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 57

Advertising Advertising False Advertising Public Use 57

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 57

Patent Advertising Advertising Licensing 57

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 67

Designs Design Advertising Advertising 67

IP and Legal Filings

SEPTEMBER 14, 2023

We are now witnessing the era of ‘Greenwashing’ where every other emerging business entity puts out claims on their sustainable practices by using vague terms like ‘eco’, ‘green’ etc in their marketing. The objective is to mislead the consumers knowing well the marketability of this concept.

Branding 83

Branding Brands Branding Trademark 83

IP and Legal Filings

SEPTEMBER 2, 2021

This implies that the Treaty prevents the usage of the Olympic symbol on any goods, advertisements or websites that are unaccredited by the IOC. The marketing partners for the Olympic games are granted exclusive rights to use the mascots as well as the slogans related to it for marketing purposes.

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 52

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

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

IP and Legal Filings

JANUARY 19, 2023

Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. In 2017, China closed down its domestic cryptocurrency exchanges at a time when 90% of all bitcoin trade worldwide took place on their speculative market.

Government 74

Government Marketing Marketing Business 74

IP and Legal Filings

JANUARY 5, 2023

1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes. 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.

Trademark 87

Trademark Branding Brands Branding 87

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 44

Law Advertising Advertising Journalism 44

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 ruling on Indian businesses and trademark holders?

Trademark 59

Trademark Publishing Journalism Copyright 59

The TTABlog

JUNE 10, 2021

The Board then applied the CAFC's Converse analysis to applicant's evidence: use of the proposed mark since 2007, approximately 250,000 units sold for $3M in revenue, $25,000 spent for advertising, promotion of mark on social media an on its website, and a ranking for several years as the best-selling and highest-rated pellet on Amazon.com.

Advertising 52

Advertising Advertising Social Media Marketing 52

The TTABlog

JANUARY 24, 2022

Fender Musical Instruments , 94 USPQ2d 1549, 1555 (TTAB 2009) (guitar shape). "[C]ourts The applicant did not offer survey evidence nor any evidence of "look for" advertising. Its sales figures lacked information regarding market share. Genericness: Generic product designs cannot be registered.

Designs 52

Designs Design Registration Music 52

The IPKat

SEPTEMBER 24, 2021

In conjunction with its claims, Sony filed a written statement with annexed evidence including: screenshots of announcements from websites regarding the launch of the PlayStation Vita console; press releases relating to the PlayStation Vita console and various games to be played on it; and various advertising brochures and videos.

Marketing 56

Marketing Marketing Ownership Advertising 56

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 Branding Brands 52

Garrigues Blog

SEPTEMBER 29, 2021

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

Trademark 52

Trademark Trademark Law Television Registering Trademarks 52

LexBlog IP

MAY 20, 2022

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. We assume this is limited to when an endorser has truly moved on and no longer believes in the endorsed product.

Social Media 52

Social Media Advertising Advertising Branding 52

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 57

Social Media False Advertising Advertising Advertising 57

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. 2009); Nationstar Mortg. In re Bose Corp. , 3d 1240, 91 U.S.P.Q.2d 2d 1938, 1939-40 (Fed. Ahmad , 112 U.S.P.Q.2d 2d 1361, 1365 (TTAB 2014).

Registration 52

Registration Ownership Licensing Trademark 52

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 74

Law Licensing Government Advertising 74

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 89

Trademark Branding Brands Branding 89

Kluwer Copyright Blog

NOVEMBER 22, 2021

The exhaustion of copyright in computer programs, which is harmonised under European law in Article 4(2) of the Computer Programs Directive (2009/24), was transposed into law in Germany in Section 69c No. 3, second sentence UrhG.

Related Rights 52

Related Rights Law Copyright Copying 52

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 52

Advertising Advertising Intellectual Property Marketing 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

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.” Guest Blog Post) appeared first on Technology & Marketing Law Blog. 634 F.Supp.2d

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. General Motors pledged its “Green Technology” patents for a period of 2 years when it faced bankruptcy in 2009. They were able to invest in IP protection, research and development, and advertising.

IP 40

IP Intellectual Property Branding Brands 40

The IPKat

NOVEMBER 30, 2023

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. Prosecco from Northern Italy had been in the Singapore market since about 2011.

Registration 133

Registration Advertising Advertising Law 133

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 Branding 97

SpicyIP

MAY 2, 2022

The same, in its submission did not intend to impinge on the market of the Plaintiff. The Court also held that if the only effect on the market of the Plaintiff was “lost licensing revenue”, and the purpose of use was justifiable as for criticism, review or news reporting, the said effect on the market wouldn’t matter.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Patently-O

DECEMBER 11, 2023

In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task. More specifically, we recognize the usefulness of examining intellectual property issues through the lenses of competition and consumer protection. Accolade, Inc.,

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

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. During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products.

Cease and Desist 62

Cease and Desist False Advertising Registration Licensing 62

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. The Court accepted that the BOSS mark enjoys a reputation in Germany, having been used in the market to a significant extent for a long period of time. 9(2)(c) EUTMR.

Art 84

Art Marketing Marketing Advertising 84

The IP Law Blog

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. It further alleged that Johnson Enterprises intended to “deceive the public as to the source or origin” of its game to benefit from “P&P’s goodwill and reputation in the four in a row market.”.

Copying 98

Copying Marketing Marketing Advertising 98

43(B)log

APRIL 12, 2024

Zovio renamed the school Ashford University (Ashford) and transformed it into an enormous online institution that was marketed as a traditional university. [It Zovio needed this university’s accreditation because only students attending accredited institutions are eligible for federal financial aid.

False Advertising 57

False Advertising Law Reporting Marketing 57

LexBlog IP

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. A few months later, Johnson Enterprises sought to expand its outdoor yard game offerings and decided it, too, would sell a giant Connect 4-style game. ” Art Attacks Ink, LLC v. 3d 1138, 1145 (9 th Cir.

Copying 52

Copying Marketing Marketing Advertising 52

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.

Due Diligence 59

Due Diligence Invention IP Copyright 59

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. The post Trademark Extraterritoriality: Abitron v.

Trademark 70

Trademark Blogging Litigation Law 70

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 117

False Advertising Advertising Advertising Law 117