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. So, did Industria satisfy Lexmark ? But the third statement was literally false.

False Advertising 59

False Advertising Advertising Advertising Registration 59

azrights

MAY 10, 2022

Not understanding the role of Brand Names in Business led to China Tang having to rebrand even though they had been using the name for 12 years. Read, listen to podcasts and audio books, take courses such as Brand Tuned to discover better ways to design your business, get clients, and serve your existing ones. Business is hard.

Business 98

Business Branding Brands Branding 98

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

azrights

NOVEMBER 3, 2021

The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. Enforcement of your rights prevents market confusion. Staples, Office Depot and Office World were the 3 brands left standing in their category. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

Trademark 54

Trademark Advertising Advertising Registration 54

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 107

Copyright Advertising Advertising Trademark 107

LexBlog IP

AUGUST 16, 2022

Well, according to consumer watchdog Truth In Advertising (TINA), by failing to disclose (i) their material connection to the NFT brands as well as (ii) the risks associated with investing in volatile speculative digital assets, these celebrities may be engaging in deceptive advertising practices. So what’s the harm?

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Branding Brands 52

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. 1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes.

Trademark 85

Trademark Branding Brands Branding 85

LexBlog IP

AUGUST 23, 2023

Courts have long recognized that “trade dress,” i.e., the visual appearance of a company’s goods or services and their associated packaging, can serve the same source-identifying function as more traditional trademarks, such as brand names and logos. Thus, brand owners can, and do, register their trade dress at the PTO.

Designs 52

Designs Design Advertising Advertising 52

Likelihood of Confusion

JANUARY 25, 2022

Probably isn’t good enough pic.twitter.com/9rQwe0JVMm — Ron Coleman (@RonColeman) May 17, 2017 Originally posted 2017-05-18 06:36:08. Republished by Blog Post Promoter. The post Participation vacancy appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 98

Blogging Branding Brands Branding 98

Intepat

APRIL 10, 2022

It assists in market development, quality, and technology up-gradation. Overall, the MSME scheme fosters the growth and development of these enterprises and assists them in flourishing among existing top brands. Trademarks will build trust and increase the brand’s reputation in customers’ minds. Registration fee.

Registration 52

Registration Trademark Branding Brands 52

The TTABlog

JUNE 5, 2023

Applicant's "test mode" website indicated that it would be marketing itself as “the pet drink specialist” and it asserted that "Pet C Cola is the nutritional and super tasty drink for dogs and cats." Opposer has continuously advertised and sold beverages under the mark PEPSI-COLA since 1898. Pet C Cola Corporation , Opposition No.

Branding 52

Branding Brands Branding Advertising 52

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

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. Since 2017, Dish has been struggling to keep its stock price up from its 2015 and 2017 peaks,” LaBossiere’s answer begins.

Television 59

Television Licensing Branding Brands 59

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. 2017), a restaurant was using a tagline called ‘by Gautam Gambhir’ without any authorization. For instance, in Titan Industries Ltd.

Branding 98

Branding Brands Branding Personality Rights 98

The IPKat

NOVEMBER 20, 2023

He won four other titles in a row from 2017-2020. Total visits of the website www.lewishamilton.com from the five EU Member States mentioned before ranged from 1,200 to 8,200 between May 2015 and November 2017, amounting to less than 0.2 % of the total population of these countries. 128 et seqq.).

Art 102

Art Branding Brands Branding 102

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. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IP Law Blog

MAY 20, 2021

It has marketed its software under the name “SmartSync” since 2004 and obtained a trademark for SmartSync in 2007. Dropbox launched its Smart Sync feature in 2017 and was previously aware of Ironhawk’s SmartSync mark.

Trademark 98

Trademark Marketing Marketing Business 98

43(B)log

FEBRUARY 15, 2022

As a plaintiff, you probably don’t want the background narrative to start with “Plaintiff started selling BoostLash, which has the same purpose and functionality as Idol Lash, in 2017, while plaintiff’s principals were still employed at Idol Lash.” Was BoostLash descriptive despite the registration? Summary judgment for Woo.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

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

LexBlog IP

MAY 20, 2022

In a piece of practical good news, the proposal says that an advertiser does not need to clean out old endorsements from its social media pages as long as the older endorsements are dated and not subsequently reposted. We assume this is limited to when an endorser has truly moved on and no longer believes in the endorsed product.

Social Media 52

Social Media Advertising Advertising Branding 52

43(B)log

FEBRUARY 17, 2022

Elysium’s expert, Sowers, tested the allegation that ChromaDex advertising deceived customers into believing that the FDA reviewed ChromaDex’s product, Tru Niagen, for efficacy. Respondents were never shown an advertising statement conveying the control message.” As a general matter, “[e]rrors in methodology.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

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. Downloads declined after a 2015 peak.

Marketing 59

Marketing Marketing Trademark Branding 59

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 70

Branding Brands Branding Litigation 70

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. Early in 2017, Singapore introduced “non-physical product” in the amended “ Registered Designs Act 2000 ” (RDA).

Design Patent 57

Design Patent Designs Design Patent 57

SpicyIP

FEBRUARY 13, 2023

However, regarding the affidavit of user, the court noted that the application was filed before the 2017 Trademark Rules that prescribe for an affidavit of user, and thus the same cannot be subjected to the provision that was introduced during its pendency. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. 2017; resubmitted Dec.

Litigation 52

Litigation Settlement Marketing Marketing 52

DuetsBlog

JUNE 15, 2020

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. My personal favorite, looking back is: More Hits Than Google.

Registering Trademarks 52

Registering Trademarks Trademark Branding Brands 52

Kluwer Copyright Blog

SEPTEMBER 1, 2021

music synchronised in an advertisement) and adaptations (e.g. This is another sculpture from the Banality series: Koons used a photograph for an advert created for the French prêt-à-porter (ready to wear) brand Naf-Naf in 1988, that had been published in various women’s magazines such as “Elle” and “Marie Claire”.

Derivative Work 106

Derivative Work Copyright Law Copyright Law 106

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

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

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” 1744, 1757 (2017)…. New Life Art, Inc., 3d 1266 (11th Cir. Nor was the use explicitly misleading. Tam, 137 S.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

JANUARY 2, 2024

17-CV-647, 2017 WL 3168525 (N.D. July 26, 2017), vacated and remanded, 742 F. It was also relevant, though not dispositive, that other supplements sold under the same brand were, in fact, one per day. Bayer AG, No. App’x 325 (9th Cir. 2018); and Howard v. Bayer Corp., 10-CV-1662, 2011 WL 13224118 (E.D. July 22, 2011)).

Branding 59

Branding Brands Branding Marketing 59

43(B)log

AUGUST 9, 2021

The policies covered disparagement of people or products in ads, defined in the Policies as “a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters.” And it definitely didn’t disparage Kona consumers. Nationwide Mut.

Advertising 59

Advertising Advertising Publishing Branding 59

IP Tech Blog

MAY 19, 2022

This case follows successful oppositions by Match.com to Muzmatch’s registration of its marks in 2018, and unsuccessful attempts by Match.com to purchase Muzmatch between 2017 and 2019. This was due to the reputation of Match.com’s trade marks and because a consumer would believe that Muzmatch was a sub-brand of Match.com.

Branding 57

Branding Brands Branding Intellectual Property 57

LexBlog IP

MAY 19, 2022

This case follows successful oppositions by Match.com to Muzmatch’s registration of its marks in 2018, and unsuccessful attempts by Match.com to purchase Muzmatch between 2017 and 2019. This was due to the reputation of Match.com’s trade marks and because a consumer would believe that Muzmatch was a sub-brand of Match.com.

Branding 52

Branding Brands Branding Intellectual Property 52