Technology & Marketing Law Blog

DECEMBER 10, 2023

The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. This argument has failed so many times. Google opinion.

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Intellectual Property Law Blog

MAY 2, 2023

On April 21, 2023, the Secretary of Homeland Security, Alejandro N. Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). Patents On February 14, 2023, the U.S. Both the U.S.

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Government Business Licensing Copyright 237

TorrentFreak

JANUARY 3, 2024

Whether that’s by choice or design isn’t clear but a lecture from someone who earns more in a day than many fans do in a year could be even more disastrous than it sounds. ” It contains over 400 domain names and, according to metadata, was last updated on December 26, 2023.

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Advertising Advertising Reporting Copyright Infringement 124

Patently-O

JANUARY 3, 2024

EL’s design also includes the idea of different elastic strengths. As a result of the testing, EL made a number of tweaks to the design, including the connection mechanism and also determining the best force / elongation parameters for safety and comfort. By November 2019, EL was satisfied with the design. What do you think?

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Patent Law Law Patent Patent Application 78

TorrentFreak

JANUARY 19, 2024

In the final days of 2023 as people were preparing to welcome in the new year, yet more pirate domains were being redirected or transferred into the hands of the MPA, presumably as part of a settlement agreement. 2) Responsive Design with VIP membership system. From: TF , for the latest news on copyright battles, piracy and more.

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Advertising Advertising Intellectual Property Settlement 128

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. .

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IP Intellectual Property Social Media Cease and Desist 98

The TTABlog

DECEMBER 30, 2022

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (IX) oral hearings for the month of January 2023. January 10, 2023 - 1 PM: In re OptConnect Management, LLC , Serial Nos. January 12, 2023 - 2 PM: Ultrasun AG v. January 17, 2023- 1 PM: In re Nature Cravings Pet Treats LLC , Serial Nos.

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The TTABlog

OCTOBER 2, 2023

TTABLog Test: Is "SUNSET SUSHI & Design" Confusable with "BANSHOO SUSHI BAR & Design" for Restaurant Services? [No] Specimen of Use/Nonuse/Illegal Use: TTAB Affirms Rejection of Specimen (Slide Presentation) for Oil Drilling Equipment as "Mere Advertising" Precedential No. Welch 2023.

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Reporting Trademark Registration Design 64

SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? In what follows, Rahul Bajaj sets out the key arguments of the parties and the holding of the court, along with his analysis of the judgment. 2 (Lulu Mall).

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Advertising Advertising Confidentiality Trademark 105

43(B)log

JULY 24, 2023

2023 WL 4681569 , No. But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. According to Defendant’s internal memoranda, the advertising campaign was designed to “optimally position Onpro in [the] face of biosimilar competition.”

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False Advertising Advertising Advertising Marketing 92

The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. August 3, 2023 - 11 AM: TF Intellectual Property Pty Ltd v. August 3, 2023 - 1 PM: Mealpass, Inc. August 8, 2023 - 11 AM: In re Molina Healthcare, Inc. August 9, 2023 - 11 AM: Billy Stott v.

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Contracts Registration Design Designs 52

IP and Legal Filings

FEBRUARY 15, 2024

While the data provided by individuals are handled safely by the industry, yet, there exists an apprehension that sharing data could be misused and will lead to a flood of advertisements as based on the interests of individuals or even to potential fraud and scams.

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Privacy Social Media Advertising Advertising 105

Technology & Marketing Law Blog

JUNE 26, 2023

The (unnecessarily confusing) majority opinion suggested several exclusions to Section 230’s immunity, including these statements: “If you don’t encourage illegal content, or design your website to require users to input illegal content , you will be immune.” ” So what exactly did Facebook do to forego Section 230 protection?

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Advertising Advertising Marketing Marketing 111

Olartemoure Blog

MAY 30, 2023

The Digital Markets Act is a groundbreaking law from the European Union that regulates the performance of large online platforms (designated as gatekeepers) in the digital economy to guarantee fair competition, which started applying on 2 May 2023. It controls an important gateway for business users toward final consumers.

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Marketing Marketing Design Designs 98

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.”

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Reporting Advertising Advertising Copying 139

43(B)log

NOVEMBER 27, 2023

2023 WL 8006602, MDL No. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. 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. In re SoClean, Inc.,

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Advertising Advertising Marketing Marketing 59

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

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Design Designs Social Media Privacy 57

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. .” Both apps allegedly were not responsive enough to complaints or unmasking requests, including not following their own purported policies. ” The defendants successfully defend on Section 230 grounds.

False Advertising 105

False Advertising Social Media Publishing Advertising 105

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.

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False Advertising Contracts Advertising Advertising 52

LexBlog IP

JULY 5, 2023

On 28 June 2023, Coimisiún na Meán ( CnaM ) launched a consultation on the designation of video-sharing platform services ( VSPSs ) under the Online Safety and Media Regulation Act 2022 (the OSMR ), amending the Broadcasting Act 2009. It also requires Member States to ensure that VSPSs comply with advertising standards.

Design 52

Design Designs Advertising Advertising 52

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Roblox Corp. 22-cv-04476-SI (N.D. Users interact with the platform through virtual characters known as “Avatars.”

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Copying False Advertising Social Media Advertising 94

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.

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Law Advertising Advertising Marketing 98

LexBlog IP

MAY 2, 2023

Last week , the European Commission (the Commission ) adopted the first designation decisions under the Digital Services Act ( DSA ) which designated certain services as Very Large Online Platforms ( VLOPs ) and / or Very Large Online Search Engines ( VLOSEs ) in accordance with Article 33(4) of the DSA.

Design 52

Design Designs Reporting Advertising 52

The IPKat

AUGUST 19, 2024

Background “Habanos” (Spanish for “from Havana”) is a Cuban designation of origin (DO) [a type of geographical indication, GI, if this Kat may simplify this] for cigars that are produced in the entire territory of Cuba. This has prompted this Kat to comment on the OLG Munich’s ruling in Habana II, which is now final. Generic character (paras.

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Art Design Designs Advertising 109

43(B)log

JANUARY 27, 2023

3d -, 2023 WL 371035, No. 24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair Inc., 1:21-12063-PBS (D.

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False Advertising Advertising Advertising Design 59

The IPKat

AUGUST 7, 2024

Revolt Zycling , UPC_CFI_177/2023. myStomer tried to include Austria in the injunction too by way of a rectification of the order but this request was dismissed on 30 June 2023. Eurobike 2023" is an important leading trade fair that has considerable relevance for the entire industry. EUR for each contravention.

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Cease and Desist Art Patent Advertising 103

TorrentFreak

JUNE 22, 2023

Julius Bencko, Graphic Designer In the United States government’s superseding indictment dated February 16, 2012, Julius Bencko is described as a citizen and resident of Slovakia. Had designing logos and making websites look pretty begun to look less attractive to prosecuting authorities than they had done a couple of years earlier?

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Graphic Design Reporting Design Designs 145

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

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Trademark Invention Patent Art 126

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., Then, in January 2023, eight U.S. Finally, in April 2023, 19 U.S.

Marketing 98

Marketing Marketing Advertising Advertising 98

SpicyIP

FEBRUARY 20, 2023

vs Union Of India And 3 Ors on 15 February, 2023 (Bombay High Court) In another case concerning interpretation of Section 124 after the recently covered Anubhav Jain case, Bombay High Court dismissed a writ petition emphasizing on the satisfaction of the court regarding prima facie tenability of the plea of invalidity. Containers Indore v.

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Registration Design Designs Trademark 105

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

43(B)log

DECEMBER 18, 2023

2023 WL 8697700, No. The engineer of record must indicate on construction drawings the specific structural connectors that will be used on a given project, whether a custom connector designed by the engineer to join and transfer the load between members or a pre-engineered connector. Simpson Strong-Tie Co. 20-cv-06957-VKD (N.D.

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False Advertising Advertising Advertising Copyright 64

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. 91268870 (December 21, 2023) [not precedential] (Opinion by Judge Christen M.

Design 56

Design Designs Marketing Marketing 56

TorrentFreak

JANUARY 16, 2023

Interestingly, we did spot the site on an advertising blacklist maintained by City of London Police’s Intellectual Property Crime Unit (PIPCU). Fast forward to 2023 and PIPCU has decided to take up the matter on behalf of music group BPI. ‘Criminal’ GitHub Subdomain.

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Music Intellectual Property Copyright Copyright Infringement 143

The TTABlog

MARCH 20, 2023

92070774 (March 13, 2023) [not precedential] (Opinion by Judge Angela Lykos). referred to as the "Ridge Designs"). In other words, the issue is whether the designs of both safety helmets work better in the configurations at issue. ERB Industries, Inc. Cancellation No. In re Morton-Norwich Prods.,

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Registration Advertising Advertising Design 68

TorrentFreak

FEBRUARY 24, 2023

New Request For Information On February 10, 2023, Shueisha teamed up with major publishers Shogakukan, Kadokawa, and Kodansha in another ex parte application ( 1 ) and proposed order ( 2 ), filed this time at a district court in Delaware. It’s complex and messy, almost certainly by design.

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LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. In Abitron Austria GmbH et al v. Rothschild is appealing.

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