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. 5,572,801 and 6,069,279.

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False Advertising Contracts Advertising Advertising 52

43(B)log

AUGUST 10, 2021

Drone Whirl LLC, 2021 WL 3474007, No. It counterclaimed for unfair competition under the Lanham Act, as well as Texas common-law claims of fraud, breach of contract, business disparagement, and tortious interference with existing and prospective business relations. Shenzhen Tange Li’an E-Commerce Co. 1:20-CV-00738-RP (W.D.

Advertising 57

Advertising Advertising Designs Design 57

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Designed in US” can also work. Joseph Lewczak: FTC v. distribution of prizes if any. Chemence, Feb.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

JANUARY 13, 2022

million Dogecoin (DOGE) sweepstakes in June 2021, and who purchased or sold Dogecoins on a Coinbase exchange for a total of $100 or more between June 3, 2021 and June 10, 2021.” Opt in and then buy or sell $100 in DOGE on Coinbase by 6/10/2021 for your chance to win. So, which contract governed?

Contracts 57

Contracts Advertising Advertising Government 57

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. Even if the new definition applied, the court questions if GMB was the one to “advertise and offer” the boat, as opposed to Chaves: it is Chaves who places the advertisement on GMB’s website.

Contracts 74

Contracts Advertising Advertising Privacy 74

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet).

Editing 90

Editing Social Media Blogging Advertising 90

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

43(B)log

JULY 6, 2022

BD alleged that Medline made false and misleading statements that BD had to change its original design as a result of the patent litigation, that the original was found to infringe one or more of Medline’s patents, that the original was discontinued, and that the reverted design would negatively impact BD’s ability to supply sufficient inventory.

False Advertising 57

False Advertising Designs Design Advertising 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

Technology & Marketing Law Blog

NOVEMBER 15, 2022

In 2021, Jess Miers and I published an article in the Journal of Free Speech Law (run by the UCLA Law School) entitled “ Online Account Terminations/Content Removals and the Benefits of Internet Services Enforcing Their House Rules.” When we finalized our dataset in early 2021, we found 62 opinions. Section 230.

Publishing 96

Publishing Government Contracts Law 96

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

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.

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Registration Contracts Advertising Advertising 49

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. II), 2021 WL 3878654, No. Superior Court, 9 Cal.5th 5th 642, 651 (2020). Google, Inc.,

False Advertising 57

False Advertising Advertising Advertising Business 57

43(B)log

OCTOBER 8, 2021

23, 2021) Evel Knievel was a famous motorcycle daredevil with an “iconic wardrobe: a white jumpsuit embellished only by star-spangled red, white, and blue patriotic insignia with a matching white cape and helmet and a motorcycle adorned by red, white, and blue colors.” The toy could not perform as advertised in the commercial.

Advertising 57

Advertising Advertising Social Media Licensing 57

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. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

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. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

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. 2021 WL 5893161 (S.D. Paul Rudolph Heritage Foundation, 2021 WL 4482608 (S.D.N.Y.

Registration 113

Registration Fair Use Copyright Designs 113

The IPKat

JANUARY 18, 2022

Already in June 2021, the Bundekartellamt had initiated proceedings against Google following a complaint by Corint Media concerning Google’s licensing and presentation practices i.a. What is however interesting about the Bundeskartellamt decision of 30 December 2021 is the assessment of the different services and their interaction.

Publishing 52

Publishing Marketing Marketing Advertising 52

Trading Secrets

JUNE 3, 2022

2021), the Third Circuit addressed the pleading requirements to assert a claim under Defend Trade Secrets Act (“DTSA”). 4:19-CV-00402, 2021 U.S. Tex August 4, 2021)(injunction prohibiting use or disclosure of trade secrets does not break causation regarding defendant’s continuing benefit from the misappropriation). Karya Prop.

Law 59

Law Confidentiality Designs Design 59

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.

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Non-Fungible Tokens Trademark Artwork Art 122

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. Are we really doing this again? Implications.

Licensing 90

Licensing Copyright Contracts Advertising 90

IP Tech Blog

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers. His NFT sales have reportedly surpassed $1.1 million, with the most expensive METABIRKINS NFT selling for $45,100.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

IP and Legal Filings

APRIL 12, 2022

In this marketplace, several artists can upload their designs and creative work which then are printed on different products. These designs are printed on products like – mugs, t-shirts, bags, stickers, stationery, housewares and wall art. This is because, customers entered into a contract for sale with Redbubble and not the artist.

Art 52

Art Trademark Copyright Copyright Infringement 52

LexBlog IP

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers. His NFT sales have reportedly surpassed $1.1 million, with the most expensive METABIRKINS NFT selling for $45,100.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

OCTOBER 4, 2021

Vining, 2021 WL 4344891, No. False advertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” LStar Development Gp., 5:20-CV-184-FL (E.D.N.C. Not every word on a label or ad is a mark.

False Advertising 57

False Advertising Advertising Advertising Contracts 57

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. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP 143

IP Intellectual Property Copyright Trademark 143

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

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

DECEMBER 18, 2021

” Plus: its decisions as to which apps are allowed to sell through the App Store is not an act that in itself causes harm the antitrust laws were designed to protect. Breach of Contract. 2021 WL 5936910 (N.D. There is no showing that Apple is reaping the fruits of anticompetitive conduct. Implications. Apple, Inc.

Reporting 104

Reporting Law Contracts Advertising 104

SpicyIP

JULY 19, 2021

The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. 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. Topical Highlight. Thematic Highlights. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

JULY 14, 2023

Background of the case In 2021 a German company filed application No. The sign in question is perceived as a general advertising message indicating that consumers will be particularly satisfied with the services offered under the sign. They are often associated with positive communication. can represent contractual agreement.

Contracts 52

Contracts Trademark Intellectual Property Law Intellectual Property 52

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions.

Social Media 59

Social Media Contracts Confidentiality Business 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. January 2021. Introduction. Biosimilar Approvals and Launches by Year. Time from BLA Acceptance to Approval [1]. rituximab-arrx.

Litigation 52

Litigation Settlement Marketing Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

The IPKat

MARCH 3, 2022

Wanting to make a statement, he hired an advertising company which hand-painted advertisement tabloids for cinemas. the photograph/sketch) is to be treated as instructions, like a manual, the created work is no adaptation but the end result of the conceptualized idea (much like an architectural design and a finished house).

Copyright 97

Copyright Art Copyright Law Graphic Design 97

Technology & Marketing Law Blog

JUNE 11, 2022

26, 2021). BackChina, LLC, 2021 WL 6337194 (C.D. 16, 2021): Defendant argues that it is shielded from liability by 17 U.S.C. 2021 WL 6052106 (S.D.N.Y. Fraifer, 2021 WL 6690278 (M.D. * Hebenstreit v. Merchants Bank of Indiana , 1:18-cv-00056-JPH-DLP (S.D. Wilmont Storage Services, LLC , No. 19-55882 (9th Cir.

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112