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

IPilogue

FEBRUARY 28, 2022

France and Switzerland used to fight for the exclusive rights to the “Controlled Designation of Origin” for Gruyère. As a result, this application has remained as “advertised” since November 1, 1995. As the debate heated up, the European Union (EU) stepped in and eventually decided to favour the Swiss in 2001.

Trademark 106

Trademark Registering Trademarks Intellectual Property Advertising 106

The IPKat

DECEMBER 19, 2022

KG, Inc (the Applicant) submitted a request for revocation, pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), on the ground that the contested mark had not been the subject of genuine use for an uninterrupted period of five years. In 2018, Agrarfrost GmbH & Co.

Television 114

Television Advertising Advertising Designs 114

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 83

Registration Government Reporting Marketing 83

The TTABlog

JANUARY 24, 2022

In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source and.

Designs 52

Designs Design Registration Music 52

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. The site is designed to be user-friendly while remaining resilient to enforcement measures. However, both shadow libraries remained online and continue to operate to this day.

Publishing 97

Publishing Social Media Copyright Infringement Copyright 97

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 113

Registration Fair Use Copyright Designs 113

azrights

NOVEMBER 3, 2021

You may remember from a previous blog post that Coca Cola had design protection of the bottle shape available as an interim measure while they built associations to the bottle shape through their advertising. Enforcement of your rights prevents market confusion.

Trademark 52

Trademark Branding Brands Branding 52

azrights

MAY 10, 2022

Compumark an industry leader in trademark research and protection reported in 2020 that trademark infringement is rising year on year with 85% of brands experiencing trademark infringement in the previous year, showing a steady upward trend from 81% in 2018 and 74% in 2017. Not understanding marketing. Business is hard.

Business 98

Business Branding Brands Branding 98

43(B)log

AUGUST 31, 2021

The 2017 label also references the “coast” and includes a map of Oregon with leaves denoting the locations of the Willamette, Umpqua, and Rogue Valleys. Marketing materials related to the 2016 version designate the same three valleys as “Regions of Origin,” and describes them as “premiere growing regions along Oregon’s coast.”

Graphic Design 54

Graphic Design Government Designs Design 54

43(B)log

JUNE 16, 2022

“After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.” It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. The court granted the motion to dismiss in part.

False Advertising 57

False Advertising Advertising Advertising Designs 57

SpicyIP

JULY 8, 2024

Case Summaries Cornell Research Foundation vs Assistant Controller Of Patents and Designs on 05 July, 2024 (Madras High Court) The appellant was aggrieved by the order passed by the respondent, rejecting its patent application. Other IP Developments Dr. Reddy and Zydus announce licensing agreement for co-marketing Pertuzumab biosimilar.

Invention 59

Invention Art Trademark Patent Application 59

The IPKat

FEBRUARY 23, 2023

The answer to this question hasn’t always been clear to me, although the sensible answer is to say that, if I actively market my hotel to the EU tourist market and EU tourists respond by booking to stay in my hotel, that counts as genuine use in the EU. In MARCO POLO , an application for invalidity was filed against an IR(UK).

Registration 73

Registration Advertising Advertising Law 73

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

OCTOBER 31, 2022

He alleged that he used the CBC Casper and Casper names exclusively to promote his work to the public, and that, by 2017, he used the Casper mark in commerce in connection with distributing downloadable Casper CBC software and specifications under open-source licensing agreements in the United States.

Registration 57

Registration Trademark Ownership Marketing 57

IP and Legal Filings

NOVEMBER 8, 2022

When Mahindra launched the XUV700 with autonomous driving features in India last year, there was a huge uproar in the Indian car market. In conclusion, a specifically tailored act suitable for the incubation of autonomous vehicles into the Indian market has to be enacted keeping in mind various Indian scenarios.

Privacy 52

Privacy Technology Government Designs 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. 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. first submission July 2017; resubmitted Dec. July 18, 2019.

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” WCT’s principal testified that he continued developing a new version of the Bike+ app from 2017 until 2020, writing “over 2.4 Downloads declined after a 2015 peak.

Marketing 57

Marketing Marketing Trademark Branding 57

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. It then received fast strack designation, which allowed it priority review, and filed an NDA for Valtoco in 2018; this was pending at the time of the operative complaint. But the citizen petition wasn’t excepted commercial speech.

Designs 54

Designs Design Patent Prosecution Art 54

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 Copyright Infringement Television 52

The IPKat

JULY 12, 2024

slime green (now ‘brat green’) in various means of advertising throughout the promotional campaign. The colour was also used in the official album cover, creating a clear connection with the artist’s advertised work and the inauguration of the era it signalled.

Social Media 67

Social Media IP Branding Brands 67

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 57

False Advertising Advertising Advertising Reporting 57

Garrigues Blog

JULY 15, 2024

It is no longer confined to museum walls or catalog pages, we have become used to seeing classic canvases in advertising campaigns, on t-shirts and merchandising products, or parodied in memes on social media. Here we look at a few Italian court rulings on this subject. Art is present in every facet of our lives.

Public Domain 52

Public Domain Art Advertising Advertising 52

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. A third-party is engaged to assess factors like product demand, market condition, and potential patent infringement. They were able to invest in IP protection, research and development, and advertising.

IP 40

IP Intellectual Property Branding Brands 40

43(B)log

AUGUST 9, 2021

As to defendant Boyer (the relevant defendant), the class actions alleged that it falsely designated the geographic origin of its coffee with the intent to deceive, when the products actually contained little to no Kona coffee. Travelers insured Boyer, which sought coverage. And it definitely didn’t disparage Kona consumers. Nationwide Mut.

Advertising 57

Advertising Advertising Publishing Branding 57

SpicyIP

FEBRUARY 20, 2023

Delhi High Court reiterates that the counterclaim for revocation of design is maintainable before the High Court. Mold-Tek Packaging Ltd held that the counterclaim seeking revocation of the registered design is maintainable before the High Court and is not limited to being heard before the controller. Containers Indore v.

Registration 105

Registration Designs Design Trademark 105

Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works.

Public Domain 98

Public Domain Copyright Law Artwork 98

SpicyIP

AUGUST 23, 2023

Considering that Rules are enforceable and a Policy is not, effectively (at least for the time being), the Rules provide the only parameter for identification/designation (so to speak) as a rare disease in India, but only for the ones for which drugs are being/have been developed. However, not much has improved on this front.

Government 98

Government Marketing Marketing Designs 98

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

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. * in February 2017. 2017 WL 11665339 (SDNY Feb. CDK Global LLC v. Brnovich , No. 20-16469 (9th Cir. Tumblr, Inc.,

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

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

43(B)log

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. Jain is Netafim’s largest competitor. Jain had approximately $25 million in Central Valley sales in 2016.

False Advertising 57

False Advertising Advertising Advertising Blogging 57

Kluwer Copyright Blog

NOVEMBER 24, 2021

According to the BGH, the specific design of the cards and consoles manufactured by the plaintiff constituted effective technical measures within the meaning of Section 95a (2) and (3) No. In 2017, the BGH once more issued a ruling on Section 95a UrhG in relation to the Nintendo DS games console. Claim for information.

Contracts 98

Contracts Copyright Law Cease and Desist 98

SpicyIP

OCTOBER 16, 2023

The court held that the defendant’s advertising falls under the ambit of permissible comparative advertising, rejecting the plaintiff’s claims and emphasized on a competitor’s right to prevent disparagement while allowing reasonable product promotion. Tejaswini writes on this development. Image from here Raytheon Company v.

Due Diligence 59

Due Diligence Invention IP Copyright 59

Technology & Marketing Law Blog

JUNE 9, 2024

The court responds: “Doe’s breeding ground theory essentially seeks to hold Meta liable for failing to remove traffickers’ grooming messages and posts advertising their victims for sex.” Backpage appeared first on Technology & Marketing Law Blog. ” Cite to Lemmon v. Snap , Barnes , Roommates , Dyroff.

Blogging 58

Blogging Editing Marketing Marketing 58

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 began by recognizing that a product’s design like “distinctive names, logos, packages or labels” may have developed a “source-identifying appearance.”

Copying 52

Copying Marketing Marketing Advertising 52