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 62

False Advertising Advertising Advertising Copyright 62

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

The IPKat

JANUARY 5, 2022

Green Label (of 23 August 2021), the BOA ruled that vacuum cleaner bags enjoy design right protection, overturning a previous decision by the Invalidity Division. Background of the case In 2008, Miele successfully registered a Community Design (‘CD’), consisting of a depiction of a vacuum cleaner bag, one of which is shown below.

Designs 107

Designs Design Public Domain Advertising 107

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

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 104

Law Social Media Advertising Advertising 104

Olartemoure Blog

DECEMBER 14, 2023

This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dominant market position.

Marketing 98

Marketing Marketing Advertising Advertising 98

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 57

Graphic Design Advertising Advertising Technology 57

The IPKat

FEBRUARY 17, 2023

The e-commerce platform Amazon offers an affiliate marketing programme called Amazon Associates. The agreement between Amazon and the affiliate does not provide any specifications for the design of the affiliate’s website. Background The case concerned affiliate marketing on www.schlafbook.de.

Advertising 67

Advertising Advertising Business Designs 67

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 Copyright Infringement Television 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

TorrentFreak

JANUARY 19, 2024

Among them were uhuseries.com, owlserieshd.com, and ahaseries.com, relatively popular streaming platforms targeting the Thai market. ACE Partners With TrueVisions According to ACE, the Uhuseries.com network of sites had been running since 2019, attracting an average of 1.3 2) Responsive Design with VIP membership system.

Advertising 91

Advertising Advertising Intellectual Property Editing 91

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

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., The court also took issue with Louboutin’s market research. 2015-29921 ).

IP 59

IP Branding Brands Branding 59

BYU Copyright Blog

OCTOBER 17, 2022

In the Complaint, Bowers argues that the Defendants “took Plaintiff’s copyrighted Work without a proper license in order to nationally advertise, market, and promote its business activities across the Kansas City, Missouri area.” The use of the Work on the College's graphic design department website was allegedly discovered in 2019.Bowers

Graphic Design 52

Graphic Design Settlement Advertising Advertising 52

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. Through a licensing agreement, Hilti also markets and sells the Firestop Box Insert based in part on that same patent. In 2019, RectorSeal requested that Hilti’s Firestop Box Insert be added back.

False Advertising 57

False Advertising Advertising Advertising Designs 57

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 87

Litigation Contracts Advertising Advertising 87

43(B)log

JUNE 14, 2022

May 27, 2022) Previously, the district court found that AB’s anti-Miller/Coors campaign was false advertising “to the extent it was designed to mislead consumers into believing corn syrup remained in Miller Lite and Coors Light products after the brewing process was completed.” Anheuser-Busch Cos., 19-cv-218-wmc, 2022 WL 1718901 (W.D.

False Advertising 70

False Advertising Advertising Advertising Marketing 70

The TTABlog

OCTOBER 10, 2023

And the parties’ market interface weighed slightly in favor of opposer "to the extent the parties acknowledged a need for Applicant to choose a non-confusingly similar mark." In 2019, applicant effectively acquired the assets of opposer’s brass division and tubes manufacturing business. KME Germany GmbH v. Zhejiang Hailiang Co.,

Marketing 67

Marketing Marketing Ownership Registration 67

43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n McCleese registered copyrights for his photos in 2019. Along with copyright claims, McCleese asserted Lanham Act false advertising claims. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D.

Copying 62

Copying False Advertising Social Media Advertising 62

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 115

Reporting Designs Design Marketing 115

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

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. 3d 422 (S.D.N.Y. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. Veronique Idea Corp., 2d 262, 267 (S.D.N.Y.

Branding 52

Branding Brands Branding False Advertising 52

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. 3d 422 (S.D.N.Y. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. Veronique Idea Corp., 2d 262, 267 (S.D.N.Y.

False Advertising 52

False Advertising Branding Brands Branding 52

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

FEBRUARY 22, 2022

129 USPQ2d 1148, 1149-50 (TTAB 2019)." Applicant did not provide direct evidence of acquired distinctiveness, such as survey evidence or consumer declarations, but instead relied on circumstantial evidence regarding its length of use, advertising expenditures, sales, and number of users. In re Eagle Crest Inc. ,

Service Mark 73

Service Mark Advertising Advertising Registration 73

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. As long as the purpose is deemed lawful, it can be utilised.

Privacy 95

Privacy Social Media Advertising Advertising 95

TorrentFreak

JANUARY 8, 2024

Caveats Create Niche Market FAST’s main quid pro quo is the installation of an official app through which viewing takes place. Designed to be used as live links rather than downloaded, these.m3u8 files are not only convenient and easy to use. They automatically update when providers change their stream URLs.

Advertising 107

Advertising Advertising Copyright Copyright Infringement 107

The IPKat

APRIL 1, 2024

This may include surveys or market studies and statements from professional bodies or the specialised public. Information on turnover, sales figures and market shares as secondary evidence were not deemed enough without primary evidence. Fourth, the EU trade mark reform in 2019 made the situation for colour trade mark applicants worse.

Art 80

Art Registration Marketing Marketing 80

Technology & Marketing Law Blog

MAY 17, 2024

First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. Contracts designed solely to control the flow of information are distinguished from those protecting other values, such as privacy.

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

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

The IPKat

JANUARY 1, 2024

Their external appearance can be protected by copyright, design, trade mark or unfair competition law, though there are limits. here ), car advertisements ( here ) and Hollywood films. Hence it is found to be normal that the earlier mark is exploited outside its market sector, for instance, through licensing or merchandising.

Art 70

Art Music Journalism Marketing 70

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

The TTABlog

AUGUST 30, 2023

That both parties market and sell their products through the Internet is unpersuasive. The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'" Applicant Vape SS has been using its mark since 2016 and selling nationwide since 2019, and is "No.

Designs 56

Designs Design Branding Brands 56

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

JANUARY 26, 2024

It asked the following questions, all related to live sports streaming piracy, for the years 2019 to 2023 inclusive. “Between 01/01/2019 and 18/12/2023 there were 1,287 crimes recorded based on the offenses and/or keywords provided. The first, dated December 19, 2023, was directed at Wiltshire Police.

Web Development 96

Web Development Reporting Copyright Editing 96