The IPKat

JULY 30, 2023

of the Trade Mark Directive states that trademark rights are exhausted if the goods bearing the trademark have been put on the market in the EEA (European Economic Area) by trademark owners or with their consent. However, how can trademark owners know for sure where second-hand products were initially put on the market? Article 15.1

Branding 97

Branding Brands Branding Advertising 97

43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n 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.

Copying 62

Copying False Advertising Social Media Advertising 62

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 54

Trademark Advertising Advertising Registration 54

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

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 98

Trademark Registration Advertising Advertising 98

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 57

False Advertising Advertising Advertising Registration 57

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 Designs Design 52

LexBlog IP

NOVEMBER 17, 2022

Design specialist Harry Brignull coined the term “dark patterns” in 2010 to capture design practices used to trick or manipulate users into taking certain actions. Heeding to the guidance produced by the FTC, ultimately, marketing tactics may attract customers but should not be intended to deceive them. What are dark patterns?

Privacy 52

Privacy Reporting Advertising Advertising 52

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 73

Service Mark Advertising Advertising Registration 73

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? HDR appeared first on Technology & Marketing Law Blog. The court rejects both claims. But Facebook’s content wasn’t snarfed, and the mods may not care as much as other users).

Privacy 136

Privacy False Advertising Contracts Advertising 136

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

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 Brands Branding 52

43(B)log

JANUARY 18, 2023

The complaint alleged that market research indicates that many Americans prefer foods and drinks with “free from” claims because they believe such products are more natural, healthier, and less processed, and that they are willing to pay more for such products.

Marketing 104

Marketing Marketing False Advertising Advertising 104

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]. After this date, the product should not be marketed/ sold. [12]. Image source:Gettyimage].

Advertising 74

Advertising Advertising Due Diligence Government 74

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. Intel Corp.,

Licensing 90

Licensing Copyright Contracts Advertising 90

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. The DoCA had illustrated 10 practices as dark patterns. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Kashishipr

AUGUST 24, 2022

A trademark refers to any mark capable of being represented graphically, identifying the products or services of one and distinguishing them from those of others in the market. The same is done through the Nice Classification of Goods and Services , which, in 2010, added Class 43 for restaurants and hotels.

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

OCTOBER 15, 2021

Stone had began marketing an online ‘metaphysical education’ course under the brand ‘ARCHANGEL ALCHEMY’ in or around July 2019, with the course first starting on 23 September 2019 and running until 21 September 2020. 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

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Overturning Tiffany v.

Trademark 138

Trademark False Advertising Advertising Advertising 138

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

43(B)log

AUGUST 25, 2022

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 57

False Advertising Advertising Advertising Marketing 57

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 Brands 52

43(B)log

OCTOBER 6, 2021

American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll. I will note here, as I often do, that in a false advertising case these allegations would likely be treated as conclusory at best. But the cases go back and forth on this.]

Law 57

Law Privacy False Advertising Social Media 57

The IPKat

AUGUST 8, 2021

The General Court then went on to consider that the use of an earlier right by a third party on the internal market, at the time of application for registration of a mark, is not an absolute condition in order to rely on bad faith ( Koton Ma?azacilik azacilik Tekstil Sanayi ve Ticaret v EUIPO (C?

Cease and Desist 126

Cease and Desist Registration Business Marketing 126

IP Intelligence

MAY 11, 2021

Census Bureau, had a population of 8,679 in 2010). In Perry , the plaintiff produced 60 bottles of his mayonnaise/ketchup and mustard/ketchup concoctions branded METCHUP. He sold bottles from the lobby of his nine-room hotel in Lacombe, Louisiana (which, according to the U.S. The plaintiff had sales records for 34 bottles.

Trademark 52

Trademark Registration Branding Brands 52

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Well, this wraps up our Octobers’ sift.

Trademark 59

Trademark Publishing Journalism Copyright 59

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.

Law 44

Law Advertising Advertising Journalism 44

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). . (“Applicant”) develops sales systems, telemedicine systems and enterprise resource planning systems.

Television 40

Television Music Advertising Advertising 40

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The abbreviated biosimilar licensure pathway created by the Biologics Price Competition and Innovation Act (BPCIA) in 2010 was designed to increase competition for biologics and reduce healthcare costs. Already, FDA has licensed almost 30 biosimilars, nearly 20 of which are available to patients in the United States.

Settlement 40

Settlement Licensing Designs Design 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. Yet biosimilars of anti-TNF?

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. First, it argued that the plaintiff concealed material information that the registration of its mark was removed for non renewal in 2010 and was renewed only in 2019.

Trademark 59

Trademark Registration Copyright Patent 59

43(B)log

SEPTEMBER 14, 2021

The parties compete in the market for buying gold from ordinary people. 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. That’s a question of fact.

False Advertising 44

False Advertising Advertising Advertising Television 44

43(B)log

OCTOBER 4, 2021

22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” J-B Weld began in 2010 to sell theadlockers under the “Perma-Lock” name.

False Advertising 67

False Advertising Advertising Advertising Trademark 67

IP Whiteboard

FEBRUARY 8, 2021

16 February 2010. Class 30: All products in class 30 including, hamburger sandwiches and cheeseburger sandwiches, hot coffee for consumption on or off the premises. IN-N-OUT BURGER.

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

SEPTEMBER 1, 2021

Google (2010) and Cross v. Although the publishing of Plaintiffs’ most private and intimate information for profit might be a gross invasion of their privacy, it is not a misappropriation of their name or likeness to advertise or promote a separate product or service. Marketing, L.L.C, Publicity Rights. 3d 319, 322 (Cal.

Privacy 101

Privacy Blogging Advertising Advertising 101

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 Branding 97

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. Safe Links is part of Microsoft’s anti-phishing and anti-malware Defender package.

False Advertising 57

False Advertising Advertising Advertising IP 57