43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” That’s what Chisholm Trail High School’s softball team and color guard did in 2017, on Twitter, to under 1000 followers, crediting Bell. NXIVM Corp. Ross Institute, 364 F.3d

Fair Use 90

Fair Use Social Media Licensing Marketing 90

IP and Legal Filings

JULY 28, 2022

Government of India enacted the Real Estate (Regulation and Development) Act 2016 and the act came into force with effect from May 1, 2017. As a result, the Maharashtra government also issued the following regulations: Maharashtra Real Estate Regulatory Authority, Officers and Employees (Appointment and Service Conditions) Rules, 2017.

Registration 82

Registration Government Reporting Marketing 82

TorrentFreak

MARCH 4, 2024

In 2017, Elsevier won a court case against LibGen and Sci-Hub in a New York federal court, which awarded the publisher $15 million in damages. By making textbooks available to students for free, rightsholders are losing revenue, which leads to lower payments for authors and devalues the market as a whole, the publishers complain. $30

Publishing 93

Publishing Social Media Copyright Infringement Copyright 93

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." and is strong evidence of Applicant’s intent to copy and create an association with Opposer’s mark." PepsiCo, Inc.

Branding 52

Branding Brands Branding Advertising 52

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.” They allegedly copied Woo’s “business things” for Boost. Summary judgment for Woo.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

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 86

Trademark Branding Brands Branding 86

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

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.

Art 104

Art Branding Brands Branding 104

The TTABlog

JANUARY 24, 2022

Applicant has sold its "Ark" bag since January 2013, with sales increasing sharply in 2017. The applicant did not offer survey evidence nor any evidence of "look for" advertising. Its sales figures lacked information regarding market share. The burden to prove acquired distinctiveness is higher for a product configuration.

Designs 52

Designs Design Registration Music 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. This prevented Signal 23 from marketing for ABOUT HIM in addition to seven or eight other shows it had available for purchase on Vimeo.

Registration 114

Registration Fair Use Copyright Designs 114

43(B)log

SEPTEMBER 21, 2021

Plaintiffs contended that omissions and inaccuracies rendered the Tanbook of no value to its users and that, after receiving complaints, Matthew Bender included the previously omitted statutes and regulations in the 2017 edition, which, although published late in the calendar year, was sold to plaintiffs and other subscribers at full price.

Editing 45

Editing Contracts Copying Law 45

JIPL Online

APRIL 9, 2021

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. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. It also noted that offers for sale and advertising were ways of using a trade mark, and this is precisely what the trade mark owner has directed at EU consumers.

Registration 74

Registration Advertising Advertising Law 74

Kluwer Copyright Blog

NOVEMBER 17, 2021

The BGH ruled that the exclusive right of distribution of the author also included the right to offer the original or copies of the work to the public to purchase and to advertise to the public, in a targeted manner, the purchase of either the original or copies of the work.

Law 52

Law Copyright Television Copyright Infringement 52

Kluwer Copyright Blog

NOVEMBER 22, 2021

This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible. If a copy of a computer program is published in the territory of the EU/EEA with the consent of the rightholder, Section 69 No.

Related Rights 52

Related Rights Law Copyright Copying 52

LexBlog IP

FEBRUARY 28, 2022

In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. fall within the scope of fair use.’” Id. 5 (quoting Google , 141 S.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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.” Downloads declined after a 2015 peak. But a jury could find bona fide use.

Marketing 59

Marketing Marketing Trademark Branding 59

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

Intepat

MAY 16, 2023

Ramkumar Jewellers (2012), the defendant copied the plaintiff’s advertisement picture containing a popular artistic pose of Amitabh Bachchan and Jaya Bachchan. 2017), a restaurant was using a tagline called ‘by Gautam Gambhir’ without any authorization. For instance, in Titan Industries Ltd. In another case, Gautam Gambhir v.

Branding 98

Branding Brands Branding Personality Rights 98

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.” Deliberate copying was irrelevant. New Life Art, Inc., 3d 1266 (11th Cir. Nor was the use explicitly misleading. Yet both artists won.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. Predictably, these third parties made available watch faces copied from watches made by others including the Swatch group of companies (which owns brands like Tisso, Omega and Breguet).

Branding 72

Branding Brands Branding Litigation 72

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

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

Technology & Marketing Law Blog

JUNE 11, 2022

It also clearly had the right and ability to control the display of the Subject Images—its own employees published the infringing articles—and it received a financial benefit from them in the form of paid advertising. * We have not previously considered what is required for a copy to persist for more than a transitory period.

Copyright 113

Copyright Copying Copyright Infringement Copyright Law 113

The IP Law Blog

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. It further alleged that Johnson Enterprises intended to “deceive the public as to the source or origin” of its game to benefit from “P&P’s goodwill and reputation in the four in a row market.”.

Copying 98

Copying Marketing Marketing Advertising 98

IP Whiteboard

FEBRUARY 8, 2021

The Full Court’s decision in December 2020 confirms that, by explicitly copying some of the most distinctive elements of another business’ trade marks, the Appellants crossed the line into appropriation sufficient to infringe In-N-Out’s registered trade marks and reputation-based rights. passing off.

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

AUGUST 30, 2021

Back when sales of records, cassette tapes, and CDs were the primary means of making money, radio airplay was considered free advertising for record labels. In March 2017, in a separate case filed by Flo & Eddie against Pandora, the Ninth Circuit certified the issue of California law to the California Supreme Court. 3d 14 (2d Cir.

Blogging 86

Blogging Copyright Settlement Ownership 86

LexBlog IP

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. The Ninth Circuit noted that the presence of at least two factors, such as intentional copying and survey evidence, can be sufficient to avoid summary judgment on a trade dress infringement claim.

Copying 52

Copying Marketing Marketing Advertising 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

The defendant in that case had offered adapters for sale which enabled Nintendo games, that had been produced by third parties in circumvention of copy protection measures and downloaded from the internet, to be used on the Nintendo games console. Additional fees could also be applied due to the failure to credit the author by name.

Contracts 98

Contracts Copyright Law Cease and Desist 98

TorrentFreak

JULY 16, 2022

A little while back we became aware of a discussion about Nagra’s work based on documents made publicly available on a regional website of an advertising regulation authority with offices across South America. In 2017 we reported on Nagra’s operations tackling IPTV piracy and five years later, the company continues to press ahead.

Reporting 129

Reporting Advertising Advertising Marketing 129

LexBlog IP

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

SpicyIP

DECEMBER 30, 2023

Asst Controller of Patents and Designs , (passed on May 15) the Court meandered through the legislative history of Section 3(k) of the Patents Act and observed that there is a lack of clarity on the meaning of “technical effect” and “contribution” under the present 2017 CRI guidelines used by the Patent Office. Meticulous Market Research Pvt.

IP 112

IP Copyright Trademark Intellectual Property 112

LexBlog IP

NOVEMBER 30, 2022

1002 (2017), a case about cheerleading uniforms for most, but an invitation to me to examine the intellectual feast of issues about food porn. Since my 2017 article, there seems to have been great attention paid by legal commentators to efforts to protect recipes. Varsity Brands , 137 S.Ct. ” Belford, Clarke & Co. ” Id.

IP 52

IP Intellectual Property Fair Use Trademark 52

TorrentFreak

MAY 23, 2023

“I added basic file management and a web browser to Downloader in February 2017 because users complained that it was too tedious to enter long URLs using a remote control and the on-screen keyboard,” Saba informs TorrentFreak. A copy of the injunction isn’t available because the domain itself is completely broken.

Copyright 144

Copyright Copyright Infringement Copying Marketing 144

43(B)log

FEBRUARY 3, 2024

months first action pendency in 2017. You can copy a Rembrandt and do a beautiful job but it’s not a Rembrandt.” Herman Miller brings claims of unfair competition, false association, false advertising, right of publicity, TM rights including dilution, claiming designer’s name, model names, and shape of the design.

Designs 59

Designs Design Law Design Patent 59