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 Brands Branding Branding 98

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. Will Freeman focuses his practice on patent litigation in U.S. He received his J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

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

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 Brands 57

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

SpicyIP

NOVEMBER 8, 2023

Basheer, in his 2009 post, about Chantix, a Pfizer-patented anti-smoking drug, raised questions regarding transparency around the discretion to require local clinical trials. Only then does Google need to take action against the advertisement and not otherwise. and Class 5.2 For insights, read Anupriya’s post on Interdigital v.

Trademark 59

Trademark Publishing Journalism Copyright 59

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 59 Murray Enterprises, Inc.,

Social Media 45

Social Media False Advertising Advertising Advertising 45

LexBlog IP

JANUARY 11, 2024

He turned 18 in 2009. Thus, to the extent a violation occurred in 2009 when Mr. Elden turned 18, he would have had to bring his action by 2019 to avoid the 10-year bar under the first prong of the statute of limitations provision. The baby in that photo is Spencer Elden, who was four months old at the time the photograph was taken.

Copyright Infringement 52

Copyright Infringement Music Advertising Advertising 52

SpicyIP

MAY 20, 2024

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. on 10 May, 2024 (Delhi High Court) The defendant filed an application seeking cost of litigation from the plaintiff. Drop a comment below to let us know. Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.)

Trademark 45

Trademark Advertising Advertising Invention 45

Technology & Marketing Law Blog

JULY 17, 2023

Nonetheless, the majority opinion will have significant practical implications for transnational litigation in all IP areas. As noted by one transnational litigation scholar , this test would have “made the place of the conduct producing the evil, rather than the place of the transaction, determinative.” Yes, and no.

Blogging 75

Blogging Trademark Litigation Law 75

Patently-O

DECEMBER 11, 2023

The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. That is far too hasty. Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

LexBlog IP

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 52

Copying Marketing Marketing Advertising 52

The TTABlog

AUGUST 15, 2022

Nor was there any evidence of advertising. Branded contended that it had been policing its marks, which showed its intent to resume use, However, there was no evidence of the issuance of cease-and-desist letters, nor of the commencement of any litigation. The found this evidence of enforcement efforts "not persuasive."

Registration 40

Registration Cease and Desist Brands Branding 40

Technology & Marketing Law Blog

DECEMBER 13, 2023

If nothing else, litigants know where they stand in these jurisdictions. 2009) (holding that a contract was not preempted by copyright). In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” 634 F.Supp.2d

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

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. Same analysis as negligence. See Herrick, 765 Fed.

Blogging 136

Blogging Publishing Social Media Advertising 136

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. The House also advanced the Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act (H.R. BPCIA Litigation. Biosimilar Approvals and Launches in 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

The IPKat

JANUARY 27, 2025

Arnold LJ in Thatchers said that reading is incorrect ([150]), referring to Whirlpool v Kenwood ( [2009] EWCA Civ 753 ) and Argos v Argos Systems ( [2018] EWCA Civ 2211 ). Aldis intention to mimic Thatchers brand and avoidance of spending money on advertising its own product appeared decisive.

Advertising 72

Advertising Advertising Brands Branding 72

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

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. So what do we make of the earlier rulings that suggested hiQ had a legally protected right to scrape? ¯_(ツ)_/¯ CCB Launches We have a new venue for copyright litigation.

Law 122

Law Social Media Government Privacy 122

Technology & Marketing Law Blog

JANUARY 9, 2025

Meanwhile, Twitter’s marketplace decline has demonstrated (once again) that market mechanisms–including users and advertisers voting with their “feet”–still carry a potent sting online. If you haven’t been watching the litigation tsunami over Meta Pixels, it’s been a sight to behold.

Social Media 102

Social Media Law Government Privacy 102