Patently-O

NOVEMBER 21, 2022

However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. ” In general, that amount of evidence is insufficient to support a product design trade dress registration. is a Sunset brand filter.” ” 15 U.S.C.

Design 75

Design Designs Registration Trademark 75

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.

Settlement 52

Settlement Litigation Marketing Marketing 52

IPilogue

JULY 15, 2021

Behind every costume is a designer whose vision and design breathes life into characters. But behind every designer, other figures may undercut and miscredit them. Disney’s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry.

Licensing 105

Licensing Contracts Design Designs 105

Technology & Marketing Law Blog

MARCH 13, 2022

For example, according to the complaint: On August 19, 2020, Plaintiff searched for “Royal Silk” under all departments on Amazon.com, yielding 60 product listings, including “Sponsored” product listings—ads paid for by the seller. ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v.

Trademark 110

Trademark Advertising Advertising Settlement 110

TorrentFreak

OCTOBER 10, 2022

In 2020, complaints from the Federation of Newspaper Publishers (FIEG) over the illegal distribution of newspapers, periodicals, and books, led to an emergency order requiring Telegram to shut down 19 channels or face blocking itself. In early 2020, ODG filed a complaint at the Public Prosecutor’s Office at the Court of Milan.

Advertising 144

Advertising Advertising Cinema Copyright Infringement 144

43(B)log

SEPTEMBER 13, 2021

2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. Lanham Act claim: Was this commercial advertising or promotion? C21-312 TSZ, 2021 WL 3930694 (W.D.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

43(B)log

DECEMBER 7, 2021

1, 2021) De Cortes, an 84-year old woman, worked for defendants/predecessors from 2003-2020 in their real estate business. In 2020, De Cortes obtained a Florida real estate sales associate license and asked if she could serve as a real estate agent for BIR. Defendants represent 170 owners of units in the Four Ambassadors.

Advertising 59

Advertising Advertising Confidentiality Business 59

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.

Design 60

Design Designs Art Intellectual Property 60

IP Tech Blog

AUGUST 22, 2022

The concept of Metaverse as an online framework for economic interoperability was born in and around 2020. 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.

Design Patent 57

Design Patent Design Designs Patent 57

SpicyIP

JANUARY 23, 2022

This time the examination was supposed to be held in 2020 but has now been fixed for May 2022. Note: SpicyIP is a participant in the Amazon Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.in.

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105

IP Intelligence

MAY 9, 2024

In April 2020, Post Foods LLC (Post) applied to register a trademark for the various colors of its Fruity Pebbles cereal in International Class 30 for “breakfast cereals.” Despite all the detailed evidence, the examiner continued to refuse to register the mark because it consisted of a nondistinctive product design. 2] 15 U.S.C.

Advertising 98

Advertising Advertising Trademark Registration 98

TorrentFreak

DECEMBER 26, 2021

In a summer 2020 lawsuit , Amazon Content Services, publisher Penguin Random House and several authors including John Grisham and Lee Child, accused several pirate eBook sites of infringing their copyrights. The court also ordered assets to be restrained. Early on it became clear the case was unlikely to be straightforward. in Damages.

Web Design 145

Web Design Copyright Publishing Copyright Infringement 145

43(B)log

AUGUST 26, 2021

5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. 2021 WL 1253803, No. 20-cv-06957-VKD (N.D. The court agreed!

Design 64

Design Designs Copying Copyright Infringement 64

43(B)log

FEBRUARY 26, 2024

23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Lawmakers in New York City and New York State banned the sale of unfinished frames and receivers in 2020 and 2022, respectively. Arm or Ally, LLC, 2024 WL 756474, No.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived. 3d 1137 (9th Cir.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” But “[n]ot all commercial speech is promotional.” Prager Univ.

Advertising 49

Advertising Advertising False Advertising Copyright 49

TorrentFreak

OCTOBER 5, 2021

Initially filed in August 2020, the complaint targeted five ‘doe’ defendants, together doing business as Universe IPTV and Universe TV. In December 2020, DISH’s first amended complaint named three people as the alleged operators of Universe IPTV – Mohamed Omar, Hossam Abd Elghany, and Moustafa Maatouk.

Copyright Infringement 144

Copyright Infringement Copyright Cease and Desist Social Media 144

Olartemoure Blog

DECEMBER 14, 2023

The European Union, for instance, has introduced the Digital Markets Act (DMA), which designates certain tech firms as “gatekeepers” and subjects them to more stringent regulations. Between 2020 and 2023, in the U.S., Antitrust Cases Targeting Market Dominance of Big Tech in the United States. Concurrently, Washington D.C.’s

Marketing 98

Marketing Marketing Advertising Advertising 98

TorrentFreak

NOVEMBER 4, 2024

That event, which has been confirmed as a DAZN error, has also impacted RIPE Atlas , a system designed to measure internet connectivity. Max’s presentation further revealed that Imperva Incapsula IP addresses were also blocked as part of the blunder that blocked Google Drive on October 19th.

IP 114

IP Journalism Confidentiality Advertising 114

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J.

Advertising 59

Advertising Advertising Marketing Marketing 59

TorrentFreak

AUGUST 24, 2021

In April 2020, a coalition of entertainment companies headed up by Universal, Paramount, Columbia, Disney and Amazon filed a copyright infringement lawsuit against the operators of ‘pirate’ IPTV service Nitro TV.

Television 138

Television Copyright Infringement Advertising Advertising 138

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

The TTABlog

DECEMBER 6, 2021

A single color mark on a product design is registrable only upon a showing of acquired distinctiveness. 2020 USPQ2d at 10869. (1) Dimarzio claimed use of the proposed mark since 1979, with millions of consumers observing its guitar pickups in videos, advertisements, and musical performances. Wal-Mart (citing Qualitex ).

Advertising 101

Advertising Advertising Marketing Marketing 101

Michael Geist

APRIL 5, 2022

The dominance of Google and Facebook in the digital ad market raises particular concerns, but that is a competition issue, not a news one and requiring the companies to pay for news based primarily on having developed a more successful digital advertising platform is not a supportable policy. A sampling would include: AllNovaScotia.

Government 111

Government Advertising Advertising Journalism 111

TorrentFreak

AUGUST 10, 2022

Portugal’s administrative site-blocking scheme is operated with assistance from the Inspectorate General for Cultural Activities (IGAC) and is designed to deal with copyright complaints quickly and without judicial oversight. million illegal streaming devices seized in 2020-2021.

Cinema 142

Cinema Advertising Advertising Intellectual Property 142

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 application for word mark “Black Friday” was filed by Black Friday GmbH in February 2020. also in February 2020. Thus, the relevant services in Class 35 were invalidated.

Registration 119

Registration Advertising Advertising Art 119

43(B)log

AUGUST 27, 2024

In late 2020, a new Plaid user interface finally propitiated PNC. PNC sued for counterfeiting, infringement, and false advertising/unfair competition under federal and Pennsylvania law. PNC has a stake in another company, Akoya, designed to compete with Plaid. “[W]hile But other consumer-based factors were up for grabs.

Advertising 52

Advertising Advertising False Advertising Designs 52

43(B)log

FEBRUARY 9, 2022

In August 2020, Krikor discovered that Sports Mall had posted at least six of her photographs on its website and advertised the depicted items for sale on its site…. This alleged chutzpah triggered the false advertising element of the case. “[T]he False advertising under the Lanham Act: The court identified two theories. (1)

False Advertising 45

False Advertising Advertising Advertising Copyright 45

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on AB2408).

Editing 98

Editing Social Media Blogging Advertising 98

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The design elements use “a contrasting font color” making the notice legible on the dark background. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros.

False Advertising 98

False Advertising Government Privacy Designs 98

43(B)log

OCTOBER 6, 2021

17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. The court says the usual not-good things about false advertising’s relationship to antitrust, unfortunately: Deceptive speech usually doesn’t violate antitrust laws. 17-md-2785-DDC-TJJ (D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

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 111

Law Social Media Advertising Advertising 111

43(B)log

FEBRUARY 4, 2022

Since in or about late 2020, ML Fashion has been receiving calls from vendors about unpaid bills or about where to ship certain goods that have turned out to be for Nobelle.” But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them.

False Advertising 64

False Advertising Advertising Advertising Designs 64

43(B)log

MAY 24, 2021

Mary Kate Fernandez, The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps, 66 Loy. A striking passage on host selling: This advertising practice, illegal during children’s television programming, is fundamentally unfair to child consumers.

Advertising 40

Advertising Advertising Television Design 40

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

Olartemoure Blog

SEPTEMBER 16, 2022

This decision stems from an investigation initiated by the authority after observing that since 2020 Apple stopped including chargers with its cell phones with the argument of seeking to reduce its carbon footprint.

Intellectual Property 98

Intellectual Property Intellectual Property Management Music Advertising 98

Selvam & Selvam Blog

FEBRUARY 28, 2025

crore (USD 5 million) for the extra marketing and advertising costs that Plaintiffs incurred to repair its damaged reputation. Amazons algorithm and recommendation systems are designed to boost sales, which can lead to questions about whether such algorithms play a role in amplifying trademark infringement. crore (USD 33.78

Due Diligence 52

Due Diligence Intellectual Property Branding Brands 52