Technology & Marketing Law Blog

MARCH 19, 2022

The court briefly cites, but appears to misapply, a highly relevant 2011 New York Court of Appeals ruling (the highest court in New York), Shiamili v. Gellis appeared first on Technology & Marketing Law Blog. The Real Estate Group. Given the apparent blood feud between these two women, every ruling is likely to be appealed).

Publishing 126

Publishing Blogging Litigation Designs 126

LexBlog IP

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

Litigation 52

Litigation Patent Intellectual Property Branding 52

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. lululemon appeared first on Technology & Marketing Law Blog.

Advertising 111

Advertising Advertising Settlement Trademark 111

The TTABlog

FEBRUARY 8, 2022

The district court denied the motion because no issue was "actually litigated" before the TTAB. The court observed that collateral estoppel applies to issues that have been actually litigated and decided in a prior proceeding. & Sons Edible Oils Limited v. Meenakshi Overseas, LLC , No. 2-14-cv-02961-TLN-CKD (E.D. January 24, 2022).

Litigation 75

Litigation Registration Branding Brands 75

SpicyIP

SEPTEMBER 18, 2023

Hons) LLB from NALSAR, Hyderabad in 2011 and MSc from Oxford, UK in 2012. Furthermore, the continuous sales done by the violating party flood the market with infringing products where they are sold at a fast pace on a regular basis. His predominant areas of practise are Arbitration, Commercial and Intellectual Property Laws.

Cease and Desist 115

Cease and Desist Intellectual Property Law Settlement Copyright Infringement 115

The IPKat

AUGUST 24, 2023

While the AmeriKat is still recovering from 2020, her Belgian Katfriends sum-up what was 2022 in Belgian patent litigation 'Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2023.

Litigation 52

Litigation Law Patent Invention 52

Technology & Marketing Law Blog

OCTOBER 28, 2021

A Look at the Commercial Privacy Bill of Rights Act of 2011. Facebook and Zynga Privacy Litigation Dismissed With Prejudice [Catch up Post]. The post Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed appeared first on Technology & Marketing Law Blog. Specific Media.

Privacy 116

Privacy IP Law Blogging 116

Technology & Marketing Law Blog

MAY 15, 2023

2011 WL 1675043 (N.C. 28, 2011) Hare v. App Store Simulated Casino-Style Games Litigation , 2022 WL 4009918 (N.D. 2022) The post Two Common but Disingenuous Phrases About Section 230 appeared first on Technology & Marketing Law Blog. Roommates.Com, LLC , 521 F.3d 3d 1157 (9th Cir. April 3, 2008) Milo v. 3d 210 (Tex.

Branding 110

Branding Brands Branding Blogging 110

Technology & Marketing Law Blog

AUGUST 30, 2023

For example, 9th Circuit courts used the “Internet trinity” factors in the 2000s, and then switched in 2011 to a unique four-factor test from the Network Automation. The litigants directly compete. ” Marketing channel. Colibri appeared first on Technology & Marketing Law Blog. Mark similarity.

Advertising 98

Advertising Advertising False Advertising Trademark 98

Patently-O

AUGUST 19, 2022

In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. ” In re Brimonidine Patent Litig., Eagle Pharm., 2021-2342, — F.4th 4th — ( Fed. 18, 2022 ).

Branding 87

Branding Brands Branding Marketing 87

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

SpicyIP

JANUARY 26, 2025

Discussing this development in light of ongoing litigations concerning rare diseases treatments, Md Sabeeh Ahmad writes on accessibility of these drugs and whether Section 100 is a viable solution for the problem. Key observations included the phonetic similarity between the marks and the defendants apparent intent to create market confusion.

Trademark 59

Trademark Art Registration Business 59

Kluwer Copyright Blog

FEBRUARY 28, 2024

In this regard, an important precedent lies in the history of US litigation involving Google Books. In other words, Google did not merely copy the books; it made use of them to create a new and valuable product, in the form of the Google Books service, and one that, according to the court, did not compete with the existing market for books.

Fair Use 138

Fair Use Copyright Moral Rights Copyright Law 138

IP and Legal Filings

SEPTEMBER 12, 2024

Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. It was another case of how hard it is for big brands to defend their marks against light-hearted references where the respective products have different markets.

Branding 98

Branding Brands Branding Trademark 98

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” The one actually litigated in the case (these images come from the complaint) is here.) b)(4)(i)(A) (2011). b)(4)(i)(A) (2011). 574 (2011). 3d 1194 , 1196 (9th Cir.

Registration 98

Registration Blogging Copyright Designs 98

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] 3] However, patent litigation is but one potential use of this forum. What are the Benefits of Litigating at the ITC?

Litigation 40

Litigation Cease and Desist Patent Infringement Intellectual Property 40

Technology & Marketing Law Blog

OCTOBER 9, 2024

Warby Parker, part of 1-8oo Contacts’ irrepressible efforts to revive the litigation genre. I hope this ruling will be persuasive to other courts so that we can finally and permanently put this chapter to rest after 2+ decades of pointless litigation. the dollar value of the clicks at issue is well below the costs of litigation).

Advertising 98

Advertising Advertising Trademark False Advertising 98

Trading Secrets

JUNE 22, 2022

After years of developing these firms, Owen entered into a joint venture with Meyer Corporation in 2011, whereby Meyer would provide capital and business expertise to Owen’s firms. The joint venture was formalized over a five-day period in April 2011. At the same time, Owen would continue overseeing and managing the firms.

Ownership 98

Ownership Business Contracts Law 98

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. Previous year-in-review lists from 2022 , 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006.

Law 111

Law Social Media Advertising Advertising 111

Technology & Marketing Law Blog

JANUARY 24, 2024

Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. I’d love to see an accounting of the time and money the parties have spent on this litigation. Gutman appeared first on Technology & Marketing Law Blog. Case citation : JLM Couture, Inc. Christou v.

Social Media 105

Social Media Ownership Designs Design 105

IP and Legal Filings

FEBRUARY 7, 2023

Several large corporations have already begun developing new marketing efforts for this new digital environment after realising the enormous potential that exists here. Leading companies have entered the metaverse’s expanding virtual market and sought trademark protection in India under NICE Classification Classes 9, 35, 36, and 42.

Trademark 98

Trademark Non-Fungible Tokens Branding Brands 98

Michael Geist

AUGUST 3, 2021

Access Copyright launched the lawsuit against York over copying it said took place from 2011 to 2013, seeking to enforce a Copyright Board approved tariff. Under the final 2011-2014 Access Copyright tariff for post-secondary educational institutions, for example, York would be liable to pay $24.80

Copyright 103

Copyright Copying Copyright Infringement Licensing 103

Kluwer Copyright Blog

NOVEMBER 16, 2023

The Azerbaijani Supreme Court upholds this decision in 2011. Pursuant thereto, the copyright holder is no longer entitled to control the further distribution of a copy of their work after that copy had been put on the market with the rightholder’s consent. Balan ; Kamoy ; AsDAC ).

Copyright 92

Copyright Copying Copyright Law Marketing 92

Greenspoon Marder LLP

SEPTEMBER 20, 2012

In April 2011, Apple Inc. Last month, after more than a year of litigation, a jury decided that Samsung had stolen the innovative technology used by Apple in creating its iPhone and iPad, and Samsung was ordered to pay Apple $1.05 By: Sharon Urias, Esq. filed its patent infringement lawsuit against Samsung demanding $2.5

Patent Infringement 52

Patent Infringement Branding Brands Branding 52

Patently-O

JANUARY 31, 2024

Regarding irreparable harm, SmartSky argued several theories, including lost sales and market share to Gogo’s larger existing market presence, price erosion from Gogo’s ability to undercut SmartSky’s prices, and harm to SmartSky’s business reputation and goodwill. “The mere possibility or speculation of harm is insufficient.”

Marketing 59

Marketing Marketing Litigation Business 59

SpicyIP

JULY 22, 2024

Their application for a “tobacco-based nicotine aerosol generation system” (Application number 7127/DELNP/2011) in 2020 also faced rejection (discussed here ). Interestingly, this isn’t the first time Phillip Morris’s patent application has been rejected by the Controller on these very grounds.

Invention 110

Invention Patent Patent Application Government 110

Intepat

MAY 28, 2024

Notably, Apple trademarked its store design in the United States in 2011. Apple’s multiple trademark oppositions and IP Litigation worldwide has become a part of its broader strategy to maintain exclusive rights to the “Apple” icon and term. Acquired Distinctiveness: Over the years, Apple Inc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

JANUARY 25, 2024

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. 4, 2011)) (emphasis in original). Bright Data claims that it was using its Facebook and Instagram accounts for marketing purposes and was never logged in to its accounts when scraping. signif[ies] that you. Meta’s Opp.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

The IP Law Blog

AUGUST 25, 2022

In 2011-2012, VNG released Zing MP3 apps with Apple and Google. Likewise, as to prong two, VNG had taken the position throughout the litigation that it was not “subject to the personal jurisdiction of any state court of general jurisdiction in the United States.” market” by VNG.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

43(B)log

JANUARY 19, 2022

Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets. Indeed, Facebook’s initial success in the Social Network and Social Media Markets arose directly from competitors’ failure to keep users’ data private,” particularly Myspace’s.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

IP and Legal Filings

FEBRUARY 2, 2024

Gebi Products [10] , The Gala Company used the label mark “LAXMI” to market brooms. Brooms are one of the things that Gebi, another firm, began marketing under the name “MAHA LAXMI.” 8] 2011 (48) PTC 235 (Del.) (DB) In Freudenberg Gala Household Ltd v. Commercializing religion via trademarking god.

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

The IPKat

FEBRUARY 11, 2025

The patent expired on August 5, 2011. On August 23, 2011, CeramTec applied to register three European Union trademarks (EUTMs), including the colour pink itself (Pantone 677 C), and a three-dimensional pink-coloured implant, as depicted on the right. The Cour de Cassation inquired: Whether the invalidity grounds under Art.

Art 59

Art Patent Registration Intellectual Property 59

SpicyIP

FEBRUARY 27, 2023

SpicyIP intern Niyati Prabhu highlights a few such litigations between some of the well-known IP firms in the country. In 2011, a First Examination Report (FER) issued by the Trade Marks Registry had objected to the defendants’ application for registration of the device mark BITS PILANI, subsequent to which the application was rejected.

Trademark 104

Trademark IP Registration Technology 104

IP Tech Blog

MAY 19, 2022

Muzmatch is comparatively much smaller and was founded in 2011 by Mr Shahzad Younas and now has had around 666,069 sign-ups in the UK alone. Key Points: The Court found that a common descriptive element can acquire distinctiveness in an area, solely because of a company’s reputation and influence in that market.

Branding 57

Branding Brands Branding Intellectual Property 57

SpicyIP

JUNE 27, 2022

Oddly, it’s almost as if the drafters forgot about the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“SPDI Rules”) which already lays down the standards and requirements for dealing with sensitive information such as financial records, health information, etc.

Due Diligence 105

Due Diligence Privacy Government Technology 105

LexBlog IP

JULY 5, 2023

In 2011, Hydronic began reverse-engineering Hetronic parts and contracted new suppliers to source them. When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring.

Trademark 52

Trademark Marketing Marketing Contracts 52

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Gardens Alive acquired the assets of Weeks on June 5, 2011 out of a bankruptcy through its wholly owned subsidiary IGP Acquisition LLC. In 2011, Weeks Roses entered into an arrangement with JPPA with regard to cultivation, marketing, distribution and sale of various rose varieties, including roses to be sold under the INGRIG BERGMAN mark.

Trademark 40

Trademark Branding Brands Branding 40