IP and Legal Filings

MARCH 15, 2023

The company aims at highlighting the qualities of the products through advertisements which thereafter becomes an advertisement campaign which build the market identity of the product. The advertisements require a lot of brainstorming in highlighting the distinctive characteristics of the product and build its uniqueness.

Advertising 52

Advertising Advertising Intellectual Property Social Media 52

Kashishipr

OCTOBER 5, 2022

In the ongoing highly competitive working business environment, the elements of a good advertisement are likely to be copied or imitated by others in the industry. Brands and businesses are now exploring more innovative ways to advertise their offerings, i.e., products or services. Defendant no. Vini Cosmetics Pvt.

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 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. The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents.

Registration 132

Registration Fair Use Copyright Design 132

43(B)log

JANUARY 19, 2022

14, 2022) Once in a blue moon, a false advertising-based antitrust claim survives a motion to dismiss in a circuit that imposes a list of excessive requirements on such claims. Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

TorrentFreak

JANUARY 1, 2022

For example, the “Pirate Coin” we envisioned in 2018 took more than three years to arrive. The buyers can be assured though, no matter how many people copy the images, they still hold the unique NFT rights. This includes DNS providers , ISPs , hosting companies , advertisers , and VPN providers. — Happy 2022!

Music 145

Music Advertising Advertising Copyright 145

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Applicant GB's design patent served as some evidence of non-functionality, but was outweighed by GB's own advertising touting the design's utilitarian benefits.

Design Patent 90

Design Patent Advertising Advertising Design 90

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts (FTC 2018). This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. 1-800 Contacts v. Lens.com (10th Cir. Keyword Ads.

Trademark 111

Trademark Advertising Advertising Blogging 111

TorrentFreak

DECEMBER 20, 2021

The sites’ Russian owner Tofig Kurbanov was taken to court in the United States in 2018, accused of facilitating mass copyright infringement. — A copy of Magistrate Judge Theresa Carroll Buchanan’s Report and Recommendation regarding RIAA’s request for damages and a permanent injunction is available here (pdf).

Cease and Desist 144

Cease and Desist Copyright Infringement Music Copyright 144

TorrentFreak

JULY 29, 2024

That advertising online wasn’t so passive, and over the next two decades would in some cases become an abusive, privacy-destroying nightmare, certainly wasn’t mentioned up front as part of the deal. The marketing and framing of this utopian vision relied on the relative naivety of most internet users. What Would a Win Look Like?

Copyright 144

Copyright Publishing Copyright Law Privacy 144

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Starting in 2018, Shared “lost access” to the instant articles program three times, each time (allegedly) without advance notice despite the applicable TOS saying Facebook “will use good faith efforts to provide Publisher with notice of” any termination. & Prof. Bonne chance.”).

Contracts 119

Contracts Social Media Advertising Advertising 119

TorrentFreak

SEPTEMBER 11, 2024

“All stakeholders in the internet ecosystem, including hosting providers, DNS providers, cloud services, advertising networks, payment processors, social media platforms, and search engines, should proactively work towards reducing support for well-known infringing sites,” BREIN writes in its submission.

Social Media 126

Social Media Reporting Privacy Technology 126

IP and Legal Filings

NOVEMBER 8, 2021

As of 2018, the global art market was valued at over 67 billion US dollars. Digital platforms have made it increasingly easy to disseminate unauthorized copies of art works that are copyright protected. Pufnstuf program has been infringed by advertising campaigns carried out by McDonald’s. ” Peter Pan Fabrics, Inc.

Art 96

Art Artwork Television Copyright Infringement 96

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? It confirms both ownership of valid copyrights and copying by the defendants of original constituent elements of the works.

Blogging 111

Blogging Social Media Television Fair Use 111

IIPRD

MARCH 4, 2024

For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. Sardar Buksh Coffee & Co CS (COMM) 1007/2018 The post Critical Analysis on Intellectual Property Rights and its components.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

The IPKat

JUNE 23, 2023

During Summer 2019, Mercredie became aware of the fall-winter 2019 advertising campaign, entitled #MajeMyDogandI, by ready-to-wear company Maje. Mercredie claimed that the campaign was based on photographs taken from her social networks, in particular one published on her Instagram story on 27 July 2018.

Copyright 95

Copyright Cease and Desist Copyright Infringement Publishing 95

IP and Legal Filings

SEPTEMBER 12, 2024

Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. Apple had accused Samsung of copying the features of the iPhone, like the rounded-rectangle shape, home button, and the grid icon layout.

Branding 98

Branding Brands Branding Trademark 98

TorrentFreak

MARCH 11, 2024

At the time, ANCINE was clear that the deal meant it would gain access to automated systems that would allow it to “monitor irregularities” related to online advertising in connection with piracy-related products. There was never any real mystery about what it hoped to achieve.

Cinema 121

Cinema Reporting Copyright Government 121

Technology & Marketing Law Blog

AUGUST 30, 2021

This was accomplished by the enactment in 2018 of the Classics Protection and Access Act (now codified at 17 U.S.C. 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 February 2018, the same bill was introduced in the Senate.

Blogging 98

Blogging Copyright Settlement Ownership 98

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. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements.

Contracts 98

Contracts Copyright Law Cease and Desist 98

IP and Legal Filings

APRIL 19, 2022

A violating copy of the work, whether brief or extra storage, should be owned by the complainant and not indicated under Section 52 or any other section of the Copyright Act [1957]. As a licensee, your complaint should include a copy of your licence agreement as well as the Copyright Takedown Notice. Nakul Bajaj (2018).

Copyright Law 94

Copyright Law Copyright Law Copyright Infringement 94

The TTABlog

AUGUST 19, 2024

The Board, however, concluded that petitioner failed to meet it "difficult burden," noting the lack of survey evidence, of media coverage, and of intentional copying. Furthermore, petitioner's sales and advertising figures were not placed in industry context.

Registration 49

Registration Advertising Advertising Service Mark 49

Patently-O

JANUARY 3, 2024

His first prototype testing occurred in 2018 and continued up until the end of 2019. EL has no evidence whether Buddy Strap intentionally copied his patent application or not, but he suspects they may have since they came to market after he published his application.

Patent Law 78

Patent Law Law Patent Patent Application 78

SpicyIP

MARCH 20, 2023

Case: Markets And Markets Research … vs Meticulous Market Research … on 13 March, 2023 (Delhi High Court) Delhi High Court passed an interim injunction restraining the defendant from advertising and selling the impugned market research reports.

Art 104

Art Invention Patent Application Marketing 104

IP Whiteboard

AUGUST 30, 2020

(Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020. According to 2018 research, one in five Australians has a tattoo. [1] From some general Google searching, it seems common for people to download pictures of works they like and bring them to their tattooist to copy. Why does it matter?

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

The IPKat

MARCH 27, 2022

Right before she sent this email, Fairfox & Favor had internally decided to send a letter of complaint to House of Bruar after they were tipped off as to their boots and copies of their boots being in the catalogue. Finally, in August 2018, Fairfox & Favor sent a letter of claim to the House of Bruar about the Version 1 boots.

Design 52

Design Designs Copying Art 52

The TTABlog

JUNE 11, 2021

2018) (quoting In re Boston Beer Co. , In the absence of supporting evidence, we cannot find that Applicant has advertised extensively." Sausser Summers also claimed that it “has advertised in print magazines, social media platforms, internet ads, and various other sources across the U.S. Royal Crown Cola Co. Coca-Cola Co. ,

Social Media 40

Social Media Advertising Advertising Business 40

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. REELZ allegedly told advertisers that the “working title” of the show was “PD Live,” and went so far as to announce that “REELZ ADDS #1 TV SHOW TO OUR PROGRAMS LINEUP” with “ALL NEW LIVE EPISODES.”

Social Media 59

Social Media Copying Fair Use Advertising 59

43(B)log

AUGUST 24, 2021

Substantial similarity: Russell argued that substantial similarity wasn’t the appropriate test in cases involving direct copying [very wrong], but even if that test did apply, there were genuine issues of material fact. “[T]he And in November 2018, [redacted] Walmart claims that [redacted].Walmart Comment: This is not law.

Copyright 81

Copyright Art Copying Reporting 81

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. An appeal in 2018 failed to dodge this finding by trying to argue that the registration was a series of marks (see Volume 5 ).

Registration 76

Registration Advertising Advertising Law 76

SpicyIP

NOVEMBER 15, 2022

The High Court also noted that merely because the impugned mark’s advertisement occurred in Delhi, the courts of Delhi will not become eligible to adjudicate on the dispute. The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte.

Trademark 105

Trademark Patent Copyright Design 105

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. It was thus barred from equitable relief for its trademark infringement, false advertising, and state deceptive trade practices claims.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Patently-O

APRIL 15, 2024

Laurain also failed to provide the USPTO with a video showing the Platinum Pets mat’s self-sealing behavior, and instead submitting a less pertinent Amazon advertisement. [One See Gilead Scis., Merck & Co., 3d 1231 (Fed. Its foundational principle is that “he who comes into equity must come with clean hands.”

Art 64

Art Litigation Patent Advertising 64

JIPL Online

APRIL 9, 2021

If memes are so powerful to engage users with the underlying content, as recognized by their increased use as an advertising tool, then how can the same corporations claim that memes are creating a serious harm that the law should recognize and protect? Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

SpicyIP

DECEMBER 6, 2023

The defendant, on the other hand, has contended that their use of the ‘mural’ in their advertisement was exempted as ‘fair dealing’ under Sec. 166 of Create, Copy, Disrupt). Therefore, even though court has noted that ‘the advertisement of the defendant reproduced the mural’, the fair use exemption under Sec.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Secure Distribution is a means of distributing digital content using encrypted codes which prohibit copying and limits the number of devices a product can be accessed from.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Several had appeared in magazines, advertising campaigns, television episodes, and films. Exotic Island Enters.,

False Advertising 49

False Advertising Social Media Advertising Advertising 49

Copyright Lately

DECEMBER 28, 2022

The company has brought over 300 cases since 2017, often using copyrighted product images as a technical hook to shut down undesired resellers who advertise its products at below retail prices. In 2018, when Goldman v. But as far as opportunistic legal actions go, NOCO’s copyright claim against Shenzhen Dingjiang Technology Co.

Copyright 83

Copyright Art Licensing Social Media 83