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My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. In 2023, the EU launched its Digital Services Act.
Lei, 2023 WL 6373073, No. 21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” 22-cv-1166-RSH-BLM (S.D. Motion to dismiss granted.
As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.
100/2023, 22nd November 2024 ) and concerning the renowned Italian football club Juventus, one of its official resellers (i.e., La Vecchia Signora (as its supporters call it) claimed inter alia unregistered trade mark infringement, unfair competition and unregistered design infringement.
This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements.
19-662-CFC, 2023 WL 4561059 (D. 17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., Natera made superiority claims for its Prospera.
The Roundtable is designed to be a forum for the discussion of current trademark and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will be held on Friday, October 6, 2023. The Roundtable will cover the travel and lodging expenses for invited authors.
Trademark and Unfair Competition Scholarship Roundtable 2023 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place in person hosted this year at NYU. The Roundtable will be held on Friday, October 6, 2023.
Had a crystal ball been available back in 2017, Merrell would’ve observed the operators of Flawless being sent to prison in 2023 for more than 30 years. As a new customer, subsequently purchased a subscription from a then relatively unknown provider called Flawless TV.
Meadow Gold Dairies Hawaii, LLC, 2023 WL 159907, No. 11, 2023) Plaintiff alleged that defendant MGD advertises and sells milk that is one hundred percent from cows outside of Hawai‘i. Was a false geographic origin claim one for false association, § 1125(a)(1)(A), or false advertising, § 1125(a)(1)(B)? 21-00460 LEK-WRP (D.
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.
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.
She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. In pursuance of its goal to accelerate EV adoption, it developed a new vehicle design and coined the same EZIO. Tanishka is an advocate at the High Court of MP. Her previous posts can be found here.
Note: The responses below were received in 2023. Last year, our No Logs policy also underwent an independent audit by Big Four firm, Deloitte, which found that PIA’s server configurations align with internal privacy policies and confirmed that our infrastructure is not designed to identify users or pinpoint their activities.
Figures for 2023 indicate a 290 million loss of revenue due to all pirate sports broadcasts, representing around 15% of the market. Depending on how the measure is perceived (which probably depends on whether there is any visible enforcement), the final proposal encompassing advertising and promotion may be the one to watch.
Rampart Resources found out about Rampart/Wurths recent adoption of that name change in September 2023 when a FedEx driver told its president that another Rampart had just opened in Baton Rouge and that she had confused the two businesses. Mark similarity: It is visually apparent that all aspects of the marks (font, color, design, etc.)
When tech giants turned to virtual worlds in 2021, haute couture designers did not hesitate to design digital clothing for avatars and open stores on these platforms. Thanks to their transparency and immutability, NFTs protect both designers and consumers from fakes. Other firms in the industry were soon to follow.
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. .
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?
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.
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.
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.
These products are essentially replicas of luxury or designer fragrances, crafted to mimic the scent profile of high-end perfumes at a fraction of the cost. Counterfeit perfumes are unauthorized imitations that not only replicate the scent of a branded perfume but also copy its packaging, bottle design, and branding.
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).
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.”
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.
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.
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?
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.
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.”
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.,
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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?
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.
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.
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