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

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.

False Advertising 59

False Advertising Advertising Advertising Technology 59

The TTABlog

APRIL 17, 2024

April 15, 2024). Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." The Court observed that "[a] party seeking to establish secondary meaning in a product design bears a 'formidable burden of proof.'" TBL Licensing v. Vidal , Appeal No.

Designs 62

Designs Design Advertising Advertising 62

The TTABlog

FEBRUARY 8, 2024

The Board sustained eBay's opposition to registration of the mark shown first below, for advertising and payment processing services, finding confusion likely with the registered and well-known mark EBAY in standard character form and the stylized version shown second below, for legally identical services. Welch 2024. Afrebay, Inc.

Advertising 51

Advertising Advertising Designs Design 51

The TTABlog

APRIL 1, 2024

First DuPont Factor Brings TTAB Dismissal of Monster Energy's Opposition to LAIKABEAST & Design for Mugs and Plates TTABlog Test: Is TABLEAU for Wine Confusable with TABLEAU for Bar Services? Yes] TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design? Welch 2024.

Designs 57

Designs Design Registration Trademark 57

JD Supra Law

OCTOBER 17, 2024

The US Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment on a false advertising claim, concluding that a cause of action under Section 43(a) of the Lanham Act can arise when a party falsely claims to hold a patent on a product feature and advertises that feature in a misleading way. Crocs, Inc.

False Advertising 68

False Advertising Advertising Advertising Patent 68

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. The name Haldiram has become synonymous with the aforementioned logo designs. vs. Berachah Sales Corporation and Ors.,

Trademark 70

Trademark Branding Brands Branding 70

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.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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 has a stake in another company, Akoya, designed to compete with Plaid. “[W]hile

Advertising 52

Advertising Advertising False Advertising Designs 52

The TTABlog

JANUARY 17, 2024

92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. Nor did California put its advertising expenses "in context," i.e., in comparison with the expenditures of other banks.

Designs 67

Designs Design Registration Service Mark 67

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 rights in its red mark, black trade dress, black label, and yellow barrier design that were allegedly infringed by competitor SBM’s competing products.

False Advertising 52

False Advertising Copyright Advertising Advertising 52

43(B)log

JUNE 11, 2024

2024 WL 2883671, No. 6, 2024) This is the latest decision in long-running litigation over Malwarebytes’ characterization of Enigma’s competing cybersecurity and anti-malware software as “malicious,” a “threat,” and as a Potentially Unwanted Program (“PUP”). Were the statements in an advertisement? Enigma Software Gp.

Advertising 64

Advertising Advertising Design Designs 64

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).

Advertising 97

Advertising Advertising Reporting Designs 97

43(B)log

OCTOBER 18, 2024

3d -, 2024 WL 2834159, No. 4, 2024) Interesting contributory liability issue in its interaction with laches. The operative claims were false designation of origin/false advertising in violation of the Lanham Act and coordinate state-law claims. Hawaii Foodservice Alliance, LLC v. Meadow Gold Dairies Hawaii, LLC, F.Supp.3d

False Advertising 59

False Advertising Advertising Advertising Designs 59

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] Post then appealed the examiner’s refusal to the Board.

Advertising 98

Advertising Advertising Trademark Registration 98

The TTABlog

OCTOBER 3, 2024

Furthermore, the Office's Teflon survey suffered from at least four design flaws (discussed in detail by the court), that rendered it non-probative. [T]he Snap has not proven that consumers need to employ any imagination to instantaneously associate SPECTACLES with one of the most essential aspects of smart glasses—its eyewear design."

Advertising 62

Advertising Advertising Registration Design 62

43(B)log

APRIL 29, 2024

2024 WL 1772833, No. 23, 2024) Skipping the copyright and trade secrets part of the case. (In False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service. Tiktok Inc.,

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

The TTABlog

OCTOBER 23, 2024

Fiji Water opposed an application to register the mark FIJIAN SPICE COMPANY & Design , shown below, for spices [SPICE COMPANY disclaimed], alleging a likelihood of confusion with its registered mark FIJI for "“natural, spring and artesian water for drinking." 91280233 (October 18, 2024) [not precedential] (Opinion by Judge Martha B.

Advertising 67

Advertising Advertising Television Designs 67

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

Technology & Marketing Law Blog

JUNE 23, 2024

After remand, the case went back to the Ninth Circuit, which held that anti-threat classifications might be Lanham Act false advertising. Lanham Act Commercial Advertising or Promotion. The Lanham Act only applies to “commercial advertising or promotion.” The result is ugly. I really do hate this case.

Law 59

Law False Advertising Advertising Advertising 59

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. .

Government 110

Government Law Privacy Advertising 110

43(B)log

MARCH 6, 2024

2024 WL 939151, No. 5, 2024) Plaintiffs sued defendant (Craftsman) for deceptive business practice claims under both the New York General Business Law (NYGBL), and the Virginia Consumer Protection Act (VCPA), as well as asserting warranty and common law claims. Montgomery v. Stanley Black & Decker, Inc., 23-735-cv (2d Cir.

Advertising 59

Advertising Advertising Business Designs 59

Patently-O

MARCH 11, 2024

5, 2024) ChewyvIBM. 7,072,849 and 7,076,443, relating to improvements in web-based advertising. 101 as directed to the abstract idea of “identifying advertisements based on search results.” Claims 15-17 of the ‘443 patent recite a method for providing advertisements related to search result items.

Patent Application 75

Patent Application Advertising Advertising Patent 75

Technology & Marketing Law Blog

FEBRUARY 7, 2024

The designation on Mr. Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. 2024 WL 372218 (10th Cir.

Advertising 108

Advertising Advertising Design Designs 108

43(B)log

OCTOBER 18, 2024

3021, 2024 WL 4444819 (W.D. 8, 2024) Previous discussion of MDL. 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., Marketing, Sales Practices & Prods.

False Advertising 52

False Advertising Advertising Advertising Marketing 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.,

False Advertising 59

False Advertising Advertising Advertising Reporting 59

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.

Design 59

Design Designs Branding Brands 59

The IPKat

OCTOBER 31, 2024

The case might well be the first application of the recently adopted Regulation (EU) 2024/1143 on geographical indications for wine, spirit drinks and agricultural products. 26(1)(b) Regulation (EU) 2024/1143); the packaging of “Mini Rostbratwürstchen” is misleading as to the product’s provenance (Art. 13(1)(b), now Art. 26(1)(d)).

Art 64

Art Advertising Advertising Litigation 64

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 presenting the art design to the working group, the University started using the logo in its products and advertised it as one of its brands. Complaint pg. According to Ms. Even if Ms.

Copyright 52

Copyright Art Social Media Design 52

The IPKat

AUGUST 19, 2024

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.

Art 107

Art Design Designs Advertising 107

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." 90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C.

Design Patent 70

Design Patent Design Designs Trademark 70

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 81

Trademark Cease and Desist Music Copyright 81

SpicyIP

JULY 22, 2024

Controller of Patents and Designs: Madras High Court quashes unreasoned order of Patent Office Recently, the MHC came down heavily on the Indian Patent Office in Ulm University v. This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Other Posts Ulm University v.

Registering Trademarks 78

Registering Trademarks Licensing Trademark Advertising 78

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 99

Invention Music Art Patent Application 99

SpicyIP

AUGUST 8, 2024

However, to further assert their claim over the trademark “SURYA”, the plaintiffs attached “evidence” from newspaper advertisements to supplement their case. To further their assertion, they submitted the copies of the newspapers, where the plaintiff claimed to have had their advertisements.

Trademark 97

Trademark Marketing Marketing Advertising 97

Technology & Marketing Law Blog

JUNE 4, 2024

It’s not hard to imagine how a negligent design claim could have been structured here. First, the plaintiff could have argued that YouTube’s design encourages the production and viewing of illegal animal abuse videos. Google LLC , 2024 WL 2809371 (Cal. Case citation : Freethinker v.

Contracts 90

Contracts Designs Design Publishing 90

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. Candidates with expertise in law and digital technologies are welcome to apply until May 29.

Advertising 60

Advertising Advertising Technology Editing 60