IP and Legal Filings

NOVEMBER 22, 2023

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

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43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

False Advertising 56

False Advertising Advertising Advertising Social Media 56

Patently-O

JUNE 22, 2022

Buyer’s Direct, Inc. , 3d 1301 (Fed. ” See Berry Sterling Corp.

Design Patent 141

Design Patent Designs Design Patent 141

The IPKat

JUNE 6, 2022

CIVC affirmed that “Champanillo” constituted an evocation of PDO “Champagne”, which is considered an infringement under Regulation (EU) No 1308/2013. In considering the case, the Barcelona Appeal Court expressed uncertainty regarding the interpretation of Regulation (EU) No 1308/2013, and so it requested for a preliminary ruling (case C?783/19

Social Media 128

Social Media Advertising Advertising Designs 128

TorrentFreak

APRIL 21, 2022

According to the prosecution, the five sites offered access to copyright-infringing material and generated over a million euros in revenue between 2013 and 2018. The case went to trial at a Madrid court this week where the prosecution sought five-year prison sentences against the mother and son.

Reporting 145

Reporting Copyright Infringement Advertising Advertising 145

TorrentFreak

NOVEMBER 1, 2021

Among other things, he allegedly advertised and trafficked circumvention devices, while maintaining regular contact with resellers throughout the world. Bowser’s involvement started in June 2013 and continued until his arrest last year. According to the indictment, Bowser was more than just a writer. Bowser Pleads Guilty.

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Technology & Marketing Law Blog

JUNE 29, 2022

This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. More Posts About Keyword Advertising. WhenU (2d Cir. 1-800 Contacts v.

Trademark 111

Trademark Advertising Advertising Blogging 111

IP and Legal Filings

FEBRUARY 5, 2024

Beginning with the Desirable Corporate Governance Code in 1998 and continuing through Chapter 11 of the Companies Act of 2013 , the idea of the independent director has been welcomed nearly universally. Duties of Directors Under the Indian Companies Act, 2013 – iPleaders.” 1 July 2021 Available at [link]. [2] 4] Pandey, Anubhav.

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TorrentFreak

DECEMBER 2, 2021

Defendants use the Copyrighted Works as the bait to lure the largest possible audience, so that Defendants will profit from advertisements shown to their users. Back in 2013 we published an interview with a person who at the time supplied movie and TV shows to sites including PrimeWire. Advertising and Referral Schemes.

Advertising 139

Advertising Advertising Copying Copyright Infringement 139

43(B)log

OCTOBER 10, 2023

Cornelia sued for (1) unfair competition and false advertising under the Lanham Act, (2) defamation, (3) intentional infliction of emotional distress, and (4) business disparagement. False advertising: This wasn’t commercial speech because the accused videos weren’t ads.

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Advertising Advertising False Advertising Social Media 49

TorrentFreak

JUNE 22, 2023

A talented graphic designer, Bencko was responsible for Megaupload’s logo and ensuring that other sites in the group looked good and accommodated advertising properly. With his former colleagues’ names rarely out of the media for long, Bencko spent much of 2012 and early 2013 retweeting news about the Megaupload case.

Graphic Design 145

Graphic Design Reporting Designs Design 145

TorrentFreak

DECEMBER 12, 2022

Due to Hollywood legal action, PrimeWire was among the first 30 sites to be blocked in the UK back in 2013 , but that was just the beginning. When the MPAA reported the site to the USTR in 2013 , it was hoped PrimeWire would fold but, despite additional reports over subsequent years, it carried on regardless.

Reporting 139

Reporting Copyright Intellectual Property Advertising 139

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

IP and Legal Filings

JUNE 10, 2024

PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court.

Trademark 97

Trademark Advertising Advertising Registering Trademarks 97

SpicyIP

NOVEMBER 23, 2021

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. The steady growth in search engine advertisement in India appears to have led to an uptick in the complaints of trademark infringement rooted in alleged misuse of keywords.

Trademark 105

Trademark Advertising Advertising Trademark Law 105

TorrentFreak

MAY 9, 2022

Between 2013 and 2020, a man from Finland operated three websites – lyrics.fi, lyricsfi.com and nettiradio.fi. “The man has been deemed aware of these prohibitions and has continued to act in spite of them,” the Court found, noting that the defendant reaped the benefits of his own on-site advertising instead.

Copyright Infringement 126

Copyright Infringement Copyright Music Copyright Law 126

JD Supra Law

JUNE 21, 2022

First released in 2000 and updated in 2013, the FTC’s.com Disclosures guidance has been relied on by advertisers hoping to “make effective disclosures in digital advertising” for the last two decades. By: Faegre Drinker Biddle & Reath LLP

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Advertising Advertising Technology 52

Technology & Marketing Law Blog

JULY 9, 2022

The FTC alleged that: from 2013 to mid-2018, nonsubscribers were unaware that “as many as 25-30 percent of Match.com members who registered each day were using Match.com to perpetrate scams.” Match Group LLC , 2022 WL 877107 (N.D. March 24, 2022). A rare and surprisingly bad loss for the FTC on Section 230. ’”. .

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Advertising Advertising Publishing Blogging 131

43(B)log

MARCH 27, 2023

24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the majority of workaday false advertising claims involving scientific fact are (correctly) treated as falsifiable. American Soc’y of Anesthesiologists, Inc., 4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.

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Journalism False Advertising Advertising Advertising 111

TorrentFreak

MAY 15, 2022

In 2013, it was one of the first to add support for Bitcoin donations , with Litecoin and Monero following shortly after. Initially, we assumed that this was some type of advertising deal for a third party, but the site swiftly reassured the public it was serious. This includes The Pirate Bay. The PirateToken. “Much Ideas.

Advertising 98

Advertising Advertising Marketing Marketing 98

The IPKat

JUNE 30, 2024

Slightly altered image of a Kat Facts In 2013, the RATP commissioned Amo Films to design and produce a collection of three photographic books. This judgment provides an opportunity to examine the concept of originality as applied to photographs, and also to understand what may constitute an infringement of moral rights.

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Moral Rights Copyright Infringement Copyright Advertising 134

Erik K Pelton

DECEMBER 20, 2022

On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2013: [link]. The court issued a preliminary injunction and the duo agreed to no longer use Vogue’s marks in connection with the album. Metaverse and NFT Filings Decrease. 2020: [link]. 2019: [link].

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Likelihood of Confusion

FEBRUARY 26, 2023

I’m just back from 10 days R&R in Egypt, and while I plow through all that piled up while gone, ponder this one: Outside the main entrance to the pyramid complex in Giza, there is a shop that advertises “Hand Made Pyrex Glasses.” Originally posted 2013-07-18 08:29:25. ” Pyrex is a Corning, Inc.,

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IP Advertising Advertising Blogging 52

43(B)log

OCTOBER 15, 2024

3, 2024) Advance sued YourBio, which competes in the market for at-home medical device testing patients’ level of anti-Mullerian hormone, for false advertising, tortious interference, defamation/disparagement, unjust enrichment, and unfair trade practices under Massachusetts statutory law. YourBio Health, Inc., 3d -, 2024 WL 4393314, No.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

The IPKat

JULY 14, 2022

In the decision by the Court of Appeal of England and Wales in 2013, it was held that due to the word ‘predominant’, the mark could not be a singular sign, but rather would grant a right to multiple signs, which could take different forms and appearances. It preserves all the practical problems of scope and adds more ” [paragraph 36].

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Public Domain Advertising Advertising Registration 98

The TTABlog

FEBRUARY 22, 2022

In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013). 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

IP and Legal Filings

JANUARY 19, 2023

In an effort to enhance investor protection and reduce financial risk, the government has implemented legislation since 2013 that ban the trading of cryptocurrencies and any connected activity. The 2013 circular on Bitcoin is one of the official opinions on how the Chinese government views cryptocurrencies.

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SpicyIP

NOVEMBER 2, 2021

Accepted & Advertised. Advertised before acceptance. Once the dataset was built, we segregated examination reports on basis of whether the mark was accepted or whether it was objected to. Exam Report Issued. Rectification Filed. Registered. Under Division.

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Reporting Trademark Advertising Advertising 126

43(B)log

OCTOBER 1, 2021

Whole Foods allegedly used and continued to use a photograph of this event in its advertising materials “to show Defendants’ purported commitment to local farms and giving back to the local community.” False advertising: Plaintiffs didn’t plausibly plead a false or misleading statement in a commercial advertisement or promotion.

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False Advertising Advertising Advertising Marketing 53

Greenspoon Marder LLP

JANUARY 19, 2014

The “Intellectual Property Bill” was introduced in the UK in August 2013, and has been under debate. He calls for action against search engines, against ISPs and advertisers, in addition to the commercial source and the consumer of pirated content. By: Sharon Urias, Esq.

Law 52

Law Intellectual Property Music Advertising 52

43(B)log

DECEMBER 29, 2022

“The central issue in this case is whether Circle K’s discount advertisements misled customers into believing that the multi-pack discount applied to purchases of cartons.” But these variations were not material to “the central issue of whether purchasers of cartons received the multi-pack discount that was advertised.

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Advertising Advertising False Advertising Law 59

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.”

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False Advertising Advertising Advertising Registration 59

43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

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Fair Use Trademark Copyright Editing 52

43(B)log

FEBRUARY 26, 2024

US News began publishing a specialty ranking of online master’s degrees in education in 2013, when USC Rosier’s online Master of Arts in Teaching program ranked #44. USC allegedly orchestrated this scheme through its submission of false/incomplete data, and then advertised the resulting rankings knowing that they were misleading.

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Advertising Advertising False Advertising Marketing 59

TorrentFreak

NOVEMBER 14, 2022

AndroidSticks Ltd was incorporated in November 2013, with sole director Halton Powell describing his occupation as ‘Electronic Technician’ Almost immediately Powell was tackling his first intellectual property-related problem and in August 2014, AndroidSticks Ltd was sensibly renamed DroidSticks Ltd instead.

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Intellectual Property Cinema Marketing Marketing 105

The TTABlog

OCTOBER 5, 2023

This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." Opposer submitted sales and marketing expenditures for fresh fruit from 2013 to 2021 and for carbonated soda from 2007 to 2021. It failed to do so. And so, the Board jettisoned the dilution claim.

Advertising 69

Advertising Advertising Marketing Marketing 69