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

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

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

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 58

Design Designs Art Intellectual Property 58

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 Designs Design 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

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

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

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

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 139

Television Copyright Infringement Advertising Advertising 139

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

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

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 Design 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 Design 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

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.

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Registration Advertising Advertising Art 117

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

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

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 Design 64

The IPKat

MARCH 25, 2024

In 2020, New Yorker Marketing & Media International GmbH (‘New Yorker’) filed invalidity applications against BIW’s trade marks, alleging that they lacked distinctiveness and were descriptive at the filing date ( Art. New Yorker also referred to BIW trying to popularise Compton in its advertising for the relevant goods.

Music 107

Music Cinema Design Designs 107

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

TorrentFreak

AUGUST 12, 2022

Between September 2020 and January 2022, Microsoft made a number of test purchases including Office Professional Plus, Office Home & Student, and Windows 10 and 11 Professional. Once the keys were purchased, customers were given links to download the software either directly from Microsoft or from sites hosting counterfeit copies.

Copying 118

Copying Licensing Marketing Marketing 118

The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. Sellers failed to overcome that presumption.

Design 56

Design Designs Marketing Marketing 56

TorrentFreak

AUGUST 8, 2024

Last month, Japan-based anti-piracy group Authorized Books of Japan (ABJ) ran a newspaper advertising campaign in the United States, Italy, Spain, and France. It’s disorientating by design and can lead to the appearance of 100 new target sites in as little as a month.

Reporting 139

Reporting Advertising Advertising Copying 139

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

TorrentFreak

FEBRUARY 15, 2022

In 2020, Amazon teamed up with publisher Penguin Random House and authors including John Grisham, Scott Turow and Lee Child to sue several pirate ‘Kiss Library’ eBook sites operating out of Ukraine. Just a day after the complaint was filed, a Washington court issued a temporary restraining order designed to cripple Kiss Library.

Social Media 110

Social Media Publishing Copyright Law Copyright 110