The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.” Welch 2021.

Social Media 60

Social Media Advertising Advertising Music 60

Technology & Marketing Law Blog

AUGUST 17, 2021

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” It’s 2021 FFS. McNeil Consultants, LLC , 2021 WL 3508713 (5th Cir. The defendants run the Accident Injury Legal Center, which runs a lawyer referral service. Distraction is insufficient. OK, I guess.

Advertising 105

Advertising Advertising Trademark Settlement 105

IPilogue

JULY 20, 2021

Whether or not you’re a biker, you’re likely familiar with the Harley-Davidson brand. Considered the most well-known American motorcycle brand in the world , Harley-Davidson claims to sell more than just bikes—they sell a lifestyle. In 2018, the brand collected $19.2

Trademark 106

Trademark Branding Brands Branding 106

43(B)log

AUGUST 10, 2021

Drone Whirl LLC, 2021 WL 3474007, No. In relevant part, the Shenzen pamphlet began: We are aware that there are a number of companies who are committing design infringements on our products. Is this legitimate, either under general advertising law, or Amazon policy? Shenzhen Tange Li’an E-Commerce Co. 1:20-CV-00738-RP (W.D.

Advertising 57

Advertising Advertising Designs Design 57

43(B)log

DECEMBER 23, 2021

2021 WL 6049964, No. 12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. FireBlok IP Holdings, LLC v. Hilti, Inc.,

False Advertising 57

False Advertising Advertising Advertising Designs 57

Dragons' Den

FEBRUARY 16, 2023

In this week’s blog, I’ll focus on two pitches and consider what is patentable and the difference between designs and patents. And so in December 2021, he launched an ‘in your pocket music promotions hub’. A trade mark might help to protect a brand name or logo. system, this is basically a registered design. In the U.S.

Designs 52

Designs Design Music Invention 52

43(B)log

SEPTEMBER 7, 2021

24, 2021) Uber Inc. 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.,

Graphic Design 57

Graphic Design Advertising Advertising Technology 57

The IP Law Blog

MARCH 5, 2021

Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. There is a two-part test used to determine whether a designation is generic: (1) What is the class of goods or services at issue?

Trademark 85

Trademark Branding Brands Branding 85

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The Indiana Secretary of State indicates that the corporation was created in 2021. filed suit against Plaintiff JV Medical Supplies, Inc.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

AUGUST 27, 2021

5:20-CV-142-FL, 2021 WL 3284799 (E.D.N.C. 30, 2021) Dynatemp and another company sued defendants for false advertising and related claims; defendant RMS counterclaimed similarly. Notable holdings: RMS didn’t plausibly allege that plaintiffs falsely designated their goods. Dynatemp Int’l, Inc. R421A, LLC, No.

False Advertising 44

False Advertising Branding Brands Branding 44

The IPKat

DECEMBER 17, 2021

According to the SCA, the target market for the products was made up of discerning consumers who were more concerned with the precise brand of watch they required, and who would be less likely to be deceived or confused by the limited similarities between the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Verena von Bomhard (BomhardIP) presented a summary of trade mark cases before the EU Courts in Luxembourg from 2021. Julie Zerbo tells the rest of the story on The Fashion Law.

Blogging 124

Blogging IP Non-Fungible Tokens Cease and Desist 124

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Fish attorneys Jenny Shmuel , Philip Chen , and Kayleigh McGlynn authored a Biosimilar Development article, “ Regulatory And Legislative Actions Set The Tone For Biosimilars In 2021.” This article focuses on regulatory and legislative actions in 2020 that may impact the burgeoning biosimilars space in 2021 and beyond.

Settlement 40

Settlement Licensing Designs Design 40

Garrigues Blog

JUNE 1, 2021

We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? The practical application of artificial intelligence in fields such as artistic creation or innovation poses a whole range of brand new challenges for IP.

Blogging 52

Blogging IP Advertising Advertising 52

TorrentFreak

JANUARY 18, 2022

Our service is designed for a broad spectrum of clients: webmasters, SEO-optimizers, traders, businessmen and people, who care about their personal security,” the site read. Rather than simply just another VPN provider offering anonymity on the regular internet, the service is claimed to have advertised itself on the dark web.

Law 98

Law Advertising Advertising Privacy 98

IPilogue

JANUARY 21, 2022

In 2021, global e-sports revenue is said to have reached a whopping $1 billion USD, and is projected to increase to $1.6 Game publishers can decide what teams/players may compete, who may host tournaments, and how tournaments are advertised and broadcasted. billion USD by 2024.

Publishing 110

Publishing Intellectual Property IP Licensing 110

TorrentFreak

DECEMBER 24, 2021

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. It targeted six major ISPs (BT, EE, Plusnet, Sky, TalkTalk and Virgin Media) demanding that they block subscriber access to five domains carrying NSW2U and NSWROM branding.

Social Media 140

Social Media Artwork Copyright Reporting 140

43(B)log

AUGUST 24, 2021

2021 WL 764121, No. 26, 2021) Eldmann argued that Walgreens falsely marketed its Infants’ Pain & Fever product in contrast to its Children’s Pain & Fever Acetaminophen product. Walgreen Co. 5:20-cv-04805-EJD (N.D. Infant products used to contain 80 mg of acetamiophen per mL, whereas children’s product contained 160 mg per 5 mL.

Designs 67

Designs Design Branding Brands 67

43(B)log

SEPTEMBER 3, 2021

25, 2021) “Because Amazon’s marketplace operates as a neutral intermediary between consumers and third-party vendors, courts have typically not found it liable for trademark-infringing goods sold through its platform.” And Redbubble does not design, manufacture, or handle these products. Ohio State Univ. Redbubble, Inc.,

Trademark 104

Trademark Advertising Advertising Designs 104

43(B)log

SEPTEMBER 7, 2021

2021 WL 1534988, No. and [the] Coach” brand. and [the] Coach” brand. Tapestry, Inc. Chunma USA, Inc., 20-CV-0271 (JMF) (S.D.N.Y. The complaint did “narrowly” state a claim. The complaint also showed images showing close similarities between Coach’s trademarks and some of Chunma’s products.

False Advertising 57

False Advertising Registration Trademark Registering Trademarks 57

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 70

Advertising Advertising Reporting Intellectual Property 70

SpicyIP

FEBRUARY 13, 2023

vs Sotkon Sp Slu on 30 January, 2023 (Delhi High Court) Delhi High Court dismissed an appeal against the impugned order and held the Appellant prima facie guilty of contempt for continuing to supply garbage bins to Gandhinagar Municipal Corporation, in violation of an interim injunction dated October 2021. Check out the post for more details.

Designs 52

Designs Design Trademark Cease and Desist 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

Social Media 52

Social Media Branding Brands Branding 52

IP Tech Blog

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. The Amended Complaint emphasizes the growing importance of NFTs in the fashion and brand markets, and accuses Rothschild of usurping opportunities that rightfully belong to the brand owner, Hermès. Brand owners have already begun to catch up.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

NOVEMBER 17, 2021

AMUL Canada , 2021 FC 636 is the most recent example of the effectiveness of default judgment. Kaira’s brand AMUL is internationally renowned and India’s largest food brand. Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. million producer members.

False Advertising 40

False Advertising Social Media Trademark Branding 40

TorrentFreak

MARCH 11, 2024

ANCINE’s Special Agreement With the MPA In April 2021, ANCINE announced it had signed “technical cooperation agreements to intensify the fight against piracy of audiovisual content.” Not exactly; in fact, deeper cooperation with the MPA played a significant role in the decision to prioritize local content protection.

Cinema 83

Cinema Reporting Copyright Government 83

LexBlog IP

SEPTEMBER 20, 2022

But back here, other than high-level, broad definitions that could theoretically deem advertising itself a dark pattern, there has been a lack of clarity on the issue. Back in April 2021, the Federal Trade Commission (FTC or Commission) conducted a workshop on dark patterns. First up are the design elements that induce false beliefs.

Reporting 52

Reporting Privacy Advertising Advertising 52

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). 92056381 (December 16, 2021) [not precedential] (Opinion by Judge Marc A. Nor did respondent have advertising material or seek FDA approval.

Registration 49

Registration Contracts Advertising Advertising 49

The IPKat

JANUARY 14, 2022

319 [2021], Final, Civil, Shaanxi of the High People's Court of Shaanxi Province. However, its production costs are low, and profits are high, and there are hazards such as disrupting the market order and damaging the image of large brands, and this behaviour should be regulated. Second instance [Case reference: Civil Judgment No.

Law 142

Law Branding Brands Branding 142

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., However, on 7 May 2021, the U.S.

Trademark 52

Trademark Registration Branding Brands 52

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

Lanham Act False Advertising. Internet Brands. The Ninth Circuit said that Section 230 doesn’t apply to design defect claims that aren’t based on third-party content, but we know that the plaintiff is likely to lose the case on its merits based on a nearly identical case that failed in Georgia courts. In Asurvio v.

Blogging 120

Blogging False Advertising Law Advertising 120

LexBlog IP

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. The Amended Complaint emphasizes the growing importance of NFTs in the fashion and brand markets, and accuses Rothschild of usurping opportunities that rightfully belong to the brand owner, Hermès. Brand owners have already begun to catch up.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

AUGUST 17, 2021

Anheuser-Busch, LLC, 2021 WL 3501203, No. Defendant argued that consumers would understand these merely as “flavor designators.” Defendants argued that federal regulations allowed it to use “a cocktail name as a brand name or fanciful name.” 20-CV-7451 (KMK) (S.D.N.Y. That didn’t work at this stage.

Marketing 78

Marketing Marketing Branding Brands 78

SpicyIP

MAY 18, 2022

Though it is not easy to find a comprehensive list of all such trademarks in India (the website of the Indian TMR is so yesterday), recently advertised trademarks throw light on such activity. Dec 21, 2021. Dec 15, 2021. Some examples under class 9 include: S.No. Application date. Description (shortened). Feb 25, 2022.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark. c) Top 10 Other IP Developments.

IP 143

IP Intellectual Property Copyright Trademark 143