Technology & Marketing Law Blog

SEPTEMBER 7, 2024

Also, though not individual liability, in 2008-09, the USDOJ prosecuted the search engines for publishing illegal gambling ads and Google for publishing illegal pharmaceutical ads in 2011. The post Comment on France’s Prosecution of Telegram Founder Pavel Durov appeared first on Technology & Marketing Law Blog.

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Government Publishing Law Blogging 93

43(B)log

JANUARY 2, 2024

10-CV-1662, 2011 WL 13224118 (E.D. July 22, 2011)). Bayer AG, No. 17-CV-647, 2017 WL 3168525 (N.D. July 26, 2017), vacated and remanded, 742 F. App’x 325 (9th Cir. 2018); and Howard v. Bayer Corp., But, under Mantikas v. Kellogg Co., 3d 633 (2d Cir. The interpretation “one serving a day,” by contrast, was “a stretch.” “An

Branding 59

Branding Branding Brands Marketing 59

Michael Geist

FEBRUARY 10, 2024

When the company appeared before committee back in 2022, it said its primary risk was competition from foreign streaming services accessing the Canadian market directly and by-passing Canadian broadcasters. In fact, in 2011 I wrote about how this was likely to become a major issue for Canadian broadcasters dependent on licensing U.S.

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Government Licensing Television Journalism 145

Plagiarism Today

SEPTEMBER 22, 2022

First off today, David Saleh Rauf at Edweek Market Brief reports that ACT has emerged victorious in a legal fight against their competior WIN as an appeals court has upheld a legal victory for the prominent testing organization. According to the lawsuit, ACT and WIN were partners for nearly 15 years before their partnership ended in 2011.

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Settlement Copyright Infringement Contracts Plagiarism 188

IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. It gives the respective companies a competitive edge in a saturated market. Trademarks can be very important for businesses entering new markets. Trademarks encompass a substantial portion of the deal’s value.

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Branding Branding Brands Technology 103

Velocity of Content

OCTOBER 28, 2022

The independent nonfiction press launched in 2011 and claims to have sold more than 50 million units since. In a statement on Monday, Callisto did not identify any specific reasons for the move, although the decline in juvenile nonfiction sales is certainly one reason, Albanese suggests. The post Downturn for Book Business?

Business 52

Business Publishing Marketing Marketing 52

The IPKat

OCTOBER 28, 2024

In essence, any time that there is a ‘work’ as defined by the CJEU [see Levola Hengelo ; IPKat here ] that is marketed in the EU, the InfoSoc Directive shall apply. If not Infopaq , then the outcome of Kwantum was already anticipated by Flos back in 2011 and then Cofemel in 2019.

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Art Derivative Work Copyright Law 128

TorrentFreak

AUGUST 19, 2021

However, the parties cannot reach a compromise so IA is now demanding access to detailed book sales performance data for all books sold since 2011. “Here, IA self-evidently harms Plaintiffs’ existing markets by refusing to pay the customary fees that aggregators pay to distribute the same ebooks to library borrowers. .

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Publishing Fair Use Marketing Marketing 143

LexBlog IP

JULY 12, 2023

Join BakerHostetler for our series of Fireside Chats about the latest developments impacting the capital markets and their participants, and the blockchain industry.

Marketing 52

Marketing Marketing Intellectual Property 52

IP and Legal Filings

JULY 28, 2022

It was back in January 2011 when Future Enterprises had officially filed ‘Mac Coffee and Eagle device’ trademark before DOI. However, McDonald’s can still appeal in higher court against the recent decision, which, McDonald’s previously in 2011 did not file any appeal in higher court. Conclusion.

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Trademark Branding Branding Brands 91

SpicyIP

NOVEMBER 30, 2024

This decision, coming after nearly a decade of legal battles and multiple pre-grant oppositions from different advocacy groups and Natco, paves the way for affordable generic versions to enter the market. They also have a patent on Cabotegravir prodrugs, filed as 196/KOLNP/2011 (Patent Number: 291942) until July 2029.

Patent 64

Patent Patent Application Invention Art 64

U.S. Department of Commerce

NOVEMBER 23, 2021

Founded by American Express in 2010 and officially cosponsored by SBA since 2011, Small Business Saturday has become an important part of small businesses’ busiest shopping season. Get free Small Business Saturday marketing materials ?- Historically, reported projected spending among U.S. How You Can Participate . For shoppers .

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Business Social Media Reporting Marketing 92

Velocity of Content

SEPTEMBER 24, 2021

In 2011, Hagen Berman successfully sued Apple and five major publishers for colluding to fix e-book prices. In their brief, Albanese explains, the publishers assert that the alleged conspiracy does exactly what the publishers have long resisted, which is to ‘immunize’ Amazon from competition and solidify Amazon’s market position.

Publishing 52

Publishing Contracts Marketing Marketing 52

Kluwer Copyright Blog

NOVEMBER 6, 2024

Allowing individual Member States to individually apply Article 2(7) BC would undermine the InfoSoc Directive’s aim of reducing fragmentation of the internal market. Of course this would preserve some market fragmentation, but that’s what you get with step-by-step harmonization.

Art 66

Art Copyright Designs Design 66

TorrentFreak

FEBRUARY 8, 2024

That very little content was available to buy legally online not only helped to fuel the crisis, in this underdeveloped market many ISPs still had just one key product to sell; internet access and the bandwidth it consumed.

Law 121

Law Publishing Marketing Marketing 121

TorrentFreak

JANUARY 5, 2023

Other members of the Copyright Alliance include the RIAA, which recently reported several AI-music mixing platforms to the United States Trade Representative, hoping to have them listed as upcoming threats in the USTR’s ‘Notorious Markets’ report. The last time the RIAA spent more was back in 2018, and before that, 2011.

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Government Reporting Intellectual Property Copyright 140

SpicyIP

AUGUST 2, 2024

Currently, Bhaker is managed by iOS Sports & Entertainment, who released a statement calling such unauthorized advertising as “moment marketing free of cost,” and issued a legal notice to the above brands to take such commercials down, contending that such advertisements violated their ownership of Bhaker’s personality rights.

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Branding Branding Brands Personality Rights 105

The IPKat

MARCH 17, 2024

Importantly for this case, VCC produces two types of expensive French red wine involving various up-market grape types. Kreglinger's first vintage of the wine promoted and sold as "New Certan" was the 2011 vintage, released in 2013. For the earliest vintages, the label depicted the de Moor family home on their vineyard in Tasmania.

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Designs Design Marketing Marketing 105

The TTABlog

JANUARY 20, 2022

As to commercial strength, the LISTERINE product has been marketed continuously since 1879. Maher , 100 USPQ2d 1018, 1023 (TTAB 2011). The inspiration for the term LISTERINE came from an English doctor, Joseph Lister, the first surgeon to perform an operation in a chamber sterilized with antiseptics." Nike, Inc.

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Fair Use Advertising Advertising Licensing 143

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.

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Branding Brands Branding Trademark 97

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. ” Marketing channel. Colibri appeared first on Technology & Marketing Law Blog. ” Relatedness of goods. The litigants directly compete.

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Advertising Advertising False Advertising Trademark 97

The IPKat

DECEMBER 23, 2022

Thus, a low volume of goods marketed under that trade mark may be compensated for by high intensity of use or a certain constancy regarding the time of use of that trade mark or vice versa (08/07/2004, T 334/01, Hipoviton, EU:T:2004:223, § 36). That assessment implies a certain interdependence between the factors taken into account.

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Marketing Marketing Publishing Designs 70

The IPKat

OCTOBER 30, 2023

Hopefully, the CJEU, when answering the questions referred by the Swedish Patent and Market Court of Appeal in ‘Mio’ , will return to the clear and correct findings of ‘Painer’. This concept of reciprocity is a well-established adage not only in copyright law but also in design law as demonstrated elsewhere.

Copyright Law 75

Copyright Law Copyright Law Marketing 75

TorrentFreak

JUNE 6, 2023

At a time when a limited number of rightsholders were demanding thousands of dollars from alleged BitTorrent pirates, Rightscorp focused on the budget end of the market. in losses since the company launched in 2011. Can The Indie Market Give Rightscorp a Boost? In 2014, the company revealed a $2.2m

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Settlement Music Publishing Copyright 127

SpicyIP

JULY 28, 2023

The courts have repeatedly held that in the Indian market, if the customers and services offered by the company are different, similar trademarks may be protected. Public perception which is a relevant factor is possible with Twitter due to its current foothold in the market.

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Trademark Marketing Marketing Branding 96

Technology & Marketing Law Blog

AUGUST 12, 2023

That practice largely stopped in 2011 in the medical community when Medical Justice reversed course and stopped encouraging doctors to use gag contracts; and the CRFA’s passage further sent clear signals to the business community to quit it. 10, 2023) Robinson v. Hah , 2023 WL 5122503 (Tex.

Contracts 75

Contracts Licensing Business Blogging 75

Technology & Marketing Law Blog

MAY 15, 2023

2011 WL 1675043 (N.C. 28, 2011) Hare v. 2022) The post Two Common but Disingenuous Phrases About Section 230 appeared first on Technology & Marketing Law Blog. . * * * Appendix A: Cases Using the Phrase “Lawless No-Man’s-Land” Fair Housing Council of San Fernando Valley v. Roommates.Com, LLC , 521 F.3d

Brands 99

Brands Branding Branding Blogging 99

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

The IPKat

SEPTEMBER 4, 2024

In 2011, Fauré Le Page Paris filed applications for the French trade marks that were containing the words ‘Fauré Le Page Paris 1717’. AGA Rangemaster Group Limited (AGA) objected to the sales and marketing activities of a company, which sold second-hand AGA cookers retrofitted with an electronic control system.

Personality Rights 56

Personality Rights IP Copyright Art 56

The IPKat

OCTOBER 4, 2021

In 2011, Nestlé secured a preliminary injunction in Switzerland, based on its registered 3D mark, against Ethical Coffee Company's capsules. Quoting the CJEU, the Federal Supreme Court explained that trade mark law is an essential aspect of, and must contribute to, a competitively functioning free market.

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Public Domain Marketing Marketing Licensing 145

IP and Legal Filings

NOVEMBER 30, 2022

The 19th Asean meeting, which took place in November 2011, saw the introduction of the Regional Comprehensive Economic Partnership. By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region.

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Intellectual Property Marketing Marketing IP 84

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. Eagle Pharm., 2021-2342, — F.4th 4th — ( Fed. 18, 2022 ). 35 U.S.C. § 355(j)(2)(A)(vii)(IV). 3d 1366, 1378 (Fed.

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Branding Branding Brands Marketing 87

Plagiarism Today

JUNE 1, 2022

However, in February 2011, Google launched its “Panda” update , which heavily targeted content farms, including sites that were engaging in scraping. This has taken many forms, including article marketing and spinning. In 2006, for example, Google told legitimate authors not to worry about duplicate content issues.

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Plagiarism Copying Copyright Marketing 182

The IPKat

JUNE 11, 2022

However, upon further examination, it appears that the outcome was to be expected, given that revocation proceedings were based on a lack of genuine use of the mark between 2011 and 2016. from 14 October 2011 to 13 October 2016). Trying to follow Apple's words of wisdom.

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Advertising Advertising Reporting Registration 97

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. March 17, 2022). The complaint.

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Publishing Blogging Litigation Designs 122

TorrentFreak

FEBRUARY 15, 2022

Since 2011, the High Court has ordered ISPs to block access to many popular pirate sites. ‘Notorious Market’ What we do know is that the MPA has had Mixdrop on its radar for a while now. as a “notorious” piracy market in its most recent submission to the US Trade Representative.

Copying 103

Copying Television Intellectual Property Copyright 103

IPilogue

FEBRUARY 28, 2023

In 2011, to enforce the decision in the States, De Fontbrune brought the case to California who ruled in Wofsy’s favour in 2019. The appellate court agreed that Zervos’ photographs were protected by copyright, as it involved sufficient creativity.

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Fair Use Copyright Copyright Infringement Copyright Law 105