The TTABlog

DECEMBER 13, 2022

District Court for the Eastern District of Virginia upheld the TTAB's decision [ TTABlogged here ] affirming a refusal to register certain features of Timberland's boot design on the ground that the proposed mark for "footwear, namely, lace-up boots" lacked acquired distinctiveness. December 8, 2022). Welch 2022. l:21CV681 (E.D.

Design 96

Design Designs Advertising Advertising 96

43(B)log

JANUARY 13, 2023

Wolf Designs LLC v. Five 18 Designs LLC, F.Supp.3d 3d -, 2022 WL 10551564, No. 18, 2022) Wolf designs and installs “vehicle wraps,” large vinyl graphics or decals applied to car bodies. Copyright: Three of Wolf’s customers allegedly opted to hire Five 18 to install vehicle wraps featuring designs Wolf owned.

False Advertising 72

False Advertising Advertising Advertising Registration 72

SpicyIP

NOVEMBER 7, 2022

on 2 November, 2022 (Delhi High Court) . However, the patent on Apaxiban expired in September 2022 and via the present order, the court ruled that “ there can be no injunction on the manufactured stock lying with the Defendants, from being sold as on date. ”. vs Dr. Tajinder Bhatti on 2 November, 2022 (Delhi High Court) .

Patent Prosecution 111

Patent Prosecution Invention IP Journalism 111

TorrentFreak

FEBRUARY 20, 2023

The same can’t be said for dedicated movie and TV show downloading apps advertised precisely for that purpose. GitHub Transparency Report 2022 In 2022, GitHub received and processed 2,321 valid DMCA notices, an increase of almost 27% over the 1,828 notices reported for 2021. In 2022, 15.7%

Reporting 110

Reporting Copyright Advertising Advertising 110

43(B)log

AUGUST 29, 2024

Most of the claims failed on summary judgment, but part of Woodland’s claim against Fiskars for false advertising, based on Fiskars’s statements about the cutting power of its tools, and some of its statements that certain products were designed in the United States, did create factual issues for trial.

False Advertising 59

False Advertising Advertising Advertising Design 59

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

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. Mentioned below are some crucial judgements passed in the year 2022 on matters dealing with trademark infringement. Vijaya Sai And Others (19 th January 2022). Frost Falcon Distilleries Limited (2 nd March 2022).

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

43(B)log

MARCH 9, 2022

2022 WL 670919, NO. 7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” False designation of origin/false advertising: Lasoff v. And it dismissed false advertising claims as “duplicative of his infringement claim.” Amazon.com, Inc., C21-1329RSM (W.D. Amazon.com, Inc., So too here.

False Advertising 69

False Advertising Advertising Advertising Branding 69

Michael Geist

APRIL 19, 2022

After obtaining hundreds of millions in taxpayer support with programs such as the Local Journalism Initiative (made permanent in Budget 2022), the Journalism Labour Tax Credit, and the Digital Subscription Tax Credit, the organization set its sights on the Internet platforms. Designated Public Office Holders. 2022-04-14.

Journalism 142

Journalism Advertising Advertising Government 142

The IPKat

JANUARY 19, 2023

The above perception by the consumer would be all the more proven given that the use of the image of famous movie character for exclusively advertising purposes is relatively common in many sectors. Later that year, the Office raised an objection in accordance with Article 7(1)(b) – (c) and 7(2) of Regulation 2017/1001 (EUTMR).

Advertising 141

Advertising Advertising Registration Business 141

Plagiarism Today

MAY 2, 2022

creators whose creative works were featured in Facebook advertisements without permission. In March, two senators debuted the Strengthening Measures to Advance Rights Technologies Copyright Act of 2022 , better known as the SMART Copyright Act. The lawsuit is proposed as a class action, including all U.S. The Complicated Backdrop.

Social Media 246

Social Media Copyright Infringement Copyright Plagiarism 246

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below).

Design Patent 90

Design Patent Advertising Advertising Design 90

Technology & Marketing Law Blog

MARCH 13, 2022

2022 WL 594833 (D. 2022 WL 670919 (W.D. March 7, 2022). ” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. Groupon, Inc. BONUS: Melwani v.

Trademark 110

Trademark Advertising Advertising Settlement 110

43(B)log

FEBRUARY 17, 2022

11, 2022) This is the main liability opinion. Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

AUGUST 5, 2022

CV-21-00228-TUC-SHR, 2022 WL 3098042 (D. 4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?

Advertising 59

Advertising Advertising False Advertising Contracts 59

SpicyIP

JANUARY 23, 2022

We’re pleased to inform our readers that our former blogger, Rajiv Choudhry is offering an online course for preparation for the upcoming Patent Agent exam on 5th February, 2022. This time the examination was supposed to be held in 2020 but has now been fixed for May 2022. may be addressed to eoffice@techlaw.in.

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105

43(B)log

OCTOBER 29, 2021

27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. Copper Compression Brands LLC, 2021 WL 5013799, No. 4604 (KPF) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Design 59

TorrentFreak

OCTOBER 18, 2022

All members of the MPA, the studios won a default judgment and injunction in April 2022. Arm’s Length Advertising. That being said, shell companies and partnerships like these are designed to frustrate investigations, including this one carried out by the MPA. KickassTorrents.

Advertising 143

Advertising Advertising Business Reporting 143

Olartemoure Blog

SEPTEMBER 23, 2022

On September 8, 2022, the Mexican Government published the amendment to the Labeling Standard for food and non-alcoholic beverages (NOM). The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. 09/22/22 – Industrial Designs. Original source in Spanish.

Intellectual Property 105

Intellectual Property Advertising Advertising Design 105

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. by Dennis Crouch. Sunset Healthcare Solutions ( Fed.

Design 75

Design Designs Registration Trademark 75

The TTABlog

JUNE 29, 2022

Bee) has scheduled five (5) oral hearings for the month of July 2022. July 7, 2022 - 1 PM: In re Di-Namic Records , Serial No. July 7, 2022 - 1 PM: In re Di-Namic Records , Serial No. July 12, 2022 - 1 PM: In re Responsiveads, Inc. July 13, 2022 - 10 AM: New Enchantment, LLC v. July 14, 2022 - 11 AM: In re C.E.

Music 59

Music Registration Advertising Advertising 59

Copyright Lately

DECEMBER 28, 2022

Remembering another lousy year with a countdown of the most ill-considered, unsatisfying and wrongly-decided copyright rulings of 2022. So what better way to commemorate 2022 than with a look at the worst copyright decisions from coast to coast? Well, there you have it—the worst copyright rulings of 2022, according to yours truly.

Copyright 83

Copyright Art Licensing Social Media 83

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 TTABlog

APRIL 25, 2022

88909675 (April 22, 2022) [not precedential] (Opinion by Judge Mark Lebow). 88733158 (April 22, 2022) [not precedential] (Opinion by Judge Melanye K. 88400594 (April 22, 2022) [not precedential] (Opinion by Judge Marc A. Welch 2022. In re Versatrans, Inc. In re Spectrum Image, Inc. TTABlog comment: How did you do?

Advertising 72

Advertising Advertising Design Designs 72

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

TorrentFreak

SEPTEMBER 30, 2022

On January 1, 2022, France launched the Audiovisual and Digital Communication Regulatory Authority (ARCOM), which swallowed Hadopi and took on a number of challenges, fighting piracy being just one of them. The new law was designed with these countermeasures in mind and according to Arcom, things were going as planned.

Reporting 139

Reporting Design Designs Marketing 139

JD Supra Law

OCTOBER 17, 2024

The US Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment on a false advertising claim, concluding that a cause of action under Section 43(a) of the Lanham Act can arise when a party falsely claims to hold a patent on a product feature and advertises that feature in a misleading way. Crocs, Inc.

False Advertising 69

False Advertising Advertising Advertising Patent 69

43(B)log

APRIL 25, 2022

2022 WL 898598, No. 28, 2022) Take it away, Judge Altman: If you want to build with plywood in the United States, you generally need a certification— called a PS 1-09 stamp. pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising. Structural Plywood Integrity Coalition v.

False Advertising 56

False Advertising Advertising Advertising Licensing 56

43(B)log

AUGUST 25, 2022

16-5073, 2022 WL 3588024 (E.D. 22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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. Piracy Campaign.”

Reporting 139

Reporting Advertising Advertising Copying 139

Above the Fold

MAY 1, 2021

In case you missed it, Maryland became the first state back in February to pass a digital advertising services tax into law (and over the governor’s veto no less). The amendment also delays the effective start date of the tax until January 1, 2022. to 10%, based upon each business’s global annual gross revenues.

Advertising 40

Advertising Advertising Business Law 40

Patently-O

OCTOBER 3, 2021

The TTAB gave little weight to the fact that the agency has issued registration certificates on many different shoe designs. I expect final briefing in February 2022 and a decision later in the spring. = = =. Alternatively, the case should be remanded for consideration of the issue of functionality. TBL Complaint.

Trademark 132

Trademark Registration Advertising Advertising 132

Technology & Marketing Law Blog

OCTOBER 9, 2023

The court’s single-minded determination to find a valid discrimination claim under these conditions casts a long and troubling shadow over the online advertising industry. Advertisers don’t have to advertise to consumers who aren’t likely to be interested in products not meant for them.

Law 98

Law Advertising Advertising Marketing 98

43(B)log

APRIL 25, 2022

Pacifici, 2022 WL 889275, No. 25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. ExeGi Pharma, LLC v. 1:21-CV-2134-TWT (N.D.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

Patently-O

MARCH 11, 2024

2022-1756 (Fed. 7,072,849 and 7,076,443, relating to improvements in web-based advertising. 101 as directed to the abstract idea of “identifying advertisements based on search results.” Claims 15-17 of the ‘443 patent recite a method for providing advertisements related to search result items.

Patent Application 75

Patent Application Advertising Advertising Patent 75

43(B)log

JUNE 17, 2022

4th -, 2022 WL 2036293, No. 7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The injunction didn’t define the term, but since it was based on a Lanham Act violation, “commercial advertising or promotion” was the proper guidepost. De Simone v. VSL Pharmaceuticals, Inc.,

False Advertising 64

False Advertising Advertising Advertising Litigation 64

LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including, designers, tradespersons, and most importantly, consumers. reportAd: {.

Design 52

Design Designs Law Contracts 52