Dil Maange More’ which was used by Hindustan Coco-Cola as ‘Kyo Dil Maange No More’ in their advertisement. Vipul Amrutlal Shah (2009) and MRF Limited v. Hindustan Coca Cola Ltd, wherein the Pepsi Co. s commercial.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

LexBlog IP

DECEMBER 11, 2023

15/2009 on Tobacco Control, Cabinet Decision No. 15/2009 on Tobacco Control: Article 1: The law defines “Tobacco Products” as anything made from tobacco leaves, whether it is the whole leaf, chopped pieces, or mixed with other substances. Strict regulations on tobacco and vaping advertisements. Federal Law No.

Law 52

Law Designs Design Advertising 52

43(B)log

NOVEMBER 8, 2021

ThermoLife’s website also advertises its “Patented Nitrate Technology.” (DE But a factfinder could conclude that “the challenged advertising statements are material in that the statements involve inherent qualities or characteristics of the CRTN-3 product that could influence a consumer’s decision to purchase the product.”

Patent 45

Patent Advertising Advertising Licensing 45

The TTABlog

SEPTEMBER 15, 2023

As to the second factor, the evidence included advertising for Applicant’s product stating that the "hex pattern" is a means of keeping the polishing pad cooler when polishing surfaces. Buff and Shine claimed use of the proposed mark since at least 2009, but it offered no "look for" advertising directing consumer attention to the design.

Designs 56

Designs Design Advertising Advertising 56

43(B)log

SEPTEMBER 26, 2021

No decision I have found fully addresses what standing limits there are on Article I courts; the Court of Federal Claims applies Art. III standing requirements despite being an Article I court, e.g., Weeks Marine, Inc. United States, 575 F.3d 3d 1352, 1359 (Fed. Apparently there is a dispute over whether Art. III applies in bankruptcy court.)

Law 83

Law Art False Advertising Advertising 83

IP and Legal Filings

JANUARY 5, 2023

The plaintiff has made various efforts to make their trademark famous like advertising and has hosted various sports and cultural events including international cricket matches. The plaintiff by these advertisements has gained a big market all over the world. COURT’S DECISION.

Trademark 98

Trademark Branding Branding Brands 98

IP and Legal Filings

AUGUST 22, 2022

In 2009, there was a draft revision to the media law which was circulated. The circulars were released by the competent authority regarding the clarification of rules on advertisements to use a non-vague language and the restrictions on how to advertise health-related products and drugs.

Social Media 52

Social Media Publishing Law Government 52

The IP Law Blog

SEPTEMBER 22, 2022

The Ninth Circuit noted that courts should consider a number of factors, including “direct consumer testimony; survey evidence; exclusivity, manner and length of use of a mark; amount and manner of advertising; amount of sales and number of customers; established place in the market; and proof of intentional copying by the defendant.”

Copying 98

Copying Marketing Marketing Advertising 98

IP and Legal Filings

SEPTEMBER 14, 2023

One of the early high-profile incidents of greenwashing is the infamous ‘Dieselgate’ of 2009 in which Volkswagen launched “clean diesel” cars just by installing a software to evade emission tests, which was later busted by the United States, Environmental Protection Agency.

Brands 98

Brands Branding Branding Trademark 98

SpicyIP

MAY 10, 2023

1055/DELNP/2009 for the invention –“Process Device with Density Measurement” and the subsequent rejection order (dt July 7, 2017) passed by the Controller. The T hree Orders Now, let’s look at the three cases in hand. Rosemount Inc.

Trademark 126

Trademark Invention Patent Art 126

43(B)log

AUGUST 28, 2024

Premier sold Joint Juice for treating/preventing joint pain; a jury found it liable to a consumer class for false advertising under NY law; and the district court awarded statutory damages to the class, but cut them by over 90%. Thus, the district court did not err by declining to instruct the jury on the safe harbor provision.

Law 59

Law Advertising Advertising False Advertising 59

DuetsBlog

JUNE 15, 2020

Rapala’s “More Hits Than Google” Billboard Update (Photo Included) (2009). And, by the way, what is your all-time favorite from the annual Rapala line up that we’ve been covering for a dozen seasons now (minus 2019, given my move)? Good Bye Google, Hello Whudjagiddumon? Rapala Taunts a Monster? Rapala: Happy Fishing on Mother’s Day (2012).

Registering Trademarks 52

Registering Trademarks Trademark Brands Branding 52

IP and Legal Filings

JANUARY 19, 2023

Additionally, cryptocurrency advertisements are not allowed, and key words associated with them are tracked. There is some debate over the effectiveness of these capital controls because, according to some analysts, capital flight increased significantly between 2009 and 2018.

Government 97

Government Marketing Marketing Business 97

IP Tech Blog

APRIL 17, 2023

Confirmation on Demand The Draft Amendment to the Trademark Law (Article 18) finally codifies the established practice that well-known status is neither a one-time decision by a higher administrative body (as it used to be before 2009) nor a permanent state.

Trademark Law 57

Trademark Law Trademark Law Branding 57

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.” 3d 1137 (9th Cir. Baden Sports, Inc.

False Advertising 45

False Advertising Advertising Advertising Licensing 45

LexBlog IP

MARCH 15, 2024

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. From the decision: “Left untouched, pure gold is yellow. ” Plaintiff alleged that it has used the mark RED GOLD on watches since 1989.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

The IPKat

JUNE 12, 2023

KG (‘Hugo Boss’) owns EU trade mark BOSS , registered on 29 January 2009, inter alia, for ‘clothing for men, women and children’ in class 25. A recent judgment from the Higher Regional Court of Hamburg shows that the CJEU’s case law on this issue is not unequivocal. Background HUGO BOSS Trade Mark Management GmbH & Co. 9(2)(c) EUTMR.

Art 86

Art Marketing Marketing Advertising 86

43(B)log

AUGUST 18, 2022

The district court certified a class of those who purchased the coffeemaker at a New Mexico Wal-Mart store from 2009 to 2013, approximately 40,600 members. The coffeemaker evidently proved unsatisfactory, and the Pumas sued.

Trademark 64

Trademark Licensing Branding Branding 64

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.

Law 97

Law Licensing Government Advertising 97

LexBlog IP

APRIL 17, 2023

Confirmation on Demand The Draft Amendment to the Trademark Law (Article 18) finally codifies the established practice that well-known status is neither a one-time decision by a higher administrative body (as it used to be before 2009) nor a permanent state.

Trademark Law 52

Trademark Law Trademark Law Branding 52

The IP Law Blog

JANUARY 11, 2024

He turned 18 in 2009. Elden’s operative complaint alleges that the cover of Nevermind depicting him in the nude constitutes child pornography and that the defendants “knowingly possessed, transported, reproduced, advertised, promoted, presented, distributed, provided and obtained” this alleged child pornography depicting Mr. Elden.

Law 62

Law Copyright Infringement Music Advertising 62

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. It was thus barred from equitable relief for its trademark infringement, false advertising, and state deceptive trade practices claims.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Indiana Intellectual Property Law

DECEMBER 23, 2022

according to their website, was formed by Monte McClung in 2009 after a 20 year Career at Gema. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). The Defendant, First in Finishing, Inc., First in Finishing, Inc.’s

Trademark 40

Trademark False Advertising Patent Registration 40