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 144

Trademark False Advertising Advertising Advertising 144

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. Uber Technologies, the one you know about, was incorporated in 2010. describes its business as including graphic design like logos, stationery and brochures; promotional events and mailings; and consumer-oriented campaigns, like magazine advertisements.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

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 64

Copying False Advertising Social Media Advertising 64

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 105

Licensing Copyright Contracts Advertising 105

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 45

False Advertising Advertising Advertising Television 45

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

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 61

Trademark Advertising Advertising Registration 61

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 78

Service Mark Advertising Advertising Registration 78

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 106

Marketing Marketing False Advertising Advertising 106

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 69

False Advertising Advertising Advertising Trademark 69

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 94

Advertising Advertising Due Diligence Government 94

Indiana Intellectual Property Law

OCTOBER 6, 2023

Nick els and Dimes states that it then began using the Trademark TILT STUDIO in 2010, and the TILTED 10 Trademark in 2021, in association with arcade games and indoor entertainment.

Trademark 52

Trademark Registering Trademarks Advertising Advertising 52

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. Or whether the agencies should be provided royalties for the same if the idea is used for marketing purposes after their contract has ended?

Ownership 52

Ownership Intellectual Property IP Contracts 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 83

Business Social Media Registration Intellectual Property 83

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 128

Cease and Desist Registration Business Marketing 128

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

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 59

False Advertising Advertising Advertising IP 59

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

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

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

SpicyIP

DECEMBER 30, 2023

However, in case such a use does amount to an infringement, the Court clarified that Google, the concerned platform here, will be held accountable and will not be able to claim protection as an intermediary under Section 79 of the IT Act since it effectively sells these marks to the advertisers. Meticulous Market Research Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

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 40

Trademark Branding Brands Branding 40

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

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 67

Advertising Advertising Law Marketing 67

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

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

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 59

Law Privacy False Advertising Social Media 59

SpicyIP

JUNE 13, 2024

Mountain Valley Springs, the plaintiff, has been marketing its products under the trademark (TM) “Forest Essentials” since 2000, claiming extensive reputation and goodwill, especially for their Ayurvedic products, including a baby care segment launched in 2006. Case Overview: What were The Parties even Fighting for? Ultimately, J.

Branding 56

Branding Brands Branding Marketing 56

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

LexBlog IP

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. 2010) (citing Lee v. 2010) (quoting Payless Shoesource, Inc. Scenario 2: Protecting Novel Designs by Patent. ” [8]. 2d 1214, 1217 (S.D. 10] See OddzOn Prods.,

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. 2010) (citing Lee v. 2010) (quoting Payless Shoesource, Inc. Scenario 2: Protecting Novel Designs by Patent. 2d 1214, 1217 (S.D. 10] See OddzOn Prods., Just Toys, Inc. ,

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

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

SpicyIP

NOVEMBER 26, 2024

As reported here and here , the influencer’s central argument specifically targeted Bournvita’s market positioning as a health drink and Tang’s representation as a fruit-flavoured beverage mix fortified with vitamins and minerals. Mahanagar Telephone-Nigam Limited (1995), Colgate Palmolive (India) Ltd v. M/S Colortek Meghalaya Pvt.

Social Media 52

Social Media Trademark 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 45

Law Advertising Advertising Journalism 45

Technology & Marketing Law Blog

AUGUST 30, 2021

Back when sales of records, cassette tapes, and CDs were the primary means of making money, radio airplay was considered free advertising for record labels. 1381 (2010). Sirius XM (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 98

Blogging Copyright Settlement Ownership 98

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 Design Designs 40