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

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. But a jury could find bona fide use.

Marketing 59

Marketing Marketing Trademark Registration 59

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

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. ’”. . Elliot v.

Advertising 131

Advertising Advertising Publishing Blogging 131

IP and Legal Filings

JANUARY 19, 2023

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.

Government 94

Government Marketing Marketing Business 94

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

IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. It gives the respective companies a competitive edge in a saturated market. Trademarks can be very important for businesses entering new markets. India became a part of the protocol in 2013.

Branding 104

Branding Brands Branding Technology 104

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

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.” ” Market Effect. Nature of Use.

Fair Use 105

Fair Use Licensing Copyright Marketing 105

TorrentFreak

NOVEMBER 14, 2022

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.

Intellectual Property 105

Intellectual Property Cinema Marketing Marketing 105

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., 24-10595-WGY (D.

False Advertising 59

False Advertising Advertising Advertising Publishing 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." 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.

Advertising 69

Advertising Advertising Marketing Marketing 69

43(B)log

OCTOBER 1, 2021

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.

False Advertising 53

False Advertising Advertising Advertising Marketing 53

43(B)log

FEBRUARY 26, 2024

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.

Advertising 59

Advertising Advertising False Advertising Marketing 59

IP and Legal Filings

JANUARY 2, 2024

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.

Business 98

Business Reporting Marketing Marketing 98

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

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

JIPL Online

APRIL 9, 2021

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]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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 IP Law Blog

MAY 20, 2021

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.

Trademark 98

Trademark Marketing Marketing Business 98

43(B)log

OCTOBER 7, 2021

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.

Litigation 59

Litigation Advertising Advertising Marketing 59

43(B)log

APRIL 26, 2022

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.

Television 56

Television Social Media Advertising Advertising 56

The IPKat

DECEMBER 17, 2021

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.

Trademark 74

Trademark IP Registering Trademarks Branding 74

IP and Legal Filings

SEPTEMBER 12, 2024

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.

Branding 98

Branding Brands Branding Trademark 98

Garrigues Blog

DECEMBER 10, 2024

Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements to access the register, into a trademark worth its weight in gold in the market. Acquired distinctiveness is a fundamental concept in trademark law.

Trademark 52

Trademark Intellectual Property Registration Marketing 52

The TTABlog

APRIL 19, 2024

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.

Advertising 45

Advertising Advertising Registration Marketing 45

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

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. the origin.

False Advertising 59

False Advertising Advertising Advertising Design 59

The IPKat

JUNE 11, 2022

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.,

Advertising 97

Advertising Advertising Reporting Registration 97

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. Pet Go Round of Greensboro , Cancellation No.

Law 52

Law Registration Design Designs 52

The IPKat

JANUARY 25, 2024

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’.

Advertising 67

Advertising Advertising Law Marketing 67

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. 3d 1068 (9th Cir.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

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

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP 143

IP Intellectual Property Copyright Trademark 143

The IPKat

DECEMBER 13, 2023

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.

Related Rights 80

Related Rights Publishing Licensing Contracts 80

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. Its sales figures lacked information regarding market share. ordinary consumers who purchase handbags.

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