Olartemoure Blog

JUNE 28, 2024

0330 of 2024. Some argue that this precedent is excessive, as notorious marks are unlikely to lose their status in 5 years, given that notoriety is built up over decades of market presence, advertising investment and consumer loyalty.

Trademark 52

Trademark Intellectual Property Advertising Advertising 52

The TTABlog

APRIL 22, 2024

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). Hostess Brands, LLC v. 91272724 (April 18, 2024) [not precedential] (Opinion by Judge Cheryl S.

Branding 43

Branding Brands Branding Social Media 43

43(B)log

JUNE 10, 2024

3d -, 2024 WL 2843092, No. 5, 2024) Abbott Laboratories’s Glucerna line of powders and shakes are marketed as scientifically designed for people with diabetes to help manage blood sugar. The challenged language includes “to help manage blood sugar,” “#1 doctor recommended brand,” and “scientifically designed for people with diabetes.”

Designs 57

Designs Design Branding Brands 57

The IPKat

MAY 26, 2024

GikII, an annual conference on law, technology and pop culture, has launched the call for papers for its 2024 edition. This year, the conference will be held on 4 and 5 September 2024 at University College London. The history of The Smiley is an example of the work by brand licensors to protect their heritage.

Advertising 60

Advertising Advertising Technology Editing 60

43(B)log

MARCH 8, 2024

Dr. Dennis Gross Skincare, LLC, 2024 WL 965621, No. 5, 2024) Similar California litigation at a later stage. Kandel alleged that Gross Skincare deceptively labeled and advertised its skincare products as containing collagen when, in fact, they do not. The products at issue are uniformly branded with the phrase “C + Collagen.”

Branding 57

Branding Brands Branding Advertising 57

43(B)log

JULY 15, 2024

StockX LLC, 2024 WL 3361411, No. Nike claims that, despite those efforts, StockX sold a number of Nike-branded shoes that were counterfeits. As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” Nike, Inc. 22-CV-0983 (VEC) (S.D.N.Y.

False Advertising 67

False Advertising Branding Brands Branding 67

BYU Copyright Blog

JUNE 3, 2024

Logo,Pictorial Works,Work for Hire,University June 03, 11:35 AM June 03, 11:35 AM On May 15, 2024, Sophia Boyages (Plaintiff or Ms. Boyages states that she was an employee of the Athletic Department at the University of Vermont when she was invited to be part of a new brand working group in January 2023. Copyright Copycat?

Copyright 52

Copyright Art Social Media Designs 52

43(B)log

MARCH 29, 2024

2024 WL 1282368, No. 25, 2024) Gerber Good Start Gentle formula isn’t like most other infant formulas, which are made with “intact” cow’s milk protein. 2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) Hasemann v. Gerber Prods. and] an allergy risk reduction benefit.”

False Advertising 103

False Advertising Advertising Advertising Reporting 103

LexBlog IP

FEBRUARY 7, 2024

It includes many rules, several of them directed at the language of business in Quebec, and some regarding the use of French on both product packaging and signage/advertising. This provides some breathing room for brand owners, but they should nonetheless start preparing well ahead of the June 1, 2025 deadline.

Registering Trademarks 52

Registering Trademarks Advertising Advertising Social Media 52

43(B)log

JUNE 27, 2024

21 st Century Spirits, LLC, 2024 WL 3161625, No. 25, 2024) 21 st Century sells Blue Ice Vodka and uses influencers to promote it. is not an endorsement or advertisement within the meaning of Section 255.5 [of Anyway, the FTC considers “testimonials” interchangeable with endorsements, meaning “any advertising message.

Advertising 62

Advertising Advertising Social Media Law 62

TorrentFreak

JULY 9, 2024

Buyers simply need to follow a few basic instructions (those below come from a reseller’s advertising) and their device is instantly activated with almost all content imaginable. However, there’s no requirement with these broadly similar set-top boxes to take out a separate IPTV subscription that needs to be renewed each month.

Television 92

Television Social Media Advertising Advertising 92

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. The Board found the amount spent on advertising and marketing (designated "confidential") was "particularly impressive." Welch 2024. Are the goods sufficiently related? How do you think this came out? Nemiroff Intellectual Property Establishment v.

Registration 43

Registration Advertising Advertising Marketing 43

43(B)log

MAY 7, 2024

3d -, CV 22-7841 (GRB)(AYS), 2024 WL 1936053 (E.D.N.Y. May 2, 2024) Lots of ice cream jokes/quotes in here, but the basic question is: “should consumers ordering pistachio ice cream at one of [Cold Stone Creamery’s] establishments expect that that product will contain actual pistachios?” Kahala Franchising, L.L.C.,

False Advertising 57

False Advertising Advertising Advertising Branding 57

TorrentFreak

APRIL 29, 2024

The decision to sell packages branded as Beast TV, a service that was taken down three years earlier by several Hollywood studios, Netflix, and Canada’s Bell Media, may have been a ploy to exploit existing brand awareness among pirates. In a judgment handed down April 26, 2024, District Judge Mark T.

Cease and Desist 79

Cease and Desist Settlement Television Branding 79

SpicyIP

JULY 8, 2024

10 Days to the 2024 Shamnad Basheer Essay Competition Deadline! Another reminder for our eligible readers as only 10 days remain for the deadline of the 2024 Shamnad Basheer Essay Competition! We have already received some fascinating entries and cannot wait to read more! Microsoft Technology Licensing LLC v.

Invention 59

Invention Art Trademark Patent Application 59

IP Tech Blog

FEBRUARY 13, 2023

At the end of January, the CMA announced that it is investigating FMCG for the use of green claims in labelling, advertising and marketing material. In particular, the CMA is concerned with “ broad eco-statements “, misleading claims about the recyclability of a product and brands labelling themselves as “ sustainable.”

Business 57

Business Advertising Advertising Blogging 57

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

The TTABlog

JULY 18, 2024

91253078 (July 15, 2024) [not precedential] (Opinion by Judge Martha B. The evidence also directly showed substantial revenues and advertising expenditures in the U.S. Opposer’s somewhat dated marketing reports and survey evidence demonstrated that INSTAGRAM has been shown to be a strong brand. Welch 2024. Instasize, Inc.,

Editing 64

Editing Registration Advertising Advertising 64

43(B)log

APRIL 29, 2024

20-6057 & 20-6100, 2024 WL 1724995 (10 th Cir. 23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. Use in commerce” covers “the sale, offering for sale, distributing, or advertising of any goods or services.

Advertising 57

Advertising Advertising Trademark Branding 57

43(B)log

MARCH 29, 2024

2024 WL 1251284, No. 22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. Schotte alleged a “substantial price premium” of at least 25% more for the Wipes as compared to non-flushable wipes from the same brands. Stop & Shop Supermarket Co.,

Law 57

Law Advertising Advertising Branding 57

LexBlog IP

FEBRUARY 13, 2023

At the end of January, the CMA announced that it is investigating FMCG for the use of green claims in labelling, advertising and marketing material. In particular, the CMA is concerned with “ broad eco-statements “, misleading claims about the recyclability of a product and brands labelling themselves as “ sustainable.”

Business 52

Business Advertising Advertising Blogging 52

The TTABlog

MARCH 15, 2024

92075021 (March 8, 2024) [not precedential] (Opinion by Judge Martha B. VEUVE CLICQUOT brand champagne is sold everywhere in the United States, through both online and in more than 50,000 brick-and-mortar stores. Welch 2024. The Board found the goods to be, in part, legally identical, since champagne is a type of sparkling wine.

Advertising 46

Advertising Advertising Branding Brands 46

Patently-O

JUNE 25, 2024

June 25, 2024). The basic setup involves a drug that has several different approved uses; with the branded manufacturer holding patents covering only some of the uses. Although the generic typically makes a profit on these sales, it those profits pale in comparison to the profits lost by the branded company. 2023-1169 (Fed.

Marketing 87

Marketing Marketing Patent Branding 87

TorrentFreak

FEBRUARY 16, 2024

Trading Off Kocowa’s Goodwill (and its content) Kokoa TV’s choice of branding was called out for its similarity to the plaintiffs’ service Kocowa, for which they hold a trademark. Liburdi handed down his order on February 6, 2024. filed its complaint. Judge Michael T.

Copyright 113

Copyright Trademark Copyright Infringement Registration 113

Patently-O

MAY 5, 2024

Although the two brands are at-times sold in the same online store (Amazon.com and Walmart.com) this type of overlap was not sufficient for the TTAB. Regarding fame, iFIT argues its extensive evidence of sales, advertising, market share, and media attention conclusively establishes the fame of the IFIT mark. Bensalem , 92 F.4th

Branding 62

Branding Brands Branding Marketing 62

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Why Mickey Mouse is still protected The copyright on Steamboat Willie is set to expire in January 2024. So, will other content creators, brands, and consumers be able to use Mickey Mouse in their own works? So, why aren’t Disney concerned?

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

IPilogue

JANUARY 21, 2022

billion USD by 2024. Game publishers can decide what teams/players may compete, who may host tournaments, and how tournaments are advertised and broadcasted. There is no question that the virtual gaming and e-sports industry has seen exponential growth in the last decade or so.

Publishing 110

Publishing Intellectual Property IP Licensing 110

43(B)log

JUNE 3, 2024

2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. Bustamante v. KIND, LLC, 100 F.4th 4th 419 (2d Cir.

False Advertising 62

False Advertising Branding Brands Branding 62

43(B)log

APRIL 5, 2024

2024 WL 1356220, No. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. No other elderberry brand can make the same claim”; “Developed by a world renowned virologist, Sambucol® has been trusted by millions worldwide. PharmaCare U.S., 21cv137-JES (AHG) (S.D. versus 24.2%, or 27.7%

Branding 57

Branding Brands Branding Advertising 57

43(B)log

JANUARY 5, 2024

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. Defendants market only their K12 brand nationally. Florida Virtual School v. statements as evidence of confusion.

Branding 57

Branding Brands Branding Marketing 57

Technology & Marketing Law Blog

MARCH 5, 2024

Much like Redbubble, Pixels also has a hand in advertising infringing work, allowing users to search for DeYoung artwork and providing a link to view “all Derek DeYoung products,” despite the fact that many of those products originated from unlicensed third parties. Pixels.com, LLC , 2024 WL 885356 (W.D.

Artwork 98

Artwork Trademark Publishing Marketing 98

43(B)log

FEBRUARY 22, 2024

20, 2024) According to the complaint, San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, Italy.” Old label showing "San Marzano" on top of elongated, pointed tomatoes But now it sells a variety of Roma tomato products under the “San Merican Tomato” or “SMT” brand. Valiente v. Simpson Imports, Ltd.,

Designs 67

Designs Design Branding Brands 67

TorrentFreak

MARCH 11, 2024

Concerns Over Comments in Brazil In its submission to the USTR’s 2024 Special 301 Review, the International Intellectual Property Alliance (IIPA), which counts the MPA among its members, raised concerns over the situation in Brazil. There was never any real mystery about what it hoped to achieve.

Cinema 82

Cinema Reporting Copyright Government 82

Technology & Marketing Law Blog

JANUARY 30, 2024

Printify doesn’t process consumer purchases for its merchants (except in its “Pop-Up Shops” offering) and doesn’t display its brand on any manufactured items. Sunfrog decision: there is no evidence in this record that Printify engages in any advertising or trains or encourages anyone to use infringing designs.

Publishing 77

Publishing Trademark Designs Design 77

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. Other defendants manufactured and sold the Cube with their unique branding through Kitchen Cube’s affiliate program. False advertising: Only ok against Kitchen Cube.

False Advertising 57

False Advertising Advertising Advertising Copyright Infringement 57

Kluwer Copyright Blog

OCTOBER 30, 2023

These are currently expected to be heard by September / October of 2024. Lidl is described in the judgment as a “discounter” supermarket: it focuses on own-branded products and a “more curated selection of goods thus enabling greater control over price” (Paragraph [51]). The precise details of what is being appealed is not yet known.

Copyright 58

Copyright Copying Branding Brands 58

LexBlog IP

AUGUST 12, 2021

31, 2024, plastic bottles sold in California must contain no less than 15% PCR. Activists have been taking the fight to the courtroom as well, with several environmental groups initiating class action lawsuits against brands for their environmental claims. 1, 2022, to Dec. 1, 2025, to Dec.

Marketing 52

Marketing Marketing Business Advertising 52