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. Preventing consumer misunderstanding and protecting the goodwill associated with a brand are two of the core trademark law concepts that predate the internet era.

Trademark 98

Trademark Social Media Advertising Advertising 98

SpicyIP

SEPTEMBER 8, 2024

Overall, with layers of intrigue, secrecy, and questionable practices, the complex relationship between IP law, CSIR, and the ever-present quest for accountability is worth remembering when thinking of the larger scheme of IP things. IP, trade, and Customs: As I trawled through the past posts, a 2009 post caught my attention: ‘twas Prof.

Advertising 111

Advertising Advertising IP Patent 111

IP Tech Blog

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. 32 of the Trademark Law requires that no trademark shall be registered if it collides with a prior unregistered mark that has acquired a certain or high reputation in China.

Trademark Law 57

Trademark Law Trademark Law Branding 57

The IPKat

NOVEMBER 30, 2023

The Law on GIs in Singapore Prosecco as a plant variety? Furthermore, it was only after Italy claimed 'Prosecco' as a protected designation of origin that the EU declared the 'Prosecco' grape variety would be renamed as 'Glera' in 2009. The case concerned the registration of 'Prosecco' as a GI in Singapore.

Registration 135

Registration Advertising Advertising Law 135

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%. NY law does not require a price premium or a physical injury. million, along with roughly $4.5

Law 59

Law Advertising Advertising False Advertising 59

43(B)log

DECEMBER 15, 2023

Dastar explicitly stated that the Lanham Act “does not exist to reward manufacturers for their innovation in creating a particular device” and that the Act’s “common law foundations. CV 09-02235 ABC PLAX, 2009 WL 8714439, at *1 (C.D. were not designed to protect originality or creativity.” “Yet Zobmondo Ent. Imagination Int’l Corp.,

False Advertising 45

False Advertising Advertising Advertising Intellectual Property 45

LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. 32 of the Trademark Law requires that no trademark shall be registered if it collides with a prior unregistered mark that has acquired a certain or high reputation in China.

Trademark Law 52

Trademark Law Trademark Law Branding 52

SpicyIP

JULY 22, 2024

Also, as a signatory to the Paris Convention (Article 4quater) and TRIPS agreement (Article 27), India must not refuse patents solely because products are restricted under domestic law, as emphasised by these agreements. If a domestic law thereafter prohibits the sale, use, etc.,

Invention 110

Invention Patent Patent Application Government 110

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. This blog post will hit some of the highlights.

Television 61

Television Social Media Trademark Registration 61

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

Likelihood of Confusion

SEPTEMBER 28, 2024

Originally posted 2009-01-22 13:31:48. It raises an interesting question about Internet-related copyright and trademark law. 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.

Trademark Law 52

Trademark Law Blogging Trademark Copyright 52

IP and Legal Filings

JANUARY 5, 2023

The origins of trade mark law can be traced back to the industrial revolution in the 18th century which is when the world experienced an explosion in the use of trade marks with the heightened production of goods and the acceleration of international trade. The article will highlight the same with the case law. INTRODUCTION.

Trademark 98

Trademark Branding Branding Brands 98

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

LexBlog IP

DECEMBER 11, 2023

Introduction The UAE has implemented laws and regulations to control and regulate the consumption of tobacco and tobacco-related products, including vaping, which refers to the use of electronic nicotine products. 15/2009 on Tobacco Control, Cabinet Decision No. 24/2013, and Federal Law No. 24/2013, and Federal Law No.

Law 52

Law Designs Design Advertising 52

IP and Legal Filings

AUGUST 22, 2022

The primary source of law with respect to the media sector in the UAE is Federal No. The Media Law is considered to be out of date owing to its evident focus on print and not digital media. In 2009, there was a draft revision to the media law which was circulated. 15 of 1980 Concerning Publications and Publishing.

Social Media 52

Social Media Publishing Law Government 52

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. In addition to rights of the author, German copyright law also recognises related rights. Related rights.

Related Rights 52

Related Rights Law Copyright Copying 52

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

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. It may also be helpful to see how other jurisdictions have treated the defense of “reporting current events” in Copyright law. In Ashdown v.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

The IP Law Blog

SEPTEMBER 22, 2022

In March 2019, P&P sued Johnson Enterprises for trade dress infringement under section 43(a) of the Lanham Act and unfair competition under California law. The two games look nearly identical in color, style and size and apparently differ only in the respective logos at the top of each game. Art Attacks Ink, LLC v.

Copying 98

Copying Marketing Marketing Advertising 98

43(B)log

NOVEMBER 8, 2021

1125(a), common law unfair competition, and false patent marking. ThermoLife’s website also advertises its “Patented Nitrate Technology.” (DE 2009) and Robert Bosch LLC v. 2009), to argue that they weren’t covered by the Lanham Act. BPI Sports, LLC v. ThermoLife Int’l, LLC, 2021 WL 4972975, No. 19-60505-CIV-SMITH (S.D.

Patent 45

Patent Advertising Advertising Licensing 45

The IPKat

JUNE 12, 2023

A recent judgment from the Higher Regional Court of Hamburg shows that the CJEU’s case law on this issue is not unequivocal. 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. Background HUGO BOSS Trade Mark Management GmbH & Co.

Art 86

Art Marketing Marketing Advertising 86

IP and Legal Filings

MAY 3, 2023

In law, the quality of an idea’s expression is given more weight. Because they were created by the authors, the exam questions are unique in the sense of copyright laws. Both engaged in fierce competition for Yellow Pages advertising. Yet the Act does not define what “original” clearly means. can have copyright.

Copyright 98

Copyright Public Domain Copying Publishing 98

Patently-O

DECEMBER 11, 2023

We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link]. In addition, conduct that may be consistent with the copyright laws nevertheless may violate Section 5. That is far too hasty.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

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

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

IP and Legal Filings

SEPTEMBER 2, 2021

However, it is unknown to many that a significant amount of money and laws are in place to protect various Intellectual Property assets related to 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.

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 52

Garrigues Blog

SEPTEMBER 29, 2021

Both Spanish and European trademark laws and case law have shed some light in this regard. 369/2009 of 21 May 2009 ruled in support of this theses, even if it did not implement the Spanish trademark regulation. However, there are still some grey areas clouding this issue. Supreme Court Judgment no.

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

43(B)log

MARCH 20, 2023

15, 2023) The state sued two pharmaceutical companies for violating Hawai‘i’s Unfair or Deceptive Acts or Practices law (UDAP) by misleading the public about the safety and efficacy of their antiplatelet drug, Plavix. In 2009, a BMS employee wrote: [I]t looks like we are into stalling some more. Bristol-Myers Squibb Co.,

Law 45

Law Advertising Advertising Journalism 45

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

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

The IPKat

AUGUST 8, 2023

Background In 2009, S. Therefore, the BoA applied the case law on signs consisting of the shape of a product, may they be two- or three-dimensional. On the issue of distinctiveness, it is unclear why the case law on product shape marks should not apply, just because Tous’ trade mark can be used on packaging etc. 119 et seqq.):

Art 52

Art Law Advertising Advertising 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

magna cum laude , from George Mason University School of Law in 2014 and his B.S., Dr. Caleb Bates focuses his practice on intellectual property law, with an emphasis on patent prosecution, strategic counseling, and worldwide patent portfolio management in the pharmaceutical and biotechnology fields. He received his J.D.,

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

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. Laches also applied to the state law deceptive trade practices claim. Here the court considers acquiescence and laches.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

LexBlog IP

APRIL 11, 2022

The first cases were from 2009 , after which the FTC followed up by sending 78 warning letters to retailers about such bamboo claims , with a synopsis letter (sound familiar?) Wonky point of fact: Most specific laws the FTC enforces allow penalties by their terms. More on this in the next blog in this series.)

Settlement 52

Settlement Blogging Branding Branding 52

LexBlog IP

MAY 20, 2022

These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal. In a piece of practical good news, the proposal says that an advertiser does not need to clean out old endorsements from its social media pages as long as the older endorsements are dated and not subsequently reposted.

Social Media 52

Social Media Advertising Advertising Branding 52

IP and Legal Filings

OCTOBER 30, 2023

Over time, the trademark underwent five changes before returning to its original form in 2009. According to the law, a colour cannot be protected by a trademark if it is deemed “functional,” whether for utilitarian or aesthetic purposes.

Trademark 98

Trademark Branding Branding Brands 98