Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. In 2010, the Second Circuit issued a watershed decision about secondary trademark infringement. Overturning Tiffany v.

Trademark 144

Trademark False Advertising Advertising Advertising 144

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.

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Service Mark Advertising Advertising Registration 78

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Design 52

Design Designs Copying Art 52

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

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. Natural Dog Acquisition LLC v. Its sales figures prior to 2014 (totaling $514,798) were "unimpressive."

Law 52

Law Registration Design Designs 52

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

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price. 1-800 Contacts v. Silvaco Data Sys.

Licensing 105

Licensing Copyright Contracts Advertising 105

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

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IP Copyright Trademark Intellectual Property 124

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Gardens Alive, Inc (“Gardens Alive”) is reported to be a family of brands that provide fertilizers, pest and design control products, seeds, perennials, bulbs, nursery stock, gifts, games and mores. In 2010, J&P Park Acquisitions, Inc. Gardens Alive’s family of brands include, among others, Weeks Roses. 1125(a).

Trademark 40

Trademark Branding Branding Brands 40

IP and Legal Filings

OCTOBER 28, 2023

2010 (42) PTC 572 (Del.) TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “

Trademark 98

Trademark Registering Trademarks Trademark Law Branding 98

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

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

Copyright Lately

NOVEMBER 22, 2023

First up is a 2010 copyright infringement lawsuit by Texas-based Greenberg Smoked Turkeys over turkey preparation directions ( read the complaint here ). Back in the late 70s, an insurance agent named Charles Rolfe asked Wesley Streeter, a taxidermist, to design a lightweight turkey decoy mold that could be reproduced and sold commercially.

Copyright 84

Copyright Copying Copyright Infringement Designs 84

IP and Legal Filings

JANUARY 26, 2023

22] However, to remedy this caveat, the court propounded that designating a colour using an internationally recognised identification code (such as Pantone) will constitute a graphical representation, being precise and stable. [23] NLSI Rev 67, 73 (2010). [11] NLSI Rev 67, 76 (2010). [25] 63 at paragraph 15. [23] Qualitex Co.

Registration 98

Registration Trademark Trademark Law Law 98

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

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

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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

in medicinal chemistry from the University of Michigan in 2010, and his B.S. 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.

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Due Diligence Patent Prosecution Litigation Intellectual Property 59

Kluwer Copyright Blog

NOVEMBER 24, 2021

In the matter on which the first decision was based, the collective remuneration rules for freelance, full-time journalists for daily newspapers from January 2010 were able to be cited for guidance purposes although the plaintiff was claiming remuneration for a period not covered by the remuneration rules.

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. 96 USPQ2d 1479, 1497 (TTAB 2010). The inclusion of the design element did not change this conclusion as POTIFY was the dominant portion of the mark. ” N.Y.

Television 40

Television Music Advertising Advertising 40

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. In July 2016, applicant petitioned to cancel ARSA's registration, and in 2017 it applied to register its EUCALIN word-and-design mark. In May 2015, applicant was removed from the SDNT list.

Ownership 40

Ownership Litigation Registration Business 40

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The authors also look to lawmakers at the federal and state levels, who considered a variety of legislative proposals relating to biologics and biosimilars designed to improve patient access, encourage commercialization, and reduce costs. Companies are already taking advantage of these new designations. Biosimilar Regulatory Updates.

Settlement 40

Settlement Licensing Designs Design 40

43(B)log

MARCH 20, 2023

Thus, at trial, defendants weren’t allowed to present evidence showing that Hawai‘i doctors and patients hadn’t changed how they prescribed or consumed Plavix after information about the poor responder issue was added in 2010 to the black box warning. This one didn’t.

Law 45

Law Advertising Advertising Journalism 45

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

Trademark 59

Trademark Registration Copyright Patent 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising.

Settlement 52

Settlement Litigation Marketing Marketing 52

SpicyIP

OCTOBER 27, 2023

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour Srijaa Grover and Yaggya Kapoor Harry Brignull introduced the concept of “dark patterns” in 2010, describing them as deceptive tactics aimed at boosting conversion rates.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

LexBlog IP

NOVEMBER 17, 2022

This action follows the FTC’s September publication of “ Bringing Dark Patterns to Light ,” a report demonstrating companies’ increased use of design practices known as “dark patterns” to influence consumers buying behavior (the “Staff Report”). The FTC’s latest enforcement action confirms that message. What are dark patterns?

Privacy 52

Privacy Reporting Advertising Advertising 52

Technology & Marketing Law Blog

APRIL 27, 2022

This particular lawsuit targets Craigslist even though Craigslist shut down its adult services category in 2010, eight years before FOSTA was enacted, and some of the ads in question are from 2008 or before. This is one of many FOSTA cases in process. They are all quite complicated and hard to understand.

Blogging 119

Blogging Law Publishing Editing 119

Technology & Marketing Law Blog

JANUARY 18, 2022

trafficking when they enter into agreements with traffickers to share proceeds of advertisement revenue earned from child pornography videos posted to their websites, and actively employ tactics to make it difficult for law enforcement to locate traffickers. ” Benefit from the venture. Scienter about sex trafficking. Ruling #1: A.B.

Blogging 139

Blogging Reporting Publishing Law 139

Technology & Marketing Law Blog

MAY 28, 2022

these features demonstrate that craigslist materially contributed to the advertisements L.H.’s I’m still incredulous that we’re litigating Craigslist’s activity from 2010 or before. The plaintiff’s. According to L.H., s traffickers posted of her on the platform.

Blogging 119

Blogging Publishing Confidentiality Law 119

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

IP and Legal Filings

FEBRUARY 19, 2025

Introduction In the world around, you might have witnessed an advertisement taking place without being in official association with the organisers or the owners, but pretends in such a way that it is officially associated with the event. This type of marketing practise is known as ambush marketing practise. Arvee Enterprises and Ors.

Intellectual Property 96

Intellectual Property Marketing Marketing Branding 96

43(B)log

FEBRUARY 27, 2025

In an advertisement in Anesthesiology News, Ventis claimed that Endura-KT is produced following cGMP manufacturing guidelines under 503B outsourcing standards overseen by the FDA. Ventis advertised in Anesthesiology News that Endura-KT is made from a combination of currently FDA approved USP products. Irwin, 601 F.3d 3d 919 (9th Cir.

False Advertising 52

False Advertising Advertising Advertising Marketing 52

43(B)log

FEBRUARY 3, 2024

Accidental” addition of medical marijuana IDs in 2010 led to rise in applications; withdrawn. Christine Haight Farley: connecting to Katyal’s paper: “Indian man” design code. A: will be talking to PTO historian; they ended up offering to refund fees to 2010 applicants if they’d abandon them, so may never find out what happened there.

Design 59

Design Designs Law Design Patent 59

43(B)log

JANUARY 2, 2025

25, 2024) This interesting lawsuit relies on Targets curatorial reputation for the false advertising claim. Target allegedly designed and describes the Target Clean program as a shopping assistant for health-conscious consumers. 393 (2010), as applied by the Eleventh Circuit to Alabamas law, Lisk v. Target Corp.,

False Advertising 52

False Advertising Law Advertising Advertising 52

Technology & Marketing Law Blog

MAY 26, 2022

The court finds a way around this too: The State has alleged that in lieu of charging a fee directly to its users, Google collects each user’s data, which is then monetized by selling targeted ad space to its advertisers. Note to the judge: Ask stopped maintaining its own search index in 2010. SHOUTOUT TO THE ASK SEARCH ENGINE!

Publishing 122

Publishing Marketing Marketing Law 122

Technology & Marketing Law Blog

JANUARY 29, 2022

Using doctrines like publicity rights, plaintiffs are attacking how these services advertise by featuring people in the yearbooks and the vending of yearbook access. They are also suing Craigslist, which exited the industry in 2010, because apparently there are no statutes of limitation.

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Social Media Blogging Designs Design 138