43(B)log

SEPTEMBER 14, 2021

In 2010, the Today Show—a morning television show aired on the NBC network—aired a segment in which it mailed a single item of gold to ten different mail-in precious metals dealers and compared the prices offered. Express Gold Cash, Inc. Beyond 79, LLC, 2020 WL 9848431, No. 18-CV-00837 EAW (W.D.N.Y. 15, 2020) Previous opinion.

False Advertising 45

False Advertising Advertising Advertising Television 45

The IPKat

MARCH 24, 2023

Background Gufic Pharmaceuticals, a manufacturer of Ayurvedic medicines, registered in 2010 the word mark “Gufic” for goods in Classes 3, 5, and 29. Because under Paragraph 8 of the Drug Advertising Act (HWG), Gufic was not allowed to advertise its products in Germany, it could not demonstrate ‘use’ of the trademark to attract customers.

Trademark 83

Trademark Advertising Advertising Trademark Law 83

43(B)log

SEPTEMBER 7, 2021

Uber Technologies, the one you know about, was incorporated in 2010. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. As it grew and expanded into new services, Uber Inc.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

43(B)log

SEPTEMBER 20, 2021

I]n February 2010, Natorp’s began using approximately 24 of McCleese’s photos on its commercial website.” Along with copyright claims, McCleese asserted Lanham Act false advertising claims. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D. The parties disagree about how and whether they were authorized to do so.

Copying 64

Copying False Advertising Social Media Advertising 64

The IPKat

SEPTEMBER 27, 2023

Earlier, before the movie started, you watched an advertisement for a soft drink, presented by none other than Marilyn Monroe and James Dean. Protection is against unauthorized commercial use, such as in advertising. The lights dim, and the film rolls. Bruce Lee enters the frame, encountering a young Sylvester Stallone as Rocky.

Personality Rights 127

Personality Rights Advertising Advertising Publishing 127

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. It has been explicitly declared in settled EU case law (such as in case C-398/08 P, Audi) [2010] that applying higher standards to slogan marks than to other types of marks is incorrect. Introduction.

Trademark 58

Trademark Advertising Advertising Registration 58

IP and Legal Filings

NOVEMBER 6, 2022

As a result, the sector works closely with various performers, artists, authors, publishers, production companies, record labels, online content providers, broadcasters, advertising, distributors, etc. 3] Harita Rao and Gurram Ramachandra Rao, Advertisement and Copyright Protection, . [4]Holding LinkedIn.

Ownership 52

Ownership Intellectual Property IP Contracts 52

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

The IPKat

JULY 30, 2023

Evora , C-337/95 (see ECLI:EU:C:1997:517 ) held that the above Article applies, particularly for luxury brands, as long as the brand owner can prove the brand’s aura of luxury has been severely damaged by how the reseller advertises the goods (para. Some thrift store clothes can be hung carelessly and in bulk. Primakabin , C-558/08, para.

Branding 97

Branding Branding Brands Advertising 97

The TTABlog

FEBRUARY 22, 2022

96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , Applicant did not provide direct evidence of acquired distinctiveness, such as survey evidence or consumer declarations, but instead relied on circumstantial evidence regarding its length of use, advertising expenditures, sales, and number of users.

Service Mark 76

Service Mark Advertising Advertising Registration 76

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

Erik K Pelton

DECEMBER 20, 2022

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2010: [link]. The court issued a preliminary injunction and the duo agreed to no longer use Vogue’s marks in connection with the album. Metaverse and NFT Filings Decrease. 2020: [link]. 2019: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

SpicyIP

AUGUST 8, 2023

The plaintiff’s case was a standard trademark infringement and passing off plea, founded upon its extensive advertisements, market share, goodwill and reputation and the defendant using a similar website and the word ‘MODERN’ in its marks.

Trademark 81

Trademark Registration Advertising Advertising 81

IP and Legal Filings

AUGUST 22, 2022

In 2010, a chairman resolution No. 20 of 2010 by the NMC was issued which clearly stated that all the media, whether audio or visuals, must comply with the content of the Media Law. The primacy of Media Law was reiterated and the application of media law in the digital arena was confirmed.

Social Media 52

Social Media Publishing Law Government 52

The TTABlog

AUGUST 3, 2022

Petitioner sunk its own claim that its marks acquired distinctiveness in 2008 by testifying that its sales that year were $256; furthermore there were no advertising expenditures during 2008-2010. Its sales figures prior to 2014 (totaling $514,798) were "unimpressive."

Law 52

Law Registration Design Designs 52

IP and Legal Filings

JULY 21, 2022

For the past decade, the utilization of hashtags has grown in popularity, and businesses are now attempting to capitalise on these ‘viral-trends’ to advertise their products and services through content marketing methods. As the amount of user-generated material centred on hashtags grows, it goes viral. ORIGIN OF HASHTAGS.

Trademark 96

Trademark Social Media Marketing Marketing 96

TorrentFreak

OCTOBER 29, 2021

The anti-piracy body pioneered the so-called “graduated response” system back in 2010, with Hadopi tracking down copyright infringers using mainly BitTorrent networks and then warning, fining, or even disconnecting them.

Copyright Infringement 135

Copyright Infringement Copyright Advertising Advertising 135

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

43(B)log

JANUARY 31, 2022

21, 2021) Though TocMail made it past a motion to dismiss , it failed at the summary judgment stage in its claim that Microsoft falsely advertised its link scanning service’s capabilities, thus locking TocMail out of a big market. Microsoft Corp., 2021 WL 6750789, No. 20-60416-CIV-CANNON/Hunt (S.D.

False Advertising 59

False Advertising Advertising Advertising IP 59

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

In 2010, J&P Park Acquisitions, Inc. In October 2010, Poulsen and JPPA executed a Joint Notification pursuant to which JPPA acknowledged Poulsen was the exclusive owner of all right, title and interest in the INGRID BERGMAN mark.

Trademark 52

Trademark Branding Branding Brands 52

IP and Legal Filings

OCTOBER 20, 2022

Further, the section also provides that in case a pre-packaged commodity is advertised, then such advertisements shall also declare the net quantity or number of the commodities contained in the package along with the retail price. [1]. The font size of the net quantity in the advertisement shall be same as that of retail sale price.

Advertising 90

Advertising Advertising Due Diligence Government 90

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

OCTOBER 4, 2021

But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. J-B Weld began in 2010 to sell theadlockers under the “Perma-Lock” name. What if J-B Weld falsely advertised that its bonding products cure cancer or stopped global warming?

False Advertising 69

False Advertising Advertising Advertising Trademark 69

Garrigues Blog

FEBRUARY 5, 2024

Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS. .” The CJEU clarified the scope between the two versions at the request of the Supreme Court.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

Technology & Marketing Law Blog

JUNE 10, 2022

Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising? The court rejects both claims. The ECPA requires the plaintiff to show that “her posts in the Groups were not readily accessible by the general public.”

Privacy 143

Privacy False Advertising Contracts Advertising 143

The TTABlog

MAY 25, 2023

Turning to the issue of acquired distinctiveness, the Board applied the Converse factors, with JBL relying on its length of use (since 2010), sales figures (very little meaningful evidence), and advertising and promotion (ditto).

Design 52

Design Designs Design Patent Advertising 52

TorrentFreak

JUNE 22, 2023

A talented graphic designer, Bencko was responsible for Megaupload’s logo and ensuring that other sites in the group looked good and accommodated advertising properly. According to the United States government, this work earned Bencko more than $1 million in 2010 alone.

Graphic Design 143

Graphic Design Reporting Design Designs 143

LexBlog IP

MARCH 30, 2022

So I decided to check this by analysing the delays for all initial examination reports issued since 2010. Now might be a good time to register, particularly for prospective candidates with a background in chemistry, pharmaceuticals, or biotechnology. Read more »

IP 52

IP Patent Reporting Editing 52

Kashishipr

AUGUST 24, 2022

The same is done through the Nice Classification of Goods and Services , which, in 2010, added Class 43 for restaurants and hotels. Class 35 – Dealing with office functions, advertising, business administration, and business management. Brands and businesses need to identify the Class under which their products or services fall.

Trademark 52

Trademark Branding Branding Brands 52

43(B)log

JANUARY 18, 2023

In 2010, the FDA issued a warning to a different food and beverage company, stating that its products were mislabeled “in that they contain the chemical preservative[s] ascorbic acid and citric acid but their labels fail to declare these preservatives with a description of their functions.”

Marketing 106

Marketing Marketing False Advertising Advertising 106

TorrentFreak

AUGUST 1, 2023

With more than 40 million monthly visits, Y2mate has a particularly large userbase that is monetized through advertising. nu and Y2mate.nu are operated by CreativeCode Ltd, a company incorporated in Anguilla, a small island in the Eastern Caribbean. YouTube-ripping sites apparently operate in a competitive industry. nu and Y2mate.nu

Cease and Desist 88

Cease and Desist Music Copyright Advertising 88

The IPKat

JUNE 11, 2022

On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9. Appeals were dismissed by the Fourth Board of Appeal (BoA) on the basis that evidence had to prove genuine use of the mark in the five years preceding the Cancellation Division’s decision (i.e.,

Advertising 97

Advertising Advertising Reporting Registration 97

DuetsBlog

JUNE 15, 2020

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)? Rapala’s “More Hits Than Google” Billboard Update (Photo Included) (2009). Good Bye Google, Hello Whudjagiddumon? Rapala Taunts a Monster? Rapala: Happy Fishing on Mother’s Day (2012).

Registering Trademarks 52

Registering Trademarks Trademark Branding Branding 52

The IPKat

OCTOBER 15, 2021

In response, Wenman claimed that she had been offering such services under and/or by reference to the signs ‘The Archangel Alchemist’ and ‘Archangel Alchemy’ since around 2010, and had accrued goodwill in those signs. In that regard, the use made of the sign in advertising and commercial correspondence is of particular relevance.”

Business 81

Business Social Media Registration Intellectual Property 81

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 125

Reporting Trademark Advertising Advertising 125

The TTABlog

SEPTEMBER 23, 2022

96 USPQ2d 1031, 1036 (TTAB 2010). Advertising and preparatory measures, such as taking reservations, may precede the rendering of services, but they are not the same as rendering those services." As to the two articles, they were not advertisements, and the mark was buried in the body of the articles. Elder Mfg. Hygienic Labs.

Service Mark 52

Service Mark Registration Advertising Advertising 52

The IPKat

JANUARY 25, 2024

Background In 2010, Buongiorno Myalert SA (Buongiorno), an Italian mobile apps and services provider, launched an advertising campaign for a paid subscription to a multimedia messaging service, marketed under the name ‘Club Blinko’.

Advertising 64

Advertising Advertising Law Marketing 64