Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. 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

TorrentFreak

AUGUST 24, 2023

government, leading to the platform making annual appearances in the USTR’s ‘notorious markets’ list. 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.

Government 81

Government Marketing Marketing Advertising 81

Herbert Smith Freehills

DECEMBER 13, 2021

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

Marketing 52

Marketing Marketing Business Technology 52

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. ” In other words, it needs to be a colour that distinguishes and defines a certain brand, thereby revealing the brand’s identity.

Trademark 88

Trademark Branding Brands Branding 88

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.

Copyright 245

Copyright Trademark Cease and Desist Copying 245

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. That both parties market and sell their products through the Internet is unpersuasive. Monster Energy Company v. Opposition No.

Designs 56

Designs Design Branding Brands 56

TorrentFreak

MARCH 10, 2022

Indeed, we report way more than they do but according to van Voorn, the North American market is being hit hard. Possibly as a result, mid-2020 Watchsomuch was advertising on Twitter that its.org domain wasn’t the only option for accessing the platform. So how do these agreements work?

Cease and Desist 92

Cease and Desist Reporting Advertising Advertising 92

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

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] 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. 139 (2016). [ix]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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

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

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

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.” Peloton’s core brand is Peloton.

Marketing 59

Marketing Marketing Trademark Branding 59

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

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

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

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. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality.

Copying 113

Copying Social Media Licensing Technology 113

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

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

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 risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. The person was later convicted in 2016.

Trademark 59

Trademark Publishing Journalism Copyright 59

43(B)log

JULY 15, 2022

For example, there was evidence that “Core Health waited until over a month after the agreement’s expiration to update its website and other marketing materials.” Freedom Rack remains the only machine on the market like the Max Rack; the plaintiff has not licensed another producer. When they did try, they missed some references.

Advertising 59

Advertising Advertising Licensing False Advertising 59

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. The claimant was owner of VAGISIL, a long-established product on the UK market since 1984.

Registration 96

Registration Cease and Desist Branding Brands 96

DuetsBlog

JUNE 15, 2020

Rapala: Happy Fishing on Mother’s Day (2012). Rapala Billboard Ads Continue to Engage (2013). Eat More Walleye? Top Ten Questions About Rapala Minnocchio (2015). I Get It, Rapala Will Fill Up Your Fish Cooler! Rapala’s Public Service Announcement? Rapala’s 2018 Fishing Opener Billboard Ads (2018). OK, I’ll go first.

Registering Trademarks 52

Registering Trademarks Trademark Branding Brands 52

IP and Legal Filings

FEBRUARY 4, 2022

For almost a century, the Plaintiffs have been making and marketing Unani and Ayurvedic medicines, oils, syrups, and non-alcoholic beverages, among other things. They claimed that because the word “Afza” is commonly used in the sharbat trade, many players in the sharbat market use it. Similarly, in Vardhman Buildtech Pvt.

Registration 66

Registration Trademark Trademark Law Marketing 66

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. ” Opposer’s SPOTIFY brand is so strong that it has been ranked among the “best” or most “relevant” in the United States and beyond.

Television 40

Television Music Advertising Advertising 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. 2016; resubmitted May 2018). September 23, 2016. August 30, 2016. April 5, 2016.

Litigation 52

Litigation Settlement Marketing Marketing 52

The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. Is Amazon using the marks itself where third parties market their goods on its platform?

Branding 72

Branding Brands Branding Litigation 72

43(B)log

MARCH 20, 2023

In 2016, the FDA removed the statement about worse clinical outcomes from the boxed warning and just warned about “diminished antiplatelet effect.” Preemption only applies when there is “clear evidence that the FDA would not have approved a change to [the brand name drug’s] label” required by state law.

Law 45

Law Advertising Advertising Journalism 45

Copyright Lately

MAY 1, 2023

As I explained in my discussion of the Rick Astley lawsuit , right of publicity and trademark law provided viable claims to Bette Midler and Tom Waits when imitations of their voices were used in advertising. ” VMG Salsoul, LLC v. Ciccone , 824 F.3d 3d 871, 888 (9th Cir. At least until the computers start touring, that is.

Music 84

Music Copyright Copying Copyright Law 84

LexBlog IP

DECEMBER 28, 2021

If you are an organization that handles customer information, it is essential that you have a comprehensive understanding of data privacy to avoid costly consequences and damages to brand reputation.   2016: NIST SP 800-171. Marketing Administrator. Governs payment and cardholder data used in transactions.

Privacy 52

Privacy Government Intellectual Property Business 52

Kashishipr

AUGUST 18, 2021

Therefore, the adoption of a series of marks to commercially market goods and services would not suffice the creation of a family of marks. The same is majorly influenced by the mode of use, nature of advertising, and inherent nature contributing to the inherent distinctiveness of the mark owing to its common characteristics.

Trademark 105

Trademark Registration Branding Brands 105

Above the Fold

MAY 25, 2022

billion in 2016, to 4.2 Beyond traditional advertisements, companies leverage “influencers” – from the micro-influencer to the Kardashians to showcase their products. Key takeaways include: Endorsements should make obvious the existence of material connection with brand. billion in 2021. [1] claims related to health conditions).

Social Media 52

Social Media Branding Brands Branding 52

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

The IPKat

JUNE 11, 2022

Do a quick Google search and you will find many sites explaining the history and significance of the phrase to Apple and its branding, and how it brought a new wave of popularity and interest to a floundering Apple company as of 1997. from 14 October 2011 to 13 October 2016). Trying to follow Apple's words of wisdom.

Advertising 97

Advertising Advertising Reporting Branding 97