43(B)log

JULY 24, 2023

Thanks to its patents, Amgen enjoyed a temporary exclusivity period for pegfilgrastim injections until 2015. The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. Sandoz Inc. 2023 WL 4681569 , No. 2:22-cv-05326-RGK-MARx (C.D.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

Technology & Marketing Law Blog

JULY 17, 2021

The opinion cites the 2015 NFB v. Gannett appeared first on Technology & Marketing Law Blog. The court acknowledges the precedent applying the ADA to retailers’ websites, but it doesn’t extend to a standalone content website. Scribd precedent but doesn’t distinguish it. National Federation of the Blind v.

Blogging 130

Blogging Television Publishing Advertising 130

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.

Branding 105

Branding Brands 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

The IPKat

MARCH 25, 2024

If you knew how to complete this phrase in 2015, you are part of the few percent of consumers who heard of the city of Compton and knew about its connection with hip-hop and rap music. Background On 8 September 2015, BIW Invest AG (‘BIW’) applied for registration of EU trade mark no. Both trade marks were registered.

Music 109

Music Cinema Design Designs 109

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

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

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. Then, in Liapes v. Musk has bridged that gap. unless you are a Nazi or wannabe.

Law 111

Law Social Media Advertising Advertising 111

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

IPilogue

APRIL 21, 2022

People who used Airbnb for the first time since October 2015 may be eligible for up to $45 in credit. These emerging class actions demonstrate how case law can help adapt statutes to changing sale environments and serve as an expensive warning to retailers that hide fees to better market products online.

Settlement 117

Settlement Law Advertising Advertising 117

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

Kluwer Copyright Blog

NOVEMBER 22, 2021

Parts 1 and 2 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here and here , and part 4 will be published on the blog shortly. In another decision in 2015 , the BGH further specified the provisions of the UsedSoft case law.

Related Rights 52

Related Rights Law Copyright Copying 52

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 Branding Brands 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

The IPKat

NOVEMBER 20, 2023

Background On 14 July 2015, 44IP Limited (’44IP’), which manages the IP rights of Sir Lewis Carl Davidson Hamilton MBE, filed EU trade mark application no. The application of this principle required Lewis Hamilton to be famous in the entire EU at the filing date of the contested application, i.e. on 14 July 2015.

Art 107

Art Branding Branding Brands 107

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

The IPKat

NOVEMBER 30, 2023

Prosecco from Northern Italy had been in the Singapore market since about 2011. AGWI submitted evidence that more than 25 brands of Prosecco had been exported from Australia to Singapore since 2015, albeit in much smaller quantities than from Italy.

Registration 135

Registration Advertising Advertising Law 135

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

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 69

Advertising Advertising Law 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 Branding 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

SpicyIP

SEPTEMBER 8, 2024

Another interesting issue that was going on at that time was Nokia v HMRC where the UK court ruled that “in-transit” goods not intended for the local market could not be seized. Generally, the benchmark for comparative advertising hinges on the “average consumer” test. See e.g., here , here , and here. Check Mihir’s post for more.

Advertising 111

Advertising Advertising IP Patent 111