Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers.

Trademark 52

Trademark Intellectual Property Branding Brands 52

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This includes endorsements of personal experiences without disclosing the fact that they are paid for it.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

IPilogue

JULY 20, 2021

Whether or not you’re a biker, you’re likely familiar with the Harley-Davidson brand. Considered the most well-known American motorcycle brand in the world , Harley-Davidson claims to sell more than just bikes—they sell a lifestyle. In 2018, the brand collected $19.2

Trademark 106

Trademark Branding Brands Branding 106

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. Uber Technol., 20-cv-2320 (PKC) (S.D.N.Y.

Graphic Design 57

Graphic Design Advertising Advertising Technology 57

IPilogue

MARCH 6, 2023

On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co., Eizo”), to shut down Eizo’s use of red soles on high-heeled shoes.

IP 59

IP Branding Brands Branding 59

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Hilti claimed that it didn’t design the label, but that defendant RectorSeal did the final design. In 2019, RectorSeal requested that Hilti’s Firestop Box Insert be added back.

False Advertising 57

False Advertising Advertising Advertising Designs 57

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling second handed or vintage goods. 3d 422 (S.D.N.Y. Veronique Idea Corp.,

False Advertising 52

False Advertising Branding Brands Branding 52

TorrentFreak

OCTOBER 24, 2022

Combining illegal streaming subscriptions and Facebook advertising with PayPal payments isn’t exactly ideal for avoiding detection and by May 2019, Trading Standards had seen enough. Two warrants were executed in Dover and Tonbridge, one of them against a man who used his own name to brand his piracy business.

Intellectual Property 99

Intellectual Property Social Media Reporting Copyright 99

TorrentFreak

DECEMBER 24, 2021

Nintendo also obtained a UK High Court injunction to block four Team-Xecuter-related websites back in 2019 but that did little to stop pirated game ROMs from being shared online. In an injunction application dated December 2, 2021, Nintendo requested a website blocking order under section 97A of the Copyright, Designs and Patents Act 1988.

Social Media 140

Social Media Artwork Copyright Reporting 140

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'" The vape/smoke shops offer Opposer’s MONSTER and MONSTER ENERGY beverages in coolers displaying third-party brand names (e.g., Monster Energy Company v.

Designs 56

Designs Design Branding Brands 56

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. Critiques about “issues of methodology, survey design, reliability, the experience and reputation of the expert, critique of conclusions, and the like go to the weight of the survey rather than its admissibility.”

False Advertising 57

False Advertising Advertising Advertising Social Media 57

The IPKat

JANUARY 14, 2022

In 2019, after spotting a perfume product in China’s market highly similar to its classic N°5 perfume, Chanel took a ‘notarization-throughout purchase’ online and located the alleged infringing product shown below on the right. The side-by-side comparison captures several common features.

Law 142

Law Branding Brands Branding 142

IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. 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. 2] Novartis v.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

TorrentFreak

NOVEMBER 12, 2022

Once the police have conducted their own investigations, any domain added to the IWL finds itself blacklisted by the advertising industry and then shared as part of the full list with other stakeholders, rightsholders, and anti-piracy groups. By extension, the operator of the domain is a suspected criminal.

Advertising 70

Advertising Advertising Reporting Intellectual Property 70

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

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. 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.

Litigation 52

Litigation Settlement Marketing Marketing 52

The IPKat

MARCH 27, 2022

One of these brands that has popped up on the AmeriKat's Instagram are riding boots from Fairfox & Favor. A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ).

Designs 52

Designs Design Copying Art 52

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

43(B)log

AUGUST 12, 2021

Several modern-day remedies were enacted to reduce the risk that IP owners would otherwise be able to recover only nominal damages—reasonable royalties for patents; statutory damages for © infringement; disgorgement of total profits for infringement of design patents. Collected 330 cases 2000-2019.

IP 89

IP Licensing Law Reporting 89

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. Masai is an international player in the footwear industry engaged in designing, marketing, and distributing shoes.

IP 40

IP Intellectual Property Branding Brands 40

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

IP and Legal Filings

JANUARY 26, 2023

22] However, to remedy this caveat, the court propounded that designating a colour using an internationally recognised identification code (such as Pantone) will constitute a graphical representation, being precise and stable. [23] 24] Thus, the first requirement makes a colour well within the purview of registration. 214, 229 (2018).

Registration 82

Registration Trademark Trademark Law Law 82

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.” Around June 2019, he was nearing completion of a new app, but Apple announced a new Apple Watch operating system, requiring a change in development.

Marketing 57

Marketing Marketing Trademark Branding 57

The IPKat

NOVEMBER 30, 2023

The GIA entered into force in April 2019. Furthermore, it was only after Italy claimed 'Prosecco' as a protected designation of origin that the EU declared the 'Prosecco' grape variety would be renamed as 'Glera' in 2009. Their work was published in a 2019 article and then expanded in a report for AGWI in 2022.

Registration 133

Registration Advertising Advertising Law 133

SpicyIP

JULY 19, 2021

In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019. Serious Comparative Advertising: Broadening the Definition. Thematic Highlights. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

MAY 20, 2024

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

OCTOBER 4, 2021

But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. Illinois Tool sued in 2019. While Illinois Tool sat on its hands, not only did J-B Weld’s sales grow, but it expanded its brands into more stores and launched new variants (like “Perma-Lock Green”).

False Advertising 67

False Advertising Advertising Advertising Trademark 67

SpicyIP

FEBRUARY 19, 2024

The Defendant had claimed that the idea of the ‘advertisement’ of the Plaintiff’s recent product launch has been copyrighted by the Defendant. The Court clarifies that the order from February 2019 remains in operation, restricting Defendants from using ‘LIBAS’ in various forms (only modified logo is permitted).

Invention 105

Invention Music Art Patent Application 105

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. JLM”), to serve as a wedding, bridesmaid, and evening gown dress designer for JLM. As is often true in fashion, what once was old is now new again. Cohen , 173 F.3d

Social Media 59

Social Media Contracts Confidentiality Business 59

LexBlog IP

APRIL 13, 2022

29] In its 47-page complaint, which included claims of trademark infringement, false designation of origin, trademark dilution, cybersquatting, and injury to business reputation and dilution under New York General Business Law, Hermès claimed that Rothschild “rip[ped] off Hermès’ famous BIRKIN trademark” to “get rich quick.”.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

The IP Law Blog

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. Johnson Enterprises, LLC, in which the parties were battling a trade dress infringement claim involving these large outdoor Connect 4-like games.

Copying 98

Copying Marketing Marketing Advertising 98

IP Whiteboard

NOVEMBER 19, 2020

BGL and its subsidiaries ( BGL Group ), including Manolo Blahnik, manufacture, distribute and sell luxury shoes and accessories bearing the “MANOLO BLAHNIK” name and brand, which are sold in over 65 countries including Australia. The “MANOLO BLAHNIK” branded products have been available for sale in Australia since 1997. Trade mark.

Branding 52

Branding Brands Branding Designs 52

Technology & Marketing Law Blog

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” Internet Brands case seemingly codified failure-to-warn as a 230 exclusion.

Blogging 89

Blogging Social Media Editing Designs 89