43(B)log

JULY 24, 2023

Thanks to its patents, Amgen enjoyed a temporary exclusivity period for pegfilgrastim injections until 2015. But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. Sandoz Inc. 2023 WL 4681569 , No. 2:22-cv-05326-RGK-MARx (C.D.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

TorrentFreak

JUNE 22, 2023

In February 2015, Nomm suddenly surfaced in Alexandria, Virginia, the district where the Megaupload indictment had been filed three years earlier. Julius Bencko, Graphic Designer In the United States government’s superseding indictment dated February 16, 2012, Julius Bencko is described as a citizen and resident of Slovakia.

Graphic Design 145

Graphic Design Reporting Design Designs 145

TorrentFreak

JANUARY 16, 2023

Interestingly, we did spot the site on an advertising blacklist maintained by City of London Police’s Intellectual Property Crime Unit (PIPCU). “This site is in breach of UK law, namely Copyright, Design & Patents Act 1988, Offences under the Fraud Act 2006 and Conspiracy to Defraud,” PIPCU writes.

Music 143

Music Intellectual Property Copyright Copyright Infringement 143

TorrentFreak

SEPTEMBER 30, 2022

With Arcom supporting their every move, various rightsholders stepped up to take advantage of new legislation designed to make pirate site blocking more efficient, to combat mirror sites and proxies, and to further punish sites by restricting appearances in search engines and curtailing advertising opportunities.

Reporting 139

Reporting Design Designs Marketing 139

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . A decision in 2015 concerned the definition of “public” in the act of communication.

Law 52

Law Copyright Television Copyright Infringement 52

43(B)log

APRIL 25, 2022

The plaintiffs alleged that the stamps themselves were “a powerful form of advertising because they allow the Brazilian plywood companies to market their products as conforming to an important American safety standard.” pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising.

False Advertising 56

False Advertising Advertising Advertising Licensing 56

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. Uber Technol., 20-cv-2320 (PKC) (S.D.N.Y.

Graphic Design 59

Graphic Design Advertising Advertising Technology 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

43(B)log

APRIL 29, 2024

2015) “in this circuit, a reverse passing off claim requires the alteration of a product and a subsequent sale.” False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service.

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

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. 3d 983 (2015). 3d 983 (2015). [3]

Branding 98

Branding Brands Branding Trademark 98

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 62

False Advertising Advertising Advertising Settlement 62

Selvam & Selvam Blog

DECEMBER 6, 2024

For IndiGo, the 6E callsign has been an integral element of the official designator and a brand identifier for the past 18 years. IndiGo has also secured registration for the word mark 6E Link under multiple classes in 2015. Notably, 6E has become a dominant feature and exclusive to the Indigos brand and its associated services.

Trademark 52

Trademark Intellectual Property Registration Branding 52

The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

Design 40

Design Designs Design Patent Advertising 40

IPilogue

MARCH 6, 2023

On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co., 2015-29921 ). Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

IP 59

IP Branding Brands Branding 59

The IPKat

NOVEMBER 30, 2023

Furthermore, it was only after Italy claimed 'Prosecco' as a protected designation of origin that the EU declared the 'Prosecco' grape variety would be renamed as 'Glera' in 2009. Prosecco' had also been referred to as a grape variety in a treaty between the European Union and Australia.

Registration 134

Registration Advertising Advertising Law 134

IP and Legal Filings

DECEMBER 16, 2024

However, proving that the design is distinctive enough to be protected and does not serve a functional purpose remains problematic. This protection allows the brand to safeguard its visual identity, as well as stop other businesses from using their designs’ look and feel, maintaining exclusivity and value of designs.

Branding 52

Branding Brands Branding Design 52

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” SF Design Group. Fredman Design Group. We blogged this case twice before.

Social Media 119

Social Media Ownership Business Branding 119

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.

Design 52

Design Designs Copying Art 52

LexBlog IP

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 52

False Advertising Advertising Advertising Settlement 52

Indiana Intellectual Property Law

AUGUST 6, 2021

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. Since 2015, Energy claims it has spent over $22.6 million dollars in promoting the Full Throttle® brand.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

Greenspoon Marder LLP

MARCH 27, 2018

Sometimes the works in question are reproduced on clothing, other times the works are featured in advertising and marketing campaigns. A well-known street artist known as Rime has filed lawsuits against prominent designers Vince Camuto and Moschino, both which ended in settlements. The terms of the settlements were not disclosed.

Copyright Infringement 52

Copyright Infringement Copyright Settlement Advertising 52

The TTABlog

JANUARY 12, 2022

114 USPQ2d 1497, 1502 (TTAB 2015) (quoting Coach Servs. , The Board found Spotify's advertising and publicity-related evidence to be "overwhelming." The applicant's word-plus-design mark is dominated by the word SPOTIFY. & Servs., 101 USPQ2d at 1723-24)." There was no dispute that the mark SPOTIFY is inherently distinctive.

Music 75

Music Advertising Advertising Registration 75

Indiana Intellectual Property Law

APRIL 4, 2023

Albert’s”) filed suit against AaLAND Diamond Jewelers (“AaLAND”) for Trademark Infringement, False Designation of Origin, and Unfair Competition in violation of Lanham Act, 15 U.S.C. Cullen Wulf took over ownership of AaLand Diamond Jewelers in mid-2015, per their website. Code § 24-2-1-13.5 and Common Law Unfair Competition.

Trademark 52

Trademark Social Media Advertising Advertising 52

43(B)log

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh.

False Advertising 72

False Advertising Advertising Advertising Design 72

43(B)log

OCTOBER 4, 2021

But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. So the fact that J-B Weld had low sales in 2015 is not an excuse for delaying, but rather a reason why Illinois Tool should have acted then. package closeup standalone parts?

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. 2015) (cleaned up). 2015) (cleaned up). Superior Court, 9 Cal.5th Google, Inc.,

False Advertising 59

False Advertising Advertising Advertising Business 59

The IPKat

DECEMBER 17, 2021

In May , a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws.

Trademark 74

Trademark IP Registering Trademarks Branding 74

43(B)log

SEPTEMBER 11, 2023

In 2015, the crown mark was registered. Meanwhile, Rex Exchange, founded in 2015, offers an online platform for homeowners and homebuyers to transact the sale of single-family homes. Section 43(a) reaches more broadly; the court here applies Lexmark to both false advertising and trademark claims.

Advertising 69

Advertising Advertising Marketing Marketing 69

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The warning came as a result of complaints from various artists and designers who assert that their works are being distributed on various platforms without benefitting them.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

IP and Legal Filings

OCTOBER 28, 2023

2015) What is trademark dilution? TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “ www.nolo.com.

Trademark 96

Trademark Registering Trademarks Trademark Law Branding 96

The TTABlog

JUNE 1, 2023

The Board upheld the USPTO's refusals to register the two proposed marks shown below, for "hotel services; provision of conference, exhibition, and meeting facilities," finding that the building designs are not inherently distinctive and lack secondary meaning. In re Palacio Del Rio, Inc. Serial Nos. See In re Frankish Enters.

Design 40

Design Designs Advertising Advertising 40

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. In May 2015, applicant was removed from the SDNT list. In October 2015 it filed an application to register its EUCALIN mark. Who Owned the Mark?:

Ownership 40

Ownership Litigation Registration Business 40

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The Design Patents are for a variety of powder guns and spray equipment. January 6, 2015. They allege to be an Integrator of Gema Products, not a Gema Distributor.

Trademark 40

Trademark False Advertising Patent Registration 40

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The Plaintiff, an architect, produced architectural drawings and plans which were approved and registered by the County Government of Kajiado under application Number P/761/2015. NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Intepat

NOVEMBER 14, 2022

Advertising; Business management, organization, and administration; Office functions. Scientific and technological services and research and design relating thereto; Industrial analysis, industrial research and industrial design services; Quality control and authentication services; Design and development of computer hardware and software.

Trademark 98

Trademark Registering Trademarks Registration Music 98