JD Supra Law

MARCH 14, 2024

101 with respect to claims directed to web-based advertising. March 5, 2024) (Moore, Stoll, Cunningham, JJ.). In a wide-ranging opinion, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of invalidity for lack of patent eligible subject matter under 35 U.S.C. § Chewy, Inc.

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Advertising Advertising Patent Business 63

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. CPUSA2, LLC , 2024 WL 2836241 (S.D. June 4, 2024) BONUS: RVC Floor Decor, Ltd. 2024 WL 2847139 (E.D.N.Y. June 5, 2024). ” That prompted this litigation. ” UGH.

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Trademark Advertising Advertising False Advertising 129

43(B)log

MARCH 7, 2024

3d -, 2024 WL 940089 (N.D. 5, 2024) Sometimes, courts are very generous to competitors in presuming Lanham Act standing—as with the recent Meta ruling —and sometimes they aren’t. Shkipin’s amended false advertising counterclaim fails again. Shkipin, F.Supp.3d Previous ruling.

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Advertising Advertising False Advertising Business 59

Olartemoure Blog

AUGUST 30, 2024

On August 14th 2024, the Peruvian Competition and Consumer Authority (INDECOPI) presented the new edition of the Guide to Advertising for Influencers, a key tool for guiding influencers and advertisers on how to engage in responsible advertising practices in the digital environment.

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Advertising Advertising Intellectual Property Editing 52

JD Supra Law

MARCH 14, 2024

IBM owns two patents that generally relate to improvements in web-based advertising. Chewy, Inc. International Business Machines Corp., 2022-1756 (Fed. Opinion by Moore, joined by Stoll and Cunningham. Chewy sued IBM seeking a declaratory judgment of noninfringement of both patents.

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Patent Advertising Advertising Business 66

JD Supra Law

OCTOBER 8, 2024

3, 2024) In our Case of the Week, the Federal Circuit examined whether a district court erred in dismissing false advertising claims against Crocs Inc. Crocs, Inc. Double Diamond Distribution, Ltd., 2022-2160 (Fed. for allegedly misrepresenting the patent status of their popular footwear products.

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False Advertising Advertising Advertising Patent 63

43(B)log

MARCH 21, 2024

The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and right of publicity scholarship, covering a range of methodologies, topics, and perspectives. The Roundtable will be held on Friday, October 18, 2024. Submissions must be of full drafts in Microsoft word format.

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False Advertising Trademark Advertising Advertising 64

JD Supra Law

OCTOBER 17, 2024

On October 3, 2024, the Federal Circuit held that a false advertising cause of action arises where a party falsely claims that it holds a patent on a product feature and advertises the feature in a manner that causes consumers to be misled about the nature, characteristics, or qualities of the product. Crocs, Inc. 2022-2160).

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False Advertising Advertising Advertising Patent 69

43(B)log

FEBRUARY 23, 2024

Ferens, 2024 WL 710632, No. 21, 2024) ECRI and its CEO sued Ferens, a former ECRI employee, for various things including defamation, IIED, violations of trade secret law, and Lanham Act false advertising. The Glassdoor review was not “commercial advertising or promotion.” Schabacker v. 22-3778 (E.D.

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Advertising Advertising False Advertising Law 59

IP Law 360

DECEMBER 20, 2024

North Carolina saw a host of heavy-hitting civil trials in 2024, from back-to-back multimillion-dollar jury verdicts in suits over false advertising and employment discrimination, to a substantial bench ruling in a much-watched bias suit against the federal judiciary.

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IP Law 360

DECEMBER 19, 2024

In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

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43(B)log

AUGUST 29, 2024

22-cv-540-jdp, 2024 WL 3936444 (W.D. 26, 2024) The parties compete in the hand-held gardening tool market. Fiskars advertises some of its products as having “up to 3x more cutting power.” Fiskars Finland OY AB v. Woodland Tools Inc., But Lexmark didn’t preclude this claim.

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False Advertising Advertising Advertising Designs 59

43(B)log

MAY 13, 2024

2024 WL 2091994, No. May 8, 2024) Being a multitrillion-dollar corporation means you can survive a “ridiculous” argument or two. False advertising claims “do not become claims about transboundary pollution and foreign affairs just because the alleged deception relates to the impact of fossil fuels on the climate.”

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False Advertising Advertising Advertising Law 59

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation.

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False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

AUGUST 29, 2024

2024 WL 3925408, No. 23, 2024) Ortho-Tain sued defendants (including a bunch of former employees); I’ll focus only on the Lanham Act claims alleging that they falsely took credit for favorable results achieved by Ortho-Tain’s orthodontic appliance products used to treat various conditions such as sleep disordered breathing.

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False Advertising Advertising Advertising Technology 59

JD Supra Law

MAY 2, 2024

We're thrilled to present a special Spring edition of Kattison Avenue, which delves into highlights and takeaways from the recent Katten-hosted Association of National Advertisers (ANA) 1-Day Conference in our New York office.

Editing 69

Editing Advertising Advertising Marketing 69

TorrentFreak

MAY 24, 2024

As publicly advertised, pirate site domains are nominated for placement on the IWL by rightsholder groups such as the MPA, BPI, IFPI, and the Publishers Association. Once police have carried out their own investigations, any domain subsequently added to the IWL finds itself blacklisted by most of the advertising industry.

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Advertising Advertising Publishing Music 121

The IPKat

OCTOBER 8, 2024

Sumi Agro ( UPC_CFI_201/2024 ) that distributing an infringing product outside the Contracting Member States (CMS) and advertising a product under the same name within the CMS can create a risk of patent infringement. Sumi Agro obtained several market authorisations for Kagura in 2023 and 2024.

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Advertising Advertising Patent Infringement Cease and Desist 62

43(B)log

OCTOBER 28, 2024

Int’l, 2024 WL 4553279, F.Supp.3d May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which I guess says something about a jury’s ability to distinguish claims. Kaijet Technol. 1:18-cv-05385-SDG (N.D. It was insufficient to provide: 1.

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False Advertising Advertising Advertising Designs 59

TorrentFreak

MARCH 28, 2024

Ukraine Pushes Ahead With Copyright Reforms After progress was reported in 2023 , Ukraine’s Ministry of Economy issued an order dated February 1, 2024, titled: “On Approval of the Procedure for Formation and Maintenance of the National List of Websites Raising Concerns Regarding the Observance of Intellectual Property Rights.”

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Intellectual Property Related Rights Copyright Advertising 133

TorrentFreak

JULY 18, 2024

Take for example a statement early February 2024, just a few weeks before new law came into effect that tightened the noose further still on the use of VPNs in Russia. These measures included a ban on advertising VPNs as a means to circumvent government blocking, which prevents access to other information currently blocked in Russia.

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Government Law Privacy Advertising 124

Technology & Marketing Law Blog

OCTOBER 6, 2024

2024 WL 3914512 (C.D. July 31, 2024) The trademark owner Alsa sells chrome paint. The court says “Because Walmart does not pay search engines to return organic search results or index webpages, it does not “use” the marks in connection with the sale or advertisement of goods.” Alsa Refinish LLC v. Walmart Inc.

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Advertising Advertising False Advertising Trademark 98

43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., W-22-CV-00776-ADA-DTG, No.

False Advertising 59

False Advertising Advertising Advertising Patent 59

43(B)log

FEBRUARY 26, 2024

Arm or Ally, LLC, 2024 WL 756474, No. 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. came in the midst of other advertising language, such as “Various colors available,” and “no RED TAPE. State of N.Y. It was not.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

The TTABlog

APRIL 1, 2024

TTAB Sustains eBay's Section 2(d) Opposition to AFREBAY & Design for Advertising and Payment Processing Services TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out? Welch 2024. [Yes] TTABlog Test: Are Nail Polish Strengtheners Related to Dietary Supplements? Goodyear, "Queer Trademarks."

Designs 59

Designs Design Registration Trademark 59

SpicyIP

SEPTEMBER 16, 2024

Soon after Yogesh’s blog recent post ( here ) highlighting the change in the Head of the IT office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) in light of a 27 August 2024 notification ( pdf ), it made sense to look at the broader issues that have been facing the CGPDTM. 8398/2024). 8398/2024).

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Advertising Advertising Reporting Designs 111

JD Supra Law

DECEMBER 3, 2024

By: Haug Partners LLP

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Advertising Advertising Trademark 74

IP and Legal Filings

NOVEMBER 11, 2024

2024 for further understanding of the concept of well-known trademarks. 2024 CITATION OF THE CASE MANU/DE/2398/2024 NAME OF THE COURT HON’BLE HIGH COURT OF DELHI PLAINTIFF IN THE CASE HALDIRAM INDIA PVT. 3500 crores were the advertisement expenses and Rs. Let us look into the said case i.e. Haldiram India Pvt.

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Trademark Branding Brands Branding 75

JD Supra Law

AUGUST 2, 2024

On July 12, 2024, the U.S. NeoGenomics”) from making, using, selling, advertising, or distributing its cancer assay test. v. (“NeoGenomics”) from making, using, selling, advertising, or distributing its cancer assay test. 2024-1324, at *2 (Fed. July 12, 2024). Natera, Inc. Natera, Inc. NeoGenomics Lab’ys, Inc.,

Advertising 74

Advertising Advertising 74

SpicyIP

AUGUST 2, 2024

Alongside winning medals for India in the 2024 Olympics, shooter Manu Bhaker is also in the news for legal notices sent on her behalf against ‘unauthorized’ congratulatory posts by different companies. Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?

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Branding Brands Branding Personality Rights 105

Technology & Marketing Law Blog

SEPTEMBER 16, 2024

“Reaud describes, at best, passive conduct on the part of Facebook by posting third-party advertisements, not conduct directed primarily at Reaud.” 2024 WL 4126066 (N.D. 9, 2024) The post Facebook Defeats Lawsuit Over Allegedly Pornographic Ads–Reaud v. Case Citation : Reaud v. Facebook Inc.

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Advertising Advertising Marketing Marketing 98

JD Supra Law

MARCH 25, 2024

Every month, Erise’s trademark attorneys review the latest developments at the U.S.

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False Advertising Trademark Advertising Advertising 72

43(B)log

JULY 8, 2024

3d -, 2024 WL 402925, No. 2, 2024) Noriega alleged that Abbott’s PediaSure falsely advertised that it was “[c]linically proven to help kids grow.” Abbott Laboratories, F.Supp.3d 4014 (PAE) (S.D.N.Y.

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False Advertising Advertising Advertising Publishing 49

43(B)log

OCTOBER 18, 2024

GSP Golf AB, 2024 WL 4276497, No. 24, 2024) Trackman makes the golf simulator game Perfect Golf, which offers users the ability to virtually play some of the most famous golf courses in the world. Although the court dismissed a contract claim, copyright and false advertising claims survived. Trackman, Inc. 598 (NRB) (S.D.N.Y.

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False Advertising Contracts Advertising Advertising 52

The IPKat

NOVEMBER 11, 2022

Bobo Vieri during his Juventus tenure Can the unauthorized production (minting), advertising, and offer for sale of a non-fungible token (NFT) infringe one’s own trade mark rights? While Vieri had authorized the use of his image (until 2024), Juventus had not granted any authorization. decision on 20 July 2022, case No 32072/2022 ).

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JD Supra Law

OCTOBER 21, 2024

On October 3, 2024, in Crocs, Inc. Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion ruling that a brand’s false claim of patent ownership in a product advertisement may give rise to a deceptive advertising claim under the Lanham Act. Effervescent, Inc., By: Sullivan & Worcester

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Advertising Advertising Ownership Patent 70

TorrentFreak

OCTOBER 31, 2024

“Between January 2023 and February 2024, the men transcribed detailed information about the entire story, including the names of characters, lines, actions, scenes, and scene developments depicted in the film Godzilla 1.0 ,” CODA reveals. . ” From: TF , for the latest news on copyright battles, piracy and more.

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Fair Use Social Media Copyright Copyright Infringement 133