SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” The single judge bench of the Delhi High Court comprising of J. Mini Pushkarna on 4 July 2024 passed an order in Phillip Morris Products SA v.

Invention 109

Invention Patent Patent Application Government 109

43(B)log

JULY 24, 2023

The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. Sandoz Inc.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 58

Designs Design Art Intellectual Property 58

Technology & Marketing Law Blog

JUNE 26, 2023

The (unnecessarily confusing) majority opinion suggested several exclusions to Section 230’s immunity, including these statements: “If you don’t encourage illegal content, or design your website to require users to input illegal content , you will be immune.” In an effort to find housing, she accessed the Facebook Marketplace.

Advertising 111

Advertising Advertising Marketing Marketing 111

The TTABlog

JANUARY 17, 2024

Because Crossfirst's filing date was in 2019 and California's in 2017, California had priority. California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. It included evidence regarding use of that mark with the bank name.

Designs 53

Designs Design Registration Service Mark 53

IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

Design Patent 57

Design Patent Designs Design Patent 57

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 101

Advertising Advertising Marketing Marketing 101

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 145

Social Media Artwork Copyright Reporting 145

43(B)log

AUGUST 27, 2024

The relationship became hostile in 2019, when a third party allegedy got PNC customer information that had been obtained by Plaid and leaked it on the “Dark Web.” PNC sued for counterfeiting, infringement, and false advertising/unfair competition under federal and Pennsylvania law. But other consumer-based factors were up for grabs.

Advertising 52

Advertising Advertising False Advertising Designs 52

TorrentFreak

SEPTEMBER 30, 2022

With Arcom supporting their every move, various rightsholders stepped up to take advantage of new legislation designed to make pirate site blocking more efficient, to combat mirror sites and proxies, and to further punish sites by restricting appearances in search engines and curtailing advertising opportunities.

Reporting 139

Reporting Designs Design Marketing 139

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. There had also been a significant delay in bringing the case to a close following their arrests in 2019.

Intellectual Property 111

Intellectual Property Social Media Reporting Copyright 111

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

Registration 52

Registration Designs Design Public Domain 52

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. Channels are used for every type of discussion imaginable, with piracy facilitation and distribution some of the fastest-growing trends.

Advertising 144

Advertising Advertising Cinema Copyright Infringement 144

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

TorrentFreak

AUGUST 10, 2022

The São Paulo Court of Justice ordered major ISPs to block file-hosting platform Mega in 2019, but within days the ruling was overturned. This entirely voluntary system is supported by rightsholders, advertisers and trade associations, plus every major ISP in Portugal. Assists police during the execution of search-and-seizure warrants.

Cinema 142

Cinema Advertising Advertising Intellectual Property 142

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

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 59

Graphic Design Advertising Advertising Technology 59

The IPKat

FEBRUARY 27, 2023

2019) " (see here ). 1 559 651 for the slogan " OTHER COMPANIES DO SOFTWARE WE DO SUPPORT " designate the EU territory for consultancy and technical support services and maintenance of computer software in class 42. Registration of marks consisting of advertising slogans is thus not precluded per se on the basis of such use.

Advertising 89

Advertising Advertising Registration Design 89

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 105

Litigation Contracts Advertising Advertising 105

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

Law 52

Law Copyright Television Copyright Infringement 52

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

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 134

Registration Advertising Advertising Law 134

TorrentFreak

NOVEMBER 19, 2023

Launching in late 2019, StreamSafely.com has already achieved its primary goal: to help visitors get smart about piracy and how to avoid illegal content consumption,” the website reads. “These are commonly used by advertising tracking companies to profile you based on your internet usage. million in revenue vs. $4.56

Marketing 128

Marketing Marketing Privacy Intellectual Property 128

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

The IPKat

FEBRUARY 17, 2023

The agreement between Amazon and the affiliate does not provide any specifications for the design of the affiliate’s website. Of interest was a ranking on the site in 2019 of the supposedly three best mattresses of that year. He objected to the ranking of the “best mattresses of 2019” on www.schlafbook.de

Advertising 70

Advertising Advertising Business Design 70

TorrentFreak

JANUARY 8, 2024

They’re also adept at pumping user data, including viewing habits and associated behavior, back to providers to ensure that free ad-supported TV makes up for lost currency through a firehose of advertising intelligence. Designed to be used as live links rather than downloaded, these.m3u8 files are not only convenient and easy to use.

Advertising 126

Advertising Advertising Copyright Copyright Infringement 126

Indiana Intellectual Property Law

NOVEMBER 29, 2024

Hiker has been in the business of designing and manufacturing customizable trailers for over a decade, earning a reputation for quality and durability. Hiker is the registered owner of the “HIKER TRAILER” and “HIKER DESIGN” marks, which are used in connection with trailers and related goods.

Trademark 52

Trademark Registering Trademarks Designs Design 52

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 105

Advertising Advertising Reporting Intellectual Property 105

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 132

Registration Fair Use Copyright Design 132

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. 2] Adidas vs. The lawsuit raised an understanding of the value of enduring trademarks and the perils of “knock-off” designs. FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

Branding 98

Branding Brands Branding Trademark 98

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. Other News from Around the World.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

NOVEMBER 24, 2022

It however cancelled the trademark for those services of Class 35, which are related to trade of electrical and electronic goods and for their advertising. The company, which runs “BlackFriday.de” (an aggregator of relevant discounts), had filed in April 2019 a request for revocation of “Black Friday”, alleging non-use by the right holder.

Registration 117

Registration Advertising Advertising Art 117

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

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 59

False Advertising Advertising Advertising Designs 59

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

IP and Legal Filings

FEBRUARY 15, 2024

While the data provided by individuals are handled safely by the industry, yet, there exists an apprehension that sharing data could be misused and will lead to a flood of advertisements as based on the interests of individuals or even to potential fraud and scams. 2019, March 19). REFERENCES: Berecki, B. End Point Protector.

Privacy 105

Privacy Social Media Advertising Advertising 105

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 78

Patent Law Law Patent Patent Application 78