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Earlier this week, the journal BMC Medicine announced that it will not retract a controversial 2013 paper authored by botanist Steven Newmaster. The paper, originally published in 2013, brought Newmaster to prominence in the field of botany and led to massive amounts of not just academic success, but also entrepreneurial success.
Next up today, The South China Morning Post reports that Audi and their advertising agency M&C Saatchi have apologized for a video campaign that featured Hong Kong actor and musician Andy Lau Tak-wah, saying that the video was a copyright infringement. UMG has been the distributor for Disney music since 2013.
Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for false advertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews. NatureWise’s products advertised that they met the same Dr. Oz-endorsed requirements. This was correct.
On October 30, 2013, a German company applied to the German Trade Mark Office (DPMA) for a word mark “Black Friday”. On December 20, 2013, the trade mark was registered for a large number of goods and services in classes 9, 35 and 41. However, continued the Federal Patent Court, the wording of Sec.
In this day and age, internet is a powerful tool for advertising with limitless reach and keyword advertising is the most popular form of digital advertising. Google AdWords, Google’s flagship program that facilitates keyword advertising is no stranger to legal controversies. What are Keywords?
As part of the course pedagogy, two question papers from 2013 and 2016 will be solved and methods to draft claims, specification, and abstract will be discussed. Participants can also send in their solved questions from the years 2013 and 2016 and they will get individual feedback. may be addressed to eoffice@techlaw.in.
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.
The Pirate Bay, for example, started accepting bitcoin donations in 2013. The site surprisingly shut down in the spring of 2013. According to publicly released information, the operators earned money through advertising and dodgy subscription scams. Pirate sites were early adopters of cryptocurrency.
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
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
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.
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.
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.
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.
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.
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.
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.
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.
According to Sonos, the company began sharing its technology with Google in 2013, when the two started working together. The newer products developed by Google are using different technologies, and Google’s main cash cow, online advertising, remains intact. . Sonos is a developer and manufacturer of audio products based in the U.S.,
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
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.
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.
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
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.
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. ’”. .
My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. seriously, are you still posting THERE???) TikTok bans.
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.
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.
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.
In Mohan Meakin Ltd v AB Sugars Ltd (2013), wherein the mark TALL MOM was deemed identical to OLD MONK on grounds of phonetic similarity, despite the difference in product categories (former being country liquor and latter being Indian Made Foreign Liquor), the Delhi HC found infringement under section 29(2)(c), while presuming consumer confusion.
The dominance of Google and Facebook in the digital ad market raises particular concerns, but that is a competition issue, not a news one and requiring the companies to pay for news based primarily on having developed a more successful digital advertising platform is not a supportable policy. A sampling would include: AllNovaScotia.
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].
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.
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.,
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.
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].
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.
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.
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.
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.
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.
“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.
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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