The IP Law Blog

DECEMBER 29, 2022

The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an antitrust claim. Google’s business model focuses on advertising revenue instead of charging users to utilize its search engine.

Advertising 104

Advertising Advertising Marketing Marketing 104

SpicyIP

AUGUST 2, 2024

These various brands have posted laudatory posts congratulating her for this achievement, while at the same time utilizing her image and Olympic win for their own commercial own use by using it in the form of an advertisement. Building onto this development, in 2015, the Madras High Court in Shivaji Rao Gaikwad v. Entertainment Pvt.

Brands 105

Brands Branding Branding Personality Rights 105

Technology & Marketing Law Blog

DECEMBER 31, 2021

2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). The post Twitter Can’t Quash a 512(h) Subpoena appeared first on Technology & Marketing Law Blog. Other Blog Posts on 512(h). Did a Court Eliminate 512(h) Subpoenas?–Maximized

Fair Use 124

Fair Use Blogging Marketing Marketing 124

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. This prompted a marketing review at DroidSticks.

Intellectual Property 103

Intellectual Property Cinema Marketing Marketing 103

43(B)log

JUNE 17, 2022

From 2015 to 2020, ASHI featured the following slogan on its website below its organizational logo: “American Society of Home Inspectors. The court of appeals declined to presume harm just because the parties were each other’s sole competitor in the national home inspector market. But wasn’t InterNACHI alleging sole competition?

False Advertising 56

False Advertising Advertising Advertising Marketing 56

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

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 138

Reporting Designs Design Marketing 138

The TTABlog

AUGUST 6, 2024

Shepherd’s contention, the Board did not err in crediting evidence from international websites, given its finding that they were in English and were directed to the United States market. Shepherd had little probative value because the affiants were not necessarily representative of the market. In re Louisiana Fish Fry Prods.,

Advertising 72

Advertising Advertising Public Use Marketing 72

43(B)log

FEBRUARY 21, 2024

Downloads declined after a 2015 peak. 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.” 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

TorrentFreak

APRIL 6, 2022

In 2019, LaLiga launched an investigation into a website advertised on social media that was being used to illegally market football content plus other material belonging to a “well-known” on-demand television platform. According to police sources, the site offered subscriptions to illegal IPTV and CCCAM services.

Social Media 143

Social Media Television Intellectual Property Technology 143

Technology & Marketing Law Blog

OCTOBER 29, 2021

2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce). Amazon appeared first on Technology & Marketing Law Blog. Court Rejects “Browsewrap.” Is That Surprising?–Long ProFlowers. Telephony Provider Didn’t Properly Form a “Telephone-Wrap” Contract–James v. Global Tel*Link. G Adventures.

Contracts 105

Contracts Privacy Blogging Litigation 105

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

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” The court also found “Ms. Teamsters Loc.

Social Media 119

Social Media Ownership Business Branding 119

Patently-O

JUNE 25, 2024

Hickma highlights some of the challenges that generics are facing when marketing drugs with these carved-out labels. The skinny label itself will not be enough to show inducement, but that evidence can be combined with other evidence (such as marketing) to prove liability. Here, the court follows a label-plus approach. Patent Nos.

Marketing 89

Marketing Marketing Patent Branding 89

IPilogue

MARCH 6, 2023

While Louboutin’s products retail for JPY80,000 ($613) and over and fall within the luxury brand market, Eizo’s shoes occupy the affordable or no-name brand markets, with an average retail price of JPY17,000 ($130). The court also took issue with Louboutin’s market research. 2015-29921 ). 2015-29921 ).

IP 59

IP Branding Brands Branding 59

43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” Safelite counterclaimed for trade secret theft not related to advertising.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Technology & Marketing Law Blog

JULY 5, 2022

Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising). Q2 2015 Quick Links, Part 1 (IP, Marketing and More). .” This also weighs in favor of fair use (?). Amount taken.

Fair Use 115

Fair Use Plagiarism Copyright Marketing 115

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

The TTABlog

FEBRUARY 16, 2022

million on advertising from 2017-2020, garnering $81 million in revenues from 2015-2020. However, opposer did not provide information regarding its market share or regarding advertising expenditures by its competitors. It sells ROMA brand frozen pizza in supermarkets in 29 states. It spent $2.3

Advertising 90

Advertising Advertising Registration Branding 90

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. And the exclusion also withdrew coverage for all related forms of marketing. about your goods, products or services”).

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

JULY 5, 2023

State law bars, among other things, false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions and advertising price comparisons without conspicuously identifying the origin of the price the seller is comparing to the current price. 3d 3 (2015). Philip Morris, Inc.,

False Advertising 72

False Advertising Advertising Advertising Marketing 72

Technology & Marketing Law Blog

AUGUST 3, 2021

Washington’s anti-SLAPP statute was struck down by the Washington State Supreme Court in May 2015. The post An Initial Look at Washington’s New Anti-SLAPP Statute appeared first on Technology & Marketing Law Blog. Effective July 25, 2021, Washington has a new anti-SLAPP statute.

Law 144

Law Litigation Government Advertising 144

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. Intent was neutral.

Advertising 69

Advertising Advertising Marketing Marketing 69

IP Tech Blog

FEBRUARY 1, 2023

The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 48

Advertising Advertising Branding Brands 48

43(B)log

OCTOBER 4, 2021

22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” Change over time in likelihood of confusion, not change over time in market share, is the key.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

LexBlog IP

MARCH 18, 2022

The Federal Trade Commission (FTC) has a long history of addressing issues involving cigarettes and tobacco, often in the advertising context. Is the goal here to have consumers talk about the topic of the day – e-cigarette marketing and youth uptake? There was also a dramatic shift in sales of flavored cartridges.

Reporting 52

Reporting Advertising Advertising Settlement 52

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.

Advertising 97

Advertising Advertising Reporting Registration 97

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. program, but not from its less-competitive EdD program (which was offered online after 2015).

Advertising 59

Advertising Advertising False Advertising Marketing 59

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. On this basis, the Court held that the defendant’s goods in (Kenyan) market would likely diminish the plaintiff’s goodwill.

Trademark 74

Trademark IP Registering Trademarks Branding 74

IP and Legal Filings

NOVEMBER 23, 2023

Case Study 2- Cristiano Ronaldo (6) In mid-June of 2015, Cristiano Ronaldo sells his image rights to Peter Lim, who is the owner of Mint Media Company and opposing La Liga club Valencia. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

Intellectual Property 105

Intellectual Property Privacy Branding Brands 105

IP and Legal Filings

FEBRUARY 24, 2025

Therefore, most tangible marks depend upon secondary meaning and, thus, there is a huge requirement for significant evidence, for example, consumer surveys, advertisements, and other market data. Another important criterion for trademark registration is non-functionality. NON-TRADITIONAL TRADEMARKS: A CRITIQUE. link] [2] Mishra, N.

Trademark Law 52

Trademark Law Trademark Law Branding 52

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

TorrentFreak

APRIL 29, 2022

Since 2017, Dish has been struggling to keep its stock price up from its 2015 and 2017 peaks,” LaBossiere’s answer begins. . (‘Dish’) was fined $280,000,000, of which it agreed to pay $210,000,000 in 2020 after Dish was found in violation of federal and state law. “In order to find new profit centers, this $15.49

Television 96

Television Licensing Branding Brands 96

LexBlog IP

DECEMBER 29, 2022

The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an antitrust claim. Google’s business model focuses on advertising revenue instead of charging users to utilize its search engine.

Advertising 52

Advertising Advertising Marketing Marketing 52

Garrigues Blog

FEBRUARY 5, 2024

” This wording corresponds to the transposition of Directive 2015/2436 of December 16. Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS. The Commercial Court No.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

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. Most recently, a Los Angeles based street artist by the name of Revok threatened to sue clothing retailer H&M for its use of one of his murals in a filmed advertisement.

Copyright Infringement 52

Copyright Infringement Copyright Settlement Advertising 52