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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.
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.
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
PrimeWire’s domains are blocked by court order in the United Kingdom , Ireland , Norway , Denmark and Portugal , and the site has been repeatedly branded a ‘notorious market’ by the MPA. Back in 2013 we published an interview with a person who at the time supplied movie and TV shows to sites including PrimeWire.
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. Musk has bridged that gap. unless you are a Nazi or wannabe.
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
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.
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. But a jury could find bona fide use.
Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. The 2013 circular on Bitcoin is one of the official opinions on how the Chinese government views cryptocurrencies.
The eatery owners argued that they had been using the name Burger King since 1992, which was over two decades before Burger King US entered the Indian market in 2014. It becomes critical to ask whether prior use in the worldwide market suffices in such cases.
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.
So-called ‘fully-loaded’ Android boxes were openly sold on eBay, Amazon, and other online platforms, while local markets, car boot sales, and dedicated retail units offered a same-day service. New Marketing Strategy Changed Nothing. New Marketing Strategy Changed Nothing.
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., 24-10595-WGY (D.
This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." Applicant markets KIST to reference a kiss." Opposer markets SUNKIST to reference the sun." It failed to do so. And so, the Board jettisoned the dilution claim.
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.” ” Market Effect. Nature of Use.
Whole Foods Market Service, Inc., Whole Foods began purchasing small quantities of basil from them and selling the product in Whole Foods Market stores in the San Diego area in 2007. False advertising: Plaintiffs didn’t plausibly plead a false or misleading statement in a commercial advertisement or promotion.
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.
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.
x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 29, 2013), [link]. [ii]
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.”
It has marketed its software under the name “SmartSync” since 2004 and obtained a trademark for SmartSync in 2007. It sells its software primarily to the United States Navy but, in 2013, sold its software to at least one major pharmacy chain.
23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data to US News and market the resulting ranking to the public. to 10.5%), and its ranking rose 16 places (from #38 to #22). USC didn’t appear on the list after that.
Financial intermediaries like banks and stock markets provided loans and facilitated share capital inflow and trading. However, start-ups often start with high costs and limited revenue, making it difficult for them to mobilize capital from traditional channels like the stock market or financial institutions. 100 Crores.
Grundman sued under the CLRA, the federal Magnuson-Moss Consumer Warranty Act, California’s Grey Market Goods Act, and its Song-Beverly Consumer Warranty Act. The watches were sold without the manufacturer’s express warranty but the seller, AuthenticWatches.com, provided its own warranty. Unsurprisingly, that triggered a federal lawsuit.
Painaway advertised its products as “Australia’s No. Around 2013, MaxRelief also made “Australia’s # 1” claims through its website, Twitter, and YouTube accounts. Around 2013, MaxRelief also made “Australia’s # 1” claims through its website, Twitter, and YouTube accounts.
It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.
The judgment made budget retailers realize the price they must pay for imitating established brands and stressed the virtue of originality in design, even within the lower end of the market. [3] Its reputation across the globe and exposure of Indian consumers through advertisements in foreign magazines were taken note of by the court.
Kellsport claimed use of the mark since 2013, but its evidence was questionable. Kellsport's evidence regarding advertising expenses were unaccompanied by any sample advertisements, and there was no evidence as to how often the advertisements appeared or how many consumer were exposed thereto.
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. the origin.
On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9. Appeals were dismissed by the Fourth Board of Appeal (BoA) on the basis that evidence had to prove genuine use of the mark in the five years preceding the Cancellation Division’s decision (i.e.,
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. Pet Go Round of Greensboro , Cancellation No.
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. 3d 1068 (9th Cir.
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.
In 2013, Germany introduced legislation (Sections 87f, 87g and 87h of the German Copyright Act) vesting press publishers with a waivable right over their news content. It concerns the waivability of the right and the modalities for its exercise.
Background In 2010, Buongiorno Myalert SA (Buongiorno), an Italian mobile apps and services provider, launched an advertising campaign for a paid subscription to a multimedia messaging service, marketed under the name ‘Club Blinko’.
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. Its sales figures lacked information regarding market share. ordinary consumers who purchase handbags.
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.
xxxiv] Justice Breyer was arguing that any “generic.com” mark will be eligible for trademark registration if they financially invest into advertising over some time which then, the consumer will be able to identify the mark with the source in consumer surveys. 21, 2013), [link]. [vi] Booking.com B.V., 2298 (2020) (emphasis added). [ii]
If so, read on… Pawing over the evidence… Background On 21 st June 2013, Destileras M.G., For example, there was a lack of evidence in relation to the distribution of advertising and marketing evidence, and the only evidence of turnover submitted was comprised of seventeen invoices. Feeling a bit tipsy with this result?
This may include surveys or market studies and statements from professional bodies or the specialised public. Information on turnover, sales figures and market shares as secondary evidence were not deemed enough without primary evidence. Lidl argued inter alia that the evidence for Portugal and Greece was insufficient.
17 of the Directive on Copyright in the Digital Single Market (DSM Directive). Such a long time – almost a year has passed since the Advocate General opinion (see here) – that a casual observer of copyright law may conclude that the judgment has lost its practical significance. The payments should be completed by the end of the year.
In conjunction with its claims, Sony filed a written statement with annexed evidence including: screenshots of announcements from websites regarding the launch of the PlayStation Vita console; press releases relating to the PlayStation Vita console and various games to be played on it; and various advertising brochures and videos.
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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