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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Technology & Marketing Law Blog

JANUARY 18, 2024

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. 4) Social media “defective design” lawsuits go forward.

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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.

Moral Rights 135

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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

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Michael Geist

APRIL 5, 2022

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.

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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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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.

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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.

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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. 2] Adidas vs. The lawsuit raised an understanding of the value of enduring trademarks and the perils of “knock-off” designs. FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

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Branding Brands Branding Trademark 98

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

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43(B)log

OCTOBER 18, 2024

The operative claims were false designation of origin/false advertising in violation of the Lanham Act and coordinate state-law claims. Thus, plaintiff couldn’t show falsity for false designation of origin/false advertising. The other defendants, Hollandia, Heritage, and Saputo, supplied products to MGDH. the origin.

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False Advertising Advertising Advertising Designs 59

The IPKat

MAY 26, 2024

According to the EUIPO case-law ( R-1489/2017 , R-788/2013 ), smileys or emojis are typically used in both advertising and private communication to express positive emotions. The surge in the use of emoji and emoticons in online and digital communication prompts inquiries about their potential to serve as trade marks.

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The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

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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

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. Sunkist Growers, Inc. Intrastate Distributors, Inc. Opposition No.

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The TTABlog

AUGUST 3, 2022

Respondent established a first use date of December 2013. Petitioner sunk its own claim that its marks acquired distinctiveness in 2008 by testifying that its sales that year were $256; furthermore there were no advertising expenditures during 2008-2010. Natural Dog Acquisition LLC v. Pet Go Round of Greensboro , Cancellation No.

Law 52

Law Registration Designs Design 52

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

Fair Use 52

Fair Use Trademark Copyright Editing 52

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.

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Indiana Intellectual Property Law

AUGUST 18, 2021

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”). The acquired stores allegedly include four former Rickers stores in Fort Wayne, Indiana. Registration No.

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Trademark Registration Service Mark Advertising 52

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.

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SpicyIP

JANUARY 16, 2023

Communication of conceptual design to the public will not mean prior publication of the design, clarifies Delhi High Court. The court further held that mere communication of the concept of a design does not constitute prior publication. Case: Novateur Electrical & Digital Systems Pvt.

Trademark 102

Trademark Designs Design Registration 102

LexBlog IP

DECEMBER 11, 2023

24/2013, and Federal Law No. Strict regulations on tobacco and vaping advertisements. The competent authority may designate specific smoking and vaping areas subject to conditions outlined in the Implementing Regulation. 24/2013 Concerning Regulations of Federal Law No. 24/2013 Concerning Regulations of Federal Law No.

Law 52

Law Designs Design Advertising 52

43(B)log

AUGUST 18, 2022

However, Black & Decker did not in fact design, manufacture, distribute, or warrant the coffeemaker. The district court certified a class of those who purchased the coffeemaker at a New Mexico Wal-Mart store from 2009 to 2013, approximately 40,600 members. The coffeemaker evidently proved unsatisfactory, and the Pumas sued.

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Trademark Licensing Branding Brands 64

SpicyIP

JANUARY 2, 2022

The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law. Several petitions in the Madras High Court challenged the validity of rule 29(4) of the Copyright Rules, 2013. Merck Sharp and Dohme v. SMS Pharmaceuticals [Delhi High Court]. Saregama India Limited v.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

NOVEMBER 11, 2024

The name Haldiram has become synonymous with the aforementioned logo designs. As a result, the plaintiff brought a suit against the defendants under Section 16(1)(b) of the Companies Act, 2013. 3500 crores were the advertisement expenses and Rs. The defendants incorporated a company by the name “Haldiram Restro Pvt.

Trademark 88

Trademark Branding Brands Branding 88

The IPKat

OCTOBER 31, 2024

PGI “Nürnberger Rostbratwürste”, relying on the previous Regulation (EU) 1151/2012 , argued that the size and the shape of these mini sausages infringed its rights to the PGI in that: the name, the packaging and the online advertising of “Mini Rostbratwürstchen” is an evocation of PGI “Nürnberger Rostbratwürste” (Art. 13(1)(b), now Art.

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Art Advertising Advertising Litigation 53

Copyright Lately

OCTOBER 25, 2021

The humanized skeleton figure on the left is Skully, which artist and entrepreneur Gregory Spiers first conceived while designing a T-shirt for the Lithuanian Olympic basketball team. The humanized skeleton figure on the right is Curly, a character designed for Scholastic’s popular “Goosebumps” series of books.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

The IPKat

FEBRUARY 23, 2023

In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. This form of words was very like the version which failed in 2013 but with the most offending word therein, “predominant”, removed. It is not clear why, but Nestle did not appeal this decision.

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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. The Defendant on the other hand relied on the exception of the lack of novelty of the Plaintiff’s design and argued that there are many designs similar to the Plaintiff’s design.

Design 52

Design Designs Trademark Cease and Desist 52

The IPKat

APRIL 1, 2024

MHCS submitted a vast amount of information on sales figures, market share, the duration of use (dating back to the 19th century) and advertising material. The picture was created with Image Creator from Microsoft Designer. Lidl argued inter alia that the evidence for Portugal and Greece was insufficient. 209(4)(a) EUTMR ).

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Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. JLM”), to serve as a wedding, bridesmaid, and evening gown dress designer for JLM. As is often true in fashion, what once was old is now new again. Cohen , 173 F.3d

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Social Media Contracts Confidentiality Business 59

IP and Legal Filings

MAY 3, 2023

The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” Both engaged in fierce competition for Yellow Pages advertising. It was written with a distinct style and message. 1] [1916] 2 Ch 601. [2] 4] 499 U.S.

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43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” WCT’s Bike+ mark started as an ITU application on November 23, 2013 for “Downloadable mobile applications for recording and managing cycling activities.”

Marketing 59

Marketing Marketing Trademark Registration 59

IP and Legal Filings

SEPTEMBER 20, 2024

However, Sections 280 [8] and 284 [9] of the Copyright, Designs and Patents Act, 1988 compare agents to solicitors and grant them an equal privilege in terms of documentation, communication and information. 8] Copyright, Designs and Patents Act, 1988, § 280, No. 9] Copyright, Designs and Patents Act, 1988, § 284, No.

Law 52

Law Trademark IP Patent 52

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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

from Santa Clara University School of Law in 2013, his Ph.D. Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. He received his J.D.

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Due Diligence Patent Prosecution Litigation Intellectual Property 59

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The authors also look to lawmakers at the federal and state levels, who considered a variety of legislative proposals relating to biologics and biosimilars designed to improve patient access, encourage commercialization, and reduce costs. Companies are already taking advantage of these new designations. Biosimilar Regulatory Updates.

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Settlement Licensing Design Designs 40