The IP Law Blog

AUGUST 4, 2022

Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Alexis Hunley et al v. In September, U.S.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

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

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” The defendant did not give the specified attribution.

Fair Use 105

Fair Use Licensing Copyright Marketing 105

IP and Legal Filings

APRIL 19, 2022

The fundamentals of takedown and the process of giving it are laid forth in Rule 75 of the Copyright Rules [2013]. A violating copy of the work, whether brief or extra storage, should be owned by the complainant and not indicated under Section 52 or any other section of the Copyright Act [1957].

Copyright Law 94

Copyright Law Copyright Law Copyright Infringement 94

The TTABlog

AUGUST 19, 2024

Petitioner began using its mark in 2013, spent more than $500,000 in promotional efforts, and garnered some $49M in total revenue while securing approximately 70,000 permits for its customers. Furthermore, petitioner's sales and advertising figures were not placed in industry context.

Registration 49

Registration Advertising Advertising Service Mark 49

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d 3d -, 2022 WL 4591905, No. 18-CV-5930 (MKB) (E.D.N.Y.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

IP and Legal Filings

NOVEMBER 23, 2024

Influence of AI, AI tools may be applied to copy logos and packages pretty closely, so the buyer will hardly be able to distinguish the original thing from the fake one. India became a part of the protocol in 2013. Protection of trademarks across borders is also costly, and can also take a lot of time.

Branding 104

Branding Brands Branding Technology 104

LexBlog IP

FEBRUARY 28, 2022

9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v. precisely replicat[ing] a copyrighted advertising logo to make a comment about consumerism’ (such as Warhol’s well-known depictions of Campbell’s soup cans), which ‘might. fall within the scope of fair use.’” Id.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IP and Legal Filings

SEPTEMBER 12, 2024

Apple had accused Samsung of copying the features of the iPhone, like the rounded-rectangle shape, home button, and the grid icon layout. Its reputation across the globe and exposure of Indian consumers through advertisements in foreign magazines were taken note of by the court.

Branding 98

Branding Brands Branding Trademark 98

The TTABlog

MAY 16, 2023

Comptime claimed substantially exclusive use since 2013, but in light of the highly descriptive nature of the mark, the Board exercised its discretion to deem that evidence insufficient. Comptime spent about $13,000 per year on advertising, but the Board was not impressed with these relatively modest expenditures.

Registration 52

Registration Advertising Advertising Copying 52

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AKF sued LCF etc. AT&T Mobility, LLC, 710 F.3d

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

The IPKat

DECEMBER 17, 2021

The Plaintiffs highlighted specific instances where the Defendants falsely represented themselves as the Plaintiffs when applying for work for the Kenya Film Commission’s Technical Proposal KFC/OT/05/2013/2014 by using the Plaintiffs’ trademark ‘ACAL' without the Plaintiffs’ authority or consent.

Trademark 74

Trademark IP Registering Trademarks Branding 74

The TTABlog

JANUARY 24, 2022

Applicant has sold its "Ark" bag since January 2013, with sales increasing sharply in 2017. The applicant did not offer survey evidence nor any evidence of "look for" advertising. The issue, then, was the primary significance of the proposed mark. The burden to prove acquired distinctiveness is higher for a product configuration.

Design 52

Design Designs Registration Music 52

Technology & Marketing Law Blog

AUGUST 30, 2021

This litigation was a residual action (commenced in 2013) that concerned public performances that occurred before the Classics Protection and Access Act was enacted. 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.

Blogging 98

Blogging Copyright Settlement Ownership 98

JIPL Online

APRIL 9, 2021

If memes are so powerful to engage users with the underlying content, as recognized by their increased use as an advertising tool, then how can the same corporations claim that memes are creating a serious harm that the law should recognize and protect? 29, 2013), [link]. [ii] 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat?

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

NOVEMBER 20, 2023

The BoA discussed the items of evidence filed by 44IP: Statistical data of people watching Formula 1 in 2013 did not include data from Bulgaria, Croatia, Estonia, Latvia and Lithuania. They also lacked information on the number of copies sold and their distribution among the general public or the number of online views.

Art 105

Art Brands Branding Branding 105

LexBlog IP

AUGUST 4, 2022

“Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. In September, U.S.

Copyright Infringement 52

Copyright Infringement Licensing Publishing Copying 52

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. It was ambiguous.

Registration 76

Registration Advertising Advertising Law 76

IP and Legal Filings

AUGUST 14, 2023

Online marketplaces, such as online auction houses, or websites that advertise their unlawful nature are used to trade or profit from tangible counterfeit or pirated items in every category. Person A makes a copy of the movie on his phone and shares it with his friends. The reason being a larger audience can watch the film for free.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

IIPRD

DECEMBER 28, 2021

The unlimited membership offer is no longer available on the site, although it did remove advertisements, which was the main difference between it and the free version. Apple music has been against freemium model as it believes it does not bring revenue to the music industry through advertising.

Music 40

Music Business Copying Licensing 40

43(B)log

FEBRUARY 21, 2024

Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” Downloads declined after a 2015 peak. Significantly favored Peloton.

Marketing 59

Marketing Marketing Trademark Registration 59

Intepat

APRIL 19, 2023

In other words, copyright does not prevent others from creating a similar software program or user interface, as long as they do not copy the original code or design. 2013, the Patent Office issued further guidelines and set forth that inventions involving a technical effect or those which solved a technical problem were patentable.

Invention 52

Invention Intellectual Property Patent Copyright 52

IP Whiteboard

JULY 19, 2021

Determining whether the copyright of a work has been infringed requires a comparison to be made of the respective works and involves: first, identifying the works in suit in which the copyright subsists; second, identifying in the allegedly infringing work the part which is alleged to have been taken, derived or copied from the copyright work; and.

Copyright Infringement 40

Copyright Infringement Copyright Music Publishing 40

The IPKat

MARCH 27, 2022

The parties Fairfax & Favor was started in May 2013 by two schoolfriends who wanted to design their own luxury leather goods after initially importing goods from Spain. In those emails with Mr Arroyo, Mrs Meikle sent him a link to a page showing the Amira boot so that Mr Arroyo could " copy exactly " this boot.

Design 52

Design Designs Copying Art 52

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. KTTADI and KHADI are prima facie similar, rules Delhi High Court.

Design 52

Design Designs Trademark Cease and Desist 52

SpicyIP

DECEMBER 20, 2023

In 2014, the Bombay High Court restrained the singer Mika Singh and the recording label OCP Music from publishing an advertisement that impinged Sonu’s personality rights. Interestingly, before Bachchan’s issue, Suchita elaborated on the status of personality rights in India against the backdrop of claims of the wife of the late Steve Irwin.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Coinciding with this announcement, FDA issued draft guidance addressing promotional labeling and advertising considerations for prescription biological reference and biosimilar products. 262( l )(3)(A) or ( l )(7)). AB 824 also provides that the State of California may obtain significant civil penalties for violations.

Settlement 40

Settlement Licensing Design Designs 40

The IPKat

JUNE 23, 2022

Fenty v Arcadia [2013] EWHC 1945 (Ch) confirmed a long line of authority that this kind of evidence was admissible. Predictably, these third parties made available watch faces copied from watches made by others including the Swatch group of companies (which owns brands like Tisso, Omega and Breguet).

Branding 73

Branding Brands Branding Litigation 73

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising. Coinciding with this announcement, FDA issued draft guidance titled “ Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products Questions and Answers.”

Litigation 52

Litigation Settlement Marketing Marketing 52

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The papers were taken from copies of the examination papers that students provided, not from publications by the University of London Press Ltd.

Copyright 98

Copyright Public Domain Copying Publishing 98

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. Compendium, at Section 313.2 ]. copyright law. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. State of T.N., Scripps Howard Broadcasting Co., 2007, I, no.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

IP and Legal Filings

OCTOBER 23, 2024

However, in the era of global market and globalisation, it is only a matter of fact to copy a brand’s name and mark for one’s own company. “A 3) If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the person giving notice of opposition. (4) WilliamShakespeare.net. Trademark squatting.

Trademark 74

Trademark Registration Branding Brands 74