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

OCTOBER 10, 2022

Since at least 2019 , Italian authorities have targeted Telegram channels linked to illicit IPTV services and movie and TV show piracy , but protection of literary works is becoming increasingly common. The regulator said that Telegram and WhatsApp groups were mass distributing PDF copies of newspapers and periodicals on a daily basis.

Advertising 127

Advertising Advertising Cinema Copyright Infringement 127

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

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. Securing legal protection gives you scope to build associations to your brand name without fear of competitor copying. Getting trademark rights over shapes is not easy.

Branding 52

Branding Brands Branding Trademark 52

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

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. In general, advertisements provide consumers with information regarding products or services for sale in commerce. Nepute, 2023 WL 4623089 , No. 4:21-CV-437 RLW (E.D. Were the publications at issue ads? “

Government 52

Government Advertising Advertising Social Media 52

LexBlog IP

SEPTEMBER 15, 2021

the UGG mark or designation, or any reproduction, counterfeit, copy, or colorable imitation thereof, in any manner and in any format, case or spelling, on or in connection with the sale, offering for sale, distribution, or advertising of any product in the United States or its territories.”

Trademark 52

Trademark Registration Branding Brands 52

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 73

Registration Advertising Advertising Law 73

The IPKat

MARCH 27, 2022

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 ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

Contracts 98

Contracts Copyright Law Cease and Desist 98

43(B)log

MAY 2, 2023

21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. Its label doesn’t list the exact quantity of each bacteria species or strain designation, noting instead that its blend of bacteria is proprietary. Did the non-label/package statements qualify as “commercial advertising or promotion”?

False Advertising 57

False Advertising Advertising Advertising Marketing 57

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

Trademark 59

Trademark Registration Copyright Patent 59

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

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. In this regard, the Court concluded that the defendants’ song appears to be a case of copying and reproduction of the plaintiff’s work. NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

TorrentFreak

JULY 2, 2023

NIT eventually came up with the ‘ GMTA System ‘ that, among other things, was able to replace traditional advertising posters with digital versions displayed on a plasma screen. And when George Hotz , aka Geohot, posted a copy of the PlayStation 3’s private key online, traffic to game hacking sites blew up.

Business 143

Business Government Technology Advertising 143

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

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 22, 2024

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. His first prototype testing occurred in 2018 and continued up until the end of 2019. By November 2019, EL was satisfied with the design. The sleeve also protects the rubber from UV damage. After talking again with Jane, EL decided to patent the device.

Patent Law 76

Patent Law Law Patent Patent Application 76

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. The Indian press publication industry is investing in digital properties to capture the growth of revenue from digital advertising as the consumption pattern of the news is shifting to digital space. Analysis in Indian Context.

Publishing 105

Publishing Marketing Marketing Advertising 105

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

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

The TTABlog

DECEMBER 6, 2021

A single color mark on a product design is registrable only upon a showing of acquired distinctiveness. 2019 USPQ2d 460354 at *23. Dimarzio claimed use of the proposed mark since 1979, with millions of consumers observing its guitar pickups in videos, advertisements, and musical performances. Tool , 2019 USPQ2d 460354, at *25.

Advertising 98

Advertising Advertising Marketing Marketing 98

The IP Law Blog

SEPTEMBER 22, 2022

Johnson Enterprises bought a copy of the P&P game, sent samples to a Chinese manufacturer, and began selling an almost identical version of P&P’s game that it called “Tailgating Pros White Connect 4” in October 2017. The Ninth Circuit first recognized that “proof of copying strongly supports an inference of secondary meaning.”

Copying 98

Copying Marketing Marketing Advertising 98

The TTABlog

JUNE 11, 2021

In re Sausser Summers, PC , 2021 USPQ2d 618, (TTAB 2021) [re-designated as precedential] (Opinion by Judge Christopher Larkin). In the absence of supporting evidence, we cannot find that Applicant has advertised extensively."

Social Media 40

Social Media Advertising Advertising Business 40

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. But some dude steals my junk and pimps it for 120k+ in 2019. d/b/a Topdon is entirely next level. Talk about a tattoo fail. Plagiarism much?”

Copyright 83

Copyright Art Licensing Social Media 83

LexBlog IP

SEPTEMBER 22, 2022

Johnson Enterprises bought a copy of the P&P game, sent samples to a Chinese manufacturer, and began selling an almost identical version of P&P’s game that it called “Tailgating Pros White Connect 4” in October 2017.

Copying 52

Copying Marketing Marketing Advertising 52

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. Dee (2019) at 119. ” (at page 9 and 13).

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

IIPRD

JANUARY 18, 2022

the restriction against reproducing or copying copyright works) or communication right is infringed. In March 2019, an original thought arose from the buzz surrounding blockchain technology as it spreads across key industries like the arts and entertainment. Copyright infringement arises when reproduction right is infringed (i.e.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

TorrentFreak

NOVEMBER 8, 2021

“In the case of an April 2019 attack on a synagogue in San Diego, for example, the perpetrator allegedly both drew inspiration for the attack from 8chan forums and used the site to advertise his actions and garner more attention from likeminded users. Department of Commerce consultation is available here (pdf).

Privacy 133

Privacy Law Copyright Copyright Infringement 133