The IPKat

NOVEMBER 23, 2024

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). Her management team set up a web-store by 24 September 2008 to advertise and sell such merchandise.

Cease and Desist 71

Cease and Desist Registration Branding Branding 71

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 139

Music Copyright Infringement Licensing Copyright 139

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

The IP Law Blog

SEPTEMBER 22, 2022

The Ninth Circuit began by recognizing that a product’s design like “distinctive names, logos, packages or labels” may have developed a “source-identifying appearance.” Art Attacks Ink, LLC v. 3d 1138, 1145 (9 th Cir. The expert opined that this “strongly suggests that P&P’s trade dress acquired secondary meaning.”

Copying 98

Copying Marketing Marketing Advertising 98

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

The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Designs 52

Designs Design Registration Music 52

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Over time, the trademark underwent five changes before returning to its original form in 2009.

Trademark 94

Trademark Branding Branding Brands 94

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. The Composite Design Mark registration specifically acknowledged that it made “no claim. apart from the mark as shown.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

IP and Legal Filings

SEPTEMBER 2, 2021

Trademarks, industrial designs, and domain names are examples of IPs interrelated to multiple aspects of the Olympic games. This implies that the Treaty prevents the usage of the Olympic symbol on any goods, advertisements or websites that are unaccredited by the IOC. This Olympic torch was protected as an industrial design.

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 52

43(B)log

AUGUST 18, 2022

However, Black & Decker did not in fact design, manufacture, distribute, or warrant the coffeemaker. 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 Brands 64

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. according to their website, was formed by Monte McClung in 2009 after a 20 year Career at Gema. The Design Patents are for a variety of powder guns and spray equipment.

Trademark 40

Trademark False Advertising Patent Registration 40

SpicyIP

OCTOBER 16, 2023

The court held that the defendant’s advertising falls under the ambit of permissible comparative advertising, rejecting the plaintiff’s claims and emphasized on a competitor’s right to prevent disparagement while allowing reasonable product promotion. Tejaswini writes on this development. Image from here Raytheon Company v.

Due Diligence 59

Due Diligence Invention IP Copyright 59

43(B)log

MARCH 20, 2023

The state alleged that Plavix was less effective in patients who had certain liver-enzyme mutations, and that defendants knew this fact years before 2009, when the FDA updated Plavix’s label with information about the issue. In 2009, a BMS employee wrote: [I]t looks like we are into stalling some more.

Law 45

Law Advertising Advertising Journalism 45

LexBlog IP

SEPTEMBER 22, 2022

The Ninth Circuit began by recognizing that a product’s design like “distinctive names, logos, packages or labels” may have developed a “source-identifying appearance.” 3d 1138, 1145 (9 th Cir. ” The Court found it significant that the two games are identical except for the logs displayed on the product.

Copying 52

Copying Marketing Marketing Advertising 52

SpicyIP

MAY 20, 2024

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit.

Trademark 45

Trademark Advertising Advertising Copyright 45

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

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. with highest honors from the Georgia Institute of Technology in 2009. She received her J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

IIPRD

FEBRUARY 23, 2021

General Motors pledged its “Green Technology” patents for a period of 2 years when it faced bankruptcy in 2009. Masai is an international player in the footwear industry engaged in designing, marketing, and distributing shoes. They were able to invest in IP protection, research and development, and advertising.

IP 40

IP Intellectual Property Business Branding 40

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. While keyword advertising uses trademarked words to divert customers, cybersquatting involves acquiring domain names to benefit from trademarks.

Trademark 95

Trademark Social Media Advertising Advertising 95

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

IP and Legal Filings

MAY 3, 2023

The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” Both engaged in fierce competition for Yellow Pages advertising. It was written with a distinct style and message. 1] [1916] 2 Ch 601. [2] 4] 499 U.S.

Copyright 96

Copyright Public Domain Copying Publishing 96

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

Technology & Marketing Law Blog

JULY 17, 2023

Under §1114 (1)(a), liability hinges on both use in commerce and one of the following activities: The “sale, offering for sale, distribution, or advertising of any goods or services.” 2009) that Google’s sale of trademarks as search engine keywords was a use in commerce. Google Inc. In Jack Daniel’s Properties, Inc.

Blogging 75

Blogging Trademark Litigation Law 75

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. For example, in February 2021, Minnesota lawmakers introduced a new bill, SF 990 , designed to expand Minnesota consumers’ access to biosimilars.

Litigation 52

Litigation Settlement Patent Marketing 52

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 119

False Advertising Advertising Advertising Law 119