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. Prescott v. Abbott Laboratories, F.Supp.3d 23-cv-04348-PCP (N.D.

Designs 57

Designs Design Branding Brands 57

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

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Turning to the second DuPont factor, the similarity of the goods, opposer argued that the involved goods are related because tobacco products and alcohol are "complementary" in that they are marketed together for "simultaneous consumption." Welch 2024.

Registration 43

Registration Advertising Advertising Marketing 43

TorrentFreak

JULY 9, 2024

At $350 per unit, pricing is certainly steep when compared to other similarly-powered devices available on the market. 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. Next Day Delivery?

Television 93

Television Social Media Advertising Advertising 93

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. products and to market them at U.S. Hetronic International, Inc. Hetronic Germany GmbH, F.4th 4th -, Nos.

Advertising 57

Advertising Advertising Trademark Branding 57

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

IP Tech Blog

FEBRUARY 13, 2023

In the first few months of 2023, the UK Regulator – the Competition and Markets Authority (“ CMA ”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“ FMCG ”). Advertisers are reminded to not mislead consumers by omitting material information.

Business 57

Business Advertising Advertising Blogging 57

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

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.

Editing 64

Editing Registration Advertising Advertising 64

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

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

LexBlog IP

FEBRUARY 13, 2023

In the first few months of 2023, the UK Regulator – the Competition and Markets Authority (“ CMA ”) – continues to be active in cracking down on misleading green claims, this time targeting the fast-moving consumer goods industry (“ FMCG ”). misleading advertising) and 11.1

Business 52

Business Advertising Advertising Blogging 52

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. The Stop & Shop Wipes, which vary in fragrance and style, are all marketed and sold with bold, prominent font labeling them as “flushable” on the front of the packaging.

Law 57

Law Advertising Advertising Branding 57

Patently-O

MAY 5, 2024

by Dennis Crouch In its initial decision, the TTAB dismissed iFIT’s opposition to ERB’s I-FIT FLEX registration — finding no likelihood of confusion because the goods were in separate markets. Specifically, iFIT contends that it actively markets its fitness training services and exercise equipment to cyclists.

Branding 62

Branding Brands Branding Marketing 62

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

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels.com, LLC , 2024 WL 885356 (W.D. Case Citation : Canvasfish.com, LLC v.

Artwork 98

Artwork Trademark Publishing Marketing 98

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. And they targeted school districts in their marketing. Defendants market only their K12 brand nationally.

Branding 57

Branding Brands Branding Marketing 57

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

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

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

LexBlog IP

AUGUST 12, 2021

31, 2024, plastic bottles sold in California must contain no less than 15% PCR. The Guides for the Use of Environmental Marketing Claims (Green Guides) are set to be reviewed and revamped in 2022. The Green Guides help marketers ensure their environmental claims are not unfair or deceptive. 1, 2022, to Dec. 1, 2025, to Dec.

Marketing 52

Marketing Marketing Business Advertising 52

43(B)log

FEBRUARY 21, 2024

2024 WL 665181, No. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. Peloton’s core brand is Peloton. Numerous leading brands, such as Apple (Apple TV+) and Disney (Disney+), had already adopted ‘+’ for their line expansions.” World Champ Tech LLC v.

Marketing 57

Marketing Marketing Trademark Branding 57

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

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 67

Social Media IP Branding Brands 67

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

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 57

False Advertising Advertising Advertising Reporting 57

43(B)log

JANUARY 19, 2024

2024 WL 195999, No. 18, 2024) The court, grappling with the Fifth Circuit’s rather inconsistent law on misdirected communications, denies a preliminary injunction (subject easily guessable by party names). It adopted the Rampart/Wurth branding in 2023. Rampart Resources, Inc. Rampart/Wurth Holding, Inc., 23-6895 (E.D.

Advertising 57

Advertising Advertising Branding Brands 57

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 115

Intellectual Property Advertising Advertising Contracts 115

43(B)log

APRIL 15, 2024

3d - , 2024 WL 1083462, No. 12, 2024) GMP is a nonprofit focused on sustainable butchery and meat production practices. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims. Good Meat Project v.

False Advertising 62

False Advertising Advertising Advertising Marketing 62

SpicyIP

MAY 15, 2024

The same could be said about Google’s Ads program wherein it seems to have successfully charted through the trademark laws to smoothly bypass them in allowing firms to bid for their competitor’s trademark as a keyword for their advertisement. In March 2024, the Hon’ble Supreme Court in MakeMyTrip India Private Limited v.

Trademark 59

Trademark Advertising Advertising Blogging 59

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. Their rights will be protected thanks to the metaverse brands’ trademarks. What is the Metaverse?

Trademark 87

Trademark Non-Fungible Tokens Branding Brands 87

SpicyIP

DECEMBER 12, 2023

The matter is listed before the court on 22 March 2024. But the facts pertaining to its market share indicate that the mark has achieved distinctiveness. states that “The brand names serve as information ‘chunks’. product, advertisement or store) before using what we have in our memory to interpret and identify that object.

Trademark 59

Trademark Branding Brands Branding 59

SpicyIP

JUNE 13, 2024

Mountain Valley Springs, the plaintiff, has been marketing its products under the trademark (TM) “Forest Essentials” since 2000, claiming extensive reputation and goodwill, especially for their Ayurvedic products, including a baby care segment launched in 2006. Case Overview: What were The Parties even Fighting for? Ultimately, J.

Branding 56

Branding Brands Branding Marketing 56

SpicyIP

DECEMBER 24, 2023

on December 20, 2023(Delhi High Court) Image from here The Plaintiff owned 5 Standard Essential Patents (SEPs) relating to wireless communication technology which the Defendants were allegedly using in their mobile phones being sold under the brand name of OnePlus without the license to do so. . & Ors. Pharmacyclics LLC & Anr.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. The rejection order is authored by Dr. Latika Dawara, Asst. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

Patently-O

DECEMBER 12, 2021

21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22]

Registration 69

Registration Government Advertising Advertising 69