The IPKat

OCTOBER 8, 2024

In a case involving a patent for herbicide compositions, the UPC Munich Local Division was asked to consider whether the alleged infringer's marketing of a product within the Contracting Member States under the same brand name as a clearly infringing product sold outside the Member States created a risk of first (or imminent) infringement.

Advertising 62

Advertising Advertising Patent Infringement Cease and Desist 62

IP and Legal Filings

NOVEMBER 11, 2024

Introduction The brand ‘Haldiram’ has been synonymous with various savouries in India for many years, especially their legendary bhujia. A recent ruling by the Hon’ble Delhi High Court elevated the brand Haldiram as a well-known trademark. 2024 for further understanding of the concept of well-known trademarks.

Trademark 75

Trademark Branding Brands Branding 75

TorrentFreak

OCTOBER 25, 2022

The IWL is shared among brands, advertising companies, agencies and affiliates, who are informed that responsible companies boycott pirate sites because it a) protects their image and b) starves pirate sites of much-needed cash. Total number of brands and total number of advert intermediaries.

Intellectual Property 136

Intellectual Property Advertising Advertising Contracts 136

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 59

False Advertising Advertising Advertising Copyright Infringement 59

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.

False Advertising 59

False Advertising Advertising Advertising Design 59

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

JD Supra Law

NOVEMBER 1, 2024

In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches.

Trademark 69

Trademark Advertising Advertising Branding 69

TorrentFreak

JULY 25, 2024

The music industry earns billions of dollars through associated advertising but doesn’t like the fact that some people download the tracks for offline use. “This is a suddenly growing phenomenon: with an average of 10 million accesses from Italy per month, the illegal practice grew by 10% in the first quarter of 2024 alone.”

Music 118

Music Branding Brands Branding 118

JD Supra Law

SEPTEMBER 16, 2024

26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. Fiskars Finland OY AB and Fiskars Brands Inc. Fiskars Finland OY AB v. Woodland Tools, Inc., 22-cv-00540 (W.D. By: Irwin IP LLP

Design Patent 66

Design Patent Patent Infringement False Advertising Design 66

IP Intelligence

MAY 9, 2024

4, 2024, the Board upheld a refusal to register Post’s proposed mark on the ground that it fails to function as a trademark given that it is not inherently distinctive and has not acquired distinctiveness under Section 2(f) of the Trademark Act. [2] 4, 2024) (precedential). [2] 4, 2024) (precedential). [2] 88857834 (TTAB Jan.

Advertising 98

Advertising Advertising Trademark Registration 98

SpicyIP

JULY 1, 2024

Dabur alleged that these depictions were disparaging their trademarks, infringing their copyright, could mislead viewers and negatively impact their brand. Eventually, the parties agreed to settle the dispute and consequently, the Calcutta High Court, through its order dated June 18, 2024, disposed of the case and all related applications.

Advertising 105

Advertising Advertising Copyright Infringement Trademark 105

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.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

Technology & Marketing Law Blog

JUNE 20, 2024

The photo depicts two children (“Brave” is the one on the right) at the 1 Hotel in West Hollywood wearing the hotel’s branded robes. Other arguments fail because “there is value in Minor Plaintiffs’ image and likeness, which Defendants then used for the purpose of commercial advertising and sales. Implications.

Social Media 105

Social Media Copyright Licensing Advertising 105

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. Sites can give the impression of being mass-produced due to how quickly they disappear and reappear, while still managing to retain traffic despite new branding.

Reporting 139

Reporting Advertising Advertising Copying 139

Selvam & Selvam Blog

DECEMBER 6, 2024

In a recent dispute between Indias largest airline, IndiGo, and automobile manufacturer Mahindra Electric, ( Interglobe Aviation Vs Mahindra Electric Automobile Ltd, DHC – CS(COMM) 1073 / 2024) the issue surrounded the alpha numeral 6E. IndiGo has also secured registration for the word mark 6E Link under multiple classes in 2015.

Trademark 52

Trademark Intellectual Property Registration Branding 52

IP and Legal Filings

DECEMBER 16, 2024

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. In an aesthetic-driven industry, these marks are very important for differentiating one brand from another.

Branding 52

Branding Brands Branding Design 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 104

False Advertising Advertising Advertising Reporting 104

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 135

Copyright Trademark Copyright Infringement Registration 135

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 102

False Advertising Invention Advertising Advertising 102

43(B)log

MARCH 14, 2024

2024 WL 1051951No. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! We are fiercely protective of the Crocs brand and our iconic DNA. Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D.

False Advertising 59

False Advertising Advertising Advertising Branding 59

The IPKat

JULY 12, 2024

The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics by Spyridon Sipetas Summer 2024 has officially been proclaimed as ‘brat summer’. Charli’s 6th studio album ‘Brat’, released on June 7th 2024, was promoted following a simple - yet, apparently, effective - approach: heavy use of a ‘radioactive’ shade of green, f.k.a.

Social Media 70

Social Media IP Branding Brands 70

43(B)log

AUGUST 27, 2024

2024 WL 3687956, No. 7, 2024) PNC is “a large, diversified financial institution offering retail and wholesale banking services,” while Plaid connects cash payment and investment account applications like Venmo, Robinhood, and Coinbase with a user’s banks. PNC Financial Services Gp. 2:20-cv-1977 (W.D. I attempt to reconnect.

Advertising 52

Advertising Advertising False Advertising Design 52

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Sun Pharma Laboratories Ltd. vs Dabur India Ltd. &

Invention 105

Invention Music Art Patent Application 105

SpicyIP

AUGUST 4, 2024

Highlights of the Week Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024 Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024 Read on below for the comments on the draft Rules by Rishabh Deshpande, Praharsh Gour, and Swaraj Barooah.

Social Media 105

Social Media Trademark Licensing Music 105

43(B)log

SEPTEMBER 20, 2024

2:23-cv-1541, 2024 WL 4217446 (S.D. 18, 2024) Scotts makes consumer lawn, garden, pesticide, and insecticide products, including under the “ORTHO” brand. Scotts alleged that the products do not provide the advertised protection for up to 12 months or 365 days; that was sufficient to allege falsity. Scotts Company LLC v.

False Advertising 52

False Advertising Copyright Advertising Advertising 52

43(B)log

DECEMBER 11, 2024

15, 2024) The Lizzie Borden House bears a storied history that originates with the still-unsolved murders in 1892 of Lizzie Bordens father and stepmother. A second sign advertises Miss Lizzies as The Most Haunted Coffee Shop in the World! US Ghost Adventures, LLC v. Miss Lizzies Coffee LLC, No. 23-2000 (1 st Cir.

Registration 94

Registration Business Trademark Marketing 94

SpicyIP

OCTOBER 23, 2024

Disparagement Debate in the DHC’s “Complan” Case Order By Manya Gupta On 26 th September 2024, the Delhi High Court granted an interim injunction to Zydus (“Plaintiff”) for protection of its trademark “Complan”, used in respect of a popular nutritional milk drink primarily targeted at kids. Assessing the Free Speech v.

Social Media 105

Social Media Advertising Advertising Trademark 105

SpicyIP

NOVEMBER 18, 2024

Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements. Deepali Vashist and Praharsh write on this order, explaining how the Court left the question about the organizer unaddressed. Case Summaries M/S.

Trademark 105

Trademark Cease and Desist Music Copyright 105

43(B)log

SEPTEMBER 13, 2024

3:19-cv-1434 (JAM), 2024 WL 4117244 (D. 9, 2024) The parties compete in the sale of “chemical bonding products marketed for home and automotive use.” J-B has used unqualified “Made in USA” claims in its advertising. This wasn’t comparative advertising (or a two-player market). Illinois Tool Works Inc. J-B Weld Co.,

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

SEPTEMBER 20, 2024

Bayer Healthcare LLC, 2024 WL 4204921, No. 16, 2024) Plaintiffs alleged that Bayer falsely advertised One A Day Natural Fruit Bites Multivitamin products as “natural” even though they “contain non-natural, synthetic ingredients.” 22-cv-1085-MMA (JLB) (C.D. They brought claims under NY and California law.

False Advertising 52

False Advertising Advertising Advertising Branding 52

43(B)log

MARCH 6, 2024

2024 WL 898941, No. 1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. NYU Langone Health Sys. Northwell Health, Inc., 23-CV-5032 (VEC) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

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 59

Branding Brands Branding Advertising 59

43(B)log

OCTOBER 16, 2024

C 20-07414 WHA, 2024 WL 4351861 (N.D. 30, 2024) I don’t usually blog default judgments, but this one was interesting. Amazon and plaintiffs proposed adding identifiers for three specific models of Rofeer-branded breathalyzers, not just one model. This is a false advertising case, not a counterfeiting case.

False Advertising 59

False Advertising Marketing Marketing Advertising 59

The IPKat

AUGUST 19, 2024

Cubatabaco sued Davidoff, a Swiss brand of cigars, for infringement of its GI rights through sales of cigars produced in Dominican Republic, Ecuador and elsewhere in Latin America. The relevant public will easily make a mental connection between the advertised products and the positive image, enjoyed by Cuban cigars.

Art 109

Art Design Designs Advertising 109

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 62

Advertising Advertising Technology Editing 62

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

IP and Legal Filings

DECEMBER 20, 2024

Introduction Well, the online space is indeed centuries apart from any business process for creating a brand and speaking with its audience; now everything can even protect its intellectual property. This is where trademarks truly reflect as a brand identity and shape a very rapid recognition. It has also brought a lot of challenges.

Social Media 52

Social Media Trademark Branding Brands 52