43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Lanham Act/ODTPA claims: First, the court declined to hold that Rule 9(b) applied to Lanham Act false advertising claims, which don’t require fraud.

False Advertising 45

False Advertising Advertising Advertising Patent 45

IP and Legal Filings

OCTOBER 30, 2023

Conceived by Ruth Handler and named after her own daughter, Barbie has, from its inception, been a driving force behind Mattel’s successful branding efforts, resulting in the sale of over a billion Barbie dolls and the expansion of the franchise into various media, including video games, merchandise, and a live-action movie.

Trademark 88

Trademark Branding Brands Branding 88

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. For the first two, Industria failed to show literal falsity.

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

MARCH 1, 2022

Jaguar Land Rover had used the imagery of the Maasai community to enhance the aesthetics of their advertisement. A shoe company called Masai Barefoot Technology as well used Maasai iconography while launching their brand. The Maasai Brand.

Intellectual Property 71

Intellectual Property Branding Brands Branding 71

The IPKat

MAY 3, 2022

In 2016, Verstappen was featured in a TV commercial for Dutch supermarket chain Jumbo. In this commercial, a (very accurate) look-a-like of Verstappen, wearing the identical racing outfit Verstappen wore in the Jumbo commercial, delivers groceries in Picnic branded lorry, as depicted below. Background What was the case about?

Law 132

Law Advertising Advertising Art 132

Patently-O

JULY 19, 2023

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. And, that person’s brand is their name, image, and likeness.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

Kluwer Copyright Blog

MAY 23, 2022

A slogan is not original – the Court clarified – where it includes a strongly evocative brand as the latter is capable of making the claim less creative and innovative. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

Copyright 104

Copyright Advertising Advertising Trademark 104

The TTABlog

JULY 18, 2024

The evidence also directly showed substantial revenues and advertising expenditures in the U.S. Opposer’s somewhat dated marketing reports and survey evidence demonstrated that INSTAGRAM has been shown to be a strong brand. based company." And the Board gave Opposer's enforcement activities some probative weight.

Editing 64

Editing Registration Advertising Advertising 64

Erik K Pelton

DECEMBER 20, 2022

Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2016: [link]. The firm has registered more than 4,000 U.S.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. Opposer claimed to own a family of MONSTER-formative marks, but it failed to prove the existence of a family of MONSTER marks prior to SS Vape’s July 2016 date of first use. The vape/smoke shops offer Opposer’s MONSTER and MONSTER ENERGY beverages in coolers displaying third-party brand names (e.g.,

Designs 56

Designs Design Branding Brands 56

Intepat

JULY 11, 2024

Introduction The issue came to light when one of the founders of a company named Dorje Teas put up a post on LinkedIn claiming that they have been served a copyright infringement notice by Shark Tank India for the unauthorized use of clips of their pitch on the show to advertise on Youtube and Meta ads. In the case of Myspace Inc.

Copyright 52

Copyright IP Social Media Copyright Law 52

TorrentFreak

DECEMBER 31, 2023

As is often the case, others have tried to hijack or take over the RARBG brand in the months that followed, but none come close to the original. Operating from 2016 until 2018, the Flawless IPTV service served over 50,000 UK households while generating millions in revenue by selling cheap subscriptions.

Copyright 101

Copyright Reporting Branding Brands 101

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Brands can choose to “gate” on Amazon with authorization letters, but how does the consumer know the seller will stick to selling genuine goods?

Fair Use 45

Fair Use Branding Brands Branding 45

TorrentFreak

AUGUST 24, 2023

The site was sued in the United States in 2016 and emerged on the wrong end of a $210,000 judgment , yet appeared entirely unaffected. One of the claimed benefits of Fmovies is that advertising is kept to a minimum. Fmovies Does Nothing But Grow No matter which tools rightsholders use against FMovies, nothing has worked thus far.

Government 81

Government Marketing Marketing Advertising 81

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. This primarily includes three groups of people: Those who sell costume elements on sites such as Etsy, those that use costumes in advertising or promotion and those that operated haunted attractions. Bottom Line.

Copyright 245

Copyright Trademark Cease and Desist Copying 245

TorrentFreak

MARCH 4, 2024

Anime piracy site B9Good first appeared way back in 2008, initially operating under B9DM branding. CODA says that its work against B9Good dates back to 2016 when it filed an administrative complaint in China. Defying the usual odds, 15 years later the site was still alive and kicking.

Reporting 88

Reporting Copyright Infringement Advertising Advertising 88

TorrentFreak

JUNE 22, 2023

A talented graphic designer, Bencko was responsible for Megaupload’s logo and ensuring that other sites in the group looked good and accommodated advertising properly. A year later, Bencko was posting videos of car restorations under his Pixelhood brand, but showing no obvious concerns about his fate in the Megaupload case.

Graphic Design 139

Graphic Design Reporting Designs Design 139

TorrentFreak

APRIL 29, 2022

A month later, DISH and NagraStar followed up with a new lawsuit claiming that former SetTV operators Jason LaBossiere, Sean Beaman, and Stefan Gollner had launched three new pirate IPTV services/brands. According to the complaint, ExpediteTV, Mundo TV, and Must TV offered DISH copyrighted content.

Television 60

Television Licensing Branding Brands 60

IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. The Chinese government has in fact already adopted several polices to promote the VR industry in China since 2016. 2035???????

Design Patent 57

Design Patent Designs Design Patent 57

43(B)log

JUNE 20, 2022

From 2011 to now, defendants continued to sell music and merchandise and to promote music videos and other media under the Darkside name, including creating a website to advertise their music and distributing sound recordings through Spotify, YouTube, and SoundCloud. The complaint didn’t rebut the presumption of prejudice.

Music 59

Music Branding Brands Branding 59

TorrentFreak

MARCH 10, 2022

Possibly as a result, mid-2020 Watchsomuch was advertising on Twitter that its.org domain wasn’t the only option for accessing the platform. There are additional domains too but since they aren’t publicly advertised, we won’t mention them here. So how do these agreements work?

Cease and Desist 92

Cease and Desist Reporting Advertising Advertising 92

Herbert Smith Freehills

DECEMBER 13, 2021

HK), AI-based mobile app developer and mobile advertising platform services provider Newborn Town Inc (09911.HK), HK), brand e-commerce retail and wholesale solutions provider UNQ Holdings Limited (02177.HK), billion in 2016 to 3.0 HK), online marketing solutions provider Netjoy Holdings Limited (02131.HK), 53.2%?????????2016??5????2020??30?????2025???40.1%?????????????163??.

Marketing 52

Marketing Marketing Business Technology 52

The TTABlog

MAY 17, 2023

Starbucks claimed that its logo is famous, but it did not provide sales and advertising figures tied to that particular mark. TTABlogger comment: When a party has multiple registered marks, it seemingly seldom can segregate its sales and advertising figures by mark. Read comments and post your comment here. Text Copyright John L.

Advertising 52

Advertising Advertising Designs Design 52

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., However, on 7 May 2021, the U.S.

Trademark 52

Trademark Registration Branding Brands 52

JIPL Online

APRIL 9, 2021

Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] 139 (2016). [ix] xi] See Diana Bradley, 5 Brands Insert Themselves into the Viral ‘Distracted Boyfriend’ Stock Picture , PRWEEK (Aug. Memetic Marketing in the Digital Age , 7 Geo.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP Whiteboard

FEBRUARY 8, 2021

In this article, we serve you up all the juicy details of the Full Court of the Federal Court decision on the appeal and cross-claim , and consider what the latest development in this case means for businesses feeling “inspired” by another company’s branding, trade marks and reputation. Lettuce recap. the In-N-Out Marks ). passing off.

Social Media 52

Social Media Branding Brands Branding 52

Greenspoon Marder LLP

SEPTEMBER 25, 2017

In May 2016, Delta Air Lines (“Delta”) filed a federal lawsuit, Delta v. Delta ultimately dismissed Webflyts in December 2016 after the website agreed to an injunction barring its representation of association with Delta and the practice of charging customers inflated cancellation fees. By: Sharon Urias, Esq. Fly Tech LLC et al.,

Business 52

Business Trademark Settlement Marketing 52

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

The TTABlog

JUNE 10, 2021

Nonetheless, applicant argued that relevant consumers perceive COOKINPELLETS.COM as its brand name," and the evidence showed that some third-parties use or understand COOKINPELLETS (with or without a space) and COOKINPELLETS.COM as capable of serving as a source indicator. Ghiorse , 119 USPQ2d 1178, 1187 (TTAB 2016).

Advertising 52

Advertising Advertising Social Media Marketing 52

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. StreamFab claims to be a sub-brand of DVDFab, a popular piece of software used to copy DVD and Blu-ray discs.

Copying 113

Copying Social Media Licensing Technology 113

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Malwarebytes software also allegedly claims to “detect and remove malware, PUPs, and other potentially threatening programs on users’ computers.”

False Advertising 59

False Advertising Advertising Advertising Business 59

The IPKat

NOVEMBER 29, 2021

Background In 2016, Verstappen featured in a TV commercial for Dutch supermarket chain Jumbo. In this commercial, a (very accurate) look-a-like of Verstappen, wearing the identical racing outfit Verstappen wore in the Jumbo commercial, delivers groceries in Picnic branded lorry.

Law 69

Law Copyright Law Advertising Advertising 69

LexBlog IP

JULY 10, 2023

325, 335–37 (2016). Lower courts could use Justice Jackson’s broader definition moving forward, or follow the narrower interpretation that only the creation, advertising, or sale of infringing products or services within the U.S. To apply the presumption, the Court used the two-step framework set forth in RJR Nabisco, Inc.

Advertising 40

Advertising Advertising Trademark Branding 40

The IPKat

JANUARY 6, 2022

This, I remarked, granted an effective monopoly in the word EAGLE (being the only shared element of the two brand names) notwithstanding the judge’s recognition that Sazerac was not entitled to such a monopoly. This included evidence that advertising campaigns for the defendant’s product led to increased sales of the claimant’s product.

Registration 96

Registration Cease and Desist Branding Brands 96

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 2016); Nat’l Numismatic Certification, LLC v. The amended opinion adds a brand new section independently dismissing the claim on its lack of merits. See, e.g., E-Ventures Worldwide, LLC v.

False Advertising 141

False Advertising Contracts Editing Advertising 141

SpicyIP

AUGUST 4, 2024

Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? It was also submitted that the advertisement of the plaintiff including their mark ‘RUMMYCIRCLE’ was changed to show ‘VRUMMY’ by the defendants. The defendants misrepresented themselves to be an extension of the plaintiff.

Social Media 89

Social Media Trademark Licensing Music 89

SpicyIP

MAY 10, 2023

June 7, 2016) by citing new, previously unmentioned, grounds. Shell Brands International AG v. Controller of Patents : Application cannot be rejected on new grounds of objections that were not raised previously Though the order does not mention the subject invention, it states that the dispute pertained to the Patent Application no.965/DELNP/2006

Trademark 108

Trademark Invention Patent Art 108