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 59

Designs Design Branding Brands 59

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

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 98

Advertising Advertising Designs Design 98

Technology & Marketing Law Blog

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. It’s not hard to imagine how a negligent design claim could have been structured here.

Contracts 77

Contracts Designs Design False Advertising 77

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. Yet, based on the sheer scale of piracy, none have experienced anything close to that taking place in the manga market.

Reporting 113

Reporting Advertising Advertising Copying 113

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91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. Turning to the second DuPont factor, the similarity of the goods, opposer argued that the involved goods are related because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

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! The parties compete in the shoe market. Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D. Trade libel claims survived for the same reason.

False Advertising 59

False Advertising Advertising Advertising Branding 59

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 104

Law Social Media Advertising Advertising 104

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. Cite to Ohio State v.

Artwork 99

Artwork Trademark Publishing Marketing 99

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. The mark consists of a three-dimensional configuration of the interior of a hex shaped box with a honeycomb configuration of seven interior hexagonal indentations on the bottom of the box and the design of a six point star, having flat points, on the top of the box.

Designs 56

Designs Design Social Media Registration 56

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. Sunfrog LLC , 2024 WL 940238 (E.D.

Copyright 102

Copyright Trademark Law Publishing Copyright Infringement 102

LexBlog IP

JANUARY 31, 2024

This is because protection of trademarks, which are words, phrases, symbols, and designs that identify the source of goods or services, is separate from protection of copyrights and does not necessarily expire so long as the work is continuously and regularly used as a trademark.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

Technology & Marketing Law Blog

FEBRUARY 18, 2024

.” The court explains: as in Twitter, the Alibaba Defendants’ acts — such as promotional emails advertising Merchant Defendants’ products — are primarily if not wholly algorithmically-generated. 19885566 Store, 2024 WL 532290 (S.D.N.Y. 9, 2024) Prior Blog Posts on the SAD Scheme N.D. You know what we need to do.

Blogging 89

Blogging Advertising Advertising Trademark 89

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

43(B)log

JULY 15, 2024

StockX LLC, 2024 WL 3361411, No. As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” Nike’s complaints about the stimuli were also nitpicking; stimuli must merely roughly simulate market conditions. Nike, Inc. 22-CV-0983 (VEC) (S.D.N.Y.

False Advertising 69

False Advertising Branding Brands Branding 69

43(B)log

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. On deceptiveness, Pabst argued that Peacock didn’t designate any expert witnesses or other evidence to show how consumers interpreted the label, while Pabst offered an expert opining on a consumer survey.

Social Media 59

Social Media Marketing Marketing Designs 59

Technology & Marketing Law Blog

JANUARY 30, 2024

” In support of Printify’s position, the court summarizes: Printify does not design the products, does not manufacture or print the products, and does not ship the products. 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

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark 59

Trademark Registration Copyright Patent 59

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. Even if the new definition applied, the court questions if GMB was the one to “advertise and offer” the boat, as opposed to Chaves: it is Chaves who places the advertisement on GMB’s website.

Contracts 75

Contracts Advertising Advertising Privacy 75

The IPKat

AUGUST 7, 2024

It enables the Respondent to make contact with potential customers and thus establish its own market presence. It is obvious that the exhibition of the contested embodiment at this trade fair can lead to a loss of sales or market share for the Applicant that can hardly be reversed. The penalty for this was set at 1,000.00

Cease and Desist 85

Cease and Desist Art Patent Advertising 85

Technology & Marketing Law Blog

FEBRUARY 12, 2024

The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” ” Market Effect. Further, “if IJR’s challenged use becomes uninterrupted and widespread,” it hurts Philpot’s potential market of licensing to media outlets.

Fair Use 90

Fair Use Licensing Copyright Marketing 90

43(B)log

MARCH 25, 2024

2024 WL 1208111, F.4th 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” R J Reynolds Tobacco Co.

Advertising 64

Advertising Advertising Social Media Government 64

IP and Legal Filings

SEPTEMBER 2, 2021

Trademarks, industrial designs, and domain names are examples of IPs interrelated to multiple aspects of the Olympic games. This implies that the Treaty prevents the usage of the Olympic symbol on any goods, advertisements or websites that are unaccredited by the IOC. This Olympic torch was protected as an industrial design.

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 52

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.” San Marzano tomatoes “bear a special designation: D.O.P. Denominazione d’Origine Protetta, ‘Protected Designation of Origin’).” designation. designation.

Designs 69

Designs Design Branding Brands 69

TorrentFreak

MARCH 4, 2024

The site is designed to be user-friendly while remaining resilient to enforcement measures. By making textbooks available to students for free, rightsholders are losing revenue, which leads to lower payments for authors and devalues the market as a whole, the publishers complain. $30

Publishing 93

Publishing Social Media Copyright Infringement Copyright 93

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 87

Litigation Contracts Advertising Advertising 87

The IPKat

JANUARY 1, 2024

Their external appearance can be protected by copyright, design, trade mark or unfair competition law, though there are limits. The US copyright for Winnie the Pooh expired in 2021 and it will expire for the original (‘Steamboat Willie’) Mickey Mouse in 2024. here ), car advertisements ( here ) and Hollywood films.

Art 70

Art Music Journalism Marketing 70

Garrigues Blog

OCTOBER 11, 2022

This is why a GI usually includes the designation of the place of origin. The new regulation that Brussels wants to have in place in 2024, will replace existing national geographical indications schemes. The proposal seeks to help producers market their creations, which can be advertised using the same logo on the product labeling.

Registration 52

Registration Marketing Marketing Designs 52

43(B)log

APRIL 5, 2024

2024 WL 1356220, No. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. Second, the products were labeled and marketed in a way that claims that they mitigate or prevent disease. PharmaCare U.S., 21cv137-JES (AHG) (S.D.

Branding 59

Branding Brands Branding Advertising 59

LexBlog IP

AUGUST 12, 2021

California and Washington state recently enacted legislation establishing a tiered system designed to increase the amount of postconsumer recycled plastic (PCR) content required for sale. 31, 2024, plastic bottles sold in California must contain no less than 15% PCR. 1, 2022, to Dec.

Marketing 52

Marketing Marketing Business Advertising 52

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. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. False advertising: Only ok against Kitchen Cube.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

Technology & Marketing Law Blog

JUNE 14, 2024

“there is only a tenuous connection between, on the one hand, Defendants’ design, operation, and promotion of the platforms and, on the other, a minor user’s decision to destroy or deface school property. ” Imagine a reframing: “can for-profit businesses encourage greater customer loyalty using product marketing?

Social Media 72

Social Media Publishing Designs Design 72

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. WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” World Champ Tech LLC v.

Marketing 59

Marketing Marketing Trademark Branding 59

Kluwer Copyright Blog

OCTOBER 30, 2023

These are currently expected to be heard by September / October of 2024. The judge accepted Lidl’s evidence of a campaign by Lidl designed to show consumers that Tesco’s Clubcard prices were not in fact price-matched to those of Lidl. In September 2023, the Court of Appeal allowed appeals, apparently from both parties.

Copyright 57

Copyright Copying Branding Brands 57

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 60

Designs Design Advertising Advertising 60

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 106

Art Designs Design Advertising 106

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