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. trademark.” Hetronic International, Inc. Hetronic Germany GmbH, F.4th

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43(B)log

MARCH 14, 2024

3d -, 2024 WL 1025265, No. 1, 2024) With the ordinary multifactor confusion test, courts position themselves as looking for empirics (even though the thrust of several of the factors is normative). Earth, Wind & Fire IP, LLC v. Substantial Music Group LLC, F.Supp.3d 23-20884-CIV-MORENO (S.D.

Advertising 69

Advertising Advertising Music Fair Use 69

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. That’s a weird posture.

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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.

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SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

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Trademark Registration Copyright Patent 59

The TTABlog

JANUARY 30, 2024

On appeal, Applicant MetaBev argued that "something more" is required than merely showing that the goods are alcoholic beverages, and that the involved goods are marketed to different consumers in different areas of the stores in which they are sold. 90897101 (January 22, 2024) [Not precedential] (Opinion by Judge Melanye K.

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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. Then, in Liapes v. Musk has bridged that gap. unless you are a Nazi or wannabe.

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Law Social Media Advertising Advertising 104

The TTABlog

JANUARY 31, 2024

97219378 (January 29, 2024) [Not precedential] (Opinion by Judge Angela Lykos). The Board concluded that "no mental leap or multi-stage reasoning is required to understand that Applicant intends to market high-end cruise services." Welch 2024. How do you think this came out? In re Seven Seas Cruises S. Text Copyright John L.

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Technology & Marketing Law Blog

JANUARY 30, 2024

” Direct Trademark Infringement. Notably, even though the evidence of Redbubble having “used” Atari’s trademark was stronger in Atari Interactive, Inc. Sunfrog decision: there is no evidence in this record that Printify engages in any advertising or trains or encourages anyone to use infringing designs. Redbubble, Inc.

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The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. There was no evidence as to how products are developed or marketed in the dice box field, or what features are desirable, or why Three Frog's design is superior. It has advertised at gaming conventions and via social media, Google Ads, and social influencers.

Designs 57

Designs Design Social Media Registration 57

The IPKat

MARCH 7, 2024

The Case of Upcycling”, Irene Calboli and Siroos Tanner address the IP dimension of upcycling and explore ways to prevent this environmentally friendly practice from being hindered by claims of potential trademark and copyright infringement. The analysis concludes with a review of recent US cases.

Intellectual Property 56

Intellectual Property False Advertising Editing Settlement 56

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.

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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. Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable.

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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. In the past, several instances of ambush marketing were reported.

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The TTABlog

JANUARY 17, 2024

92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. Nor did California put its advertising expenses "in context," i.e., in comparison with the expenditures of other banks. Welch 2024. It all boiled down to the first DuPont factor. How do you think this came out? Banc of California, National Association v.

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Designs Design Registration Service Mark 67

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. It sued Peloton for trademark infringement and other claims after the defendant launched a new line of interactive stationary bicycles under the name “Peloton Bike+.” World Champ Tech LLC v.

Marketing 59

Marketing Marketing Trademark Branding 59

SpicyIP

NOVEMBER 26, 2023

Glaxo Group Limited vs Naresh Kumar Goyal, Trading on 22 November, 2023 (Delhi High Court) In this case a rectification petition was filed simultaneously with the suit alleging trademark infringement and the defendant took a defence of registration of the impugned mark in the written submission. Controller of Patents.

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Garrigues Blog

OCTOBER 11, 2022

In the Member States, non-agricultural products are protected by legislation on unfair competition or misleading conduct, and also by trademark legislation which provides some protection through collective and guarantee marks. How will EU protection be made compatible with specific national GI protection?

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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.

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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. GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. This actually should have ended the inquiry: no mark, no trademark infringement.

False Advertising 64

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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. This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. What is the Metaverse?

Trademark 81

Trademark Non-Fungible Tokens Branding Brands 81

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." That same principle applies to trademark registration. The district court had also found the configuration to be de jure functional. TBL Licensing v. Vidal , Appeal No.

Designs 62

Designs Design Advertising Advertising 62

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.

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False Advertising Advertising Advertising Reporting 59

Kluwer Copyright Blog

OCTOBER 30, 2023

These are currently expected to be heard by September / October of 2024. She noted the specific steps Lidl had been “forced to take” in response to Tesco’s extensive use of the CCP Signs to prevent any consequential dilution of Lidl’s reputation as a low cost discounter, in the form of “corrective advertising” (Paragraph [160] and [170]).

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The TTABlog

MAY 9, 2024

Respondent claimed, however, that petitioner's prior use resulted in "minimal market penetration," asserted that the challenged registration should survive with a carve-out granting rights to Petitioner that are geographically limited to Jellico, Tennessee, and argued laches as an affirmative defense. Welch 2024. Text Copyright John L.

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SpicyIP

DECEMBER 17, 2023

Dialmytrip Tech Private Limited Highlighting the role of behavioral science in trademark litigations, Mathews argues that the terms “make” and “dial” invoke different emotions and thus do not cause confusion. The last date for submission of entries is February 29, 2024. M/S Loreal S.A Khimji Dayabhai Co.”,

IP 59

IP Trademark Advertising Advertising 59

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). Still, an expansion into the property management market was plausible, especially since Rampart Resources had done it in the past.

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Advertising Advertising Branding Brands 59

SpicyIP

DECEMBER 24, 2023

on December 21, 2023 (Delhi High Court) Image from here The Appellant filed an appeal against the order of the Trademark Registry allowing the opposition against the Appellant’s ‘BSA’ mark. the Court held that such usage would amount neither to infringement of the trademark, nor taking of unfair advantage of the Respondent’s mark.

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Registration Trademark Copyright Registering Trademarks 52

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. Instead of asserting copyright and trademark claims, they tried trespass to chattels. 11, 2024) Selected Related Blog Posts * If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v.

Copying 77

Copying Ownership Derivative Work Contracts 77

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. The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off. The Trademark Reporter, Vol.

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LexBlog IP

JANUARY 25, 2023

Providers are matched with different and cumulative sets of obligations, commensurate with their role and significance within the digital services market.

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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?

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Branding Brands Branding Marketing 56

SpicyIP

NOVEMBER 19, 2023

VIII, Issue I [Submit by January 7, 2024] NLU Jodhpur’s Journal of Intellectual Property Studies is inviting original, unpublished manuscripts for publication for its upcoming issue. The last date for submissions is January 7, 2024. Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol.

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Intellectual Property Journalism Patent Application Social Media 59

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Apart from the Madras High Court, the Calcutta High Court has recently published the Draft IPD Rules for public comments by January 5, 2024. Bolt Technology v.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

OCTOBER 23, 2023

Kama Ayurveda Private Limited vs The Arya Vaidya Pharmacy on 17 October, 2023 (Delhi High Court) Image from here The Delhi High Court denied an exemption request from the plaintiff regarding advance service to the defendant in a case involving trademark infringement of ayurvedic pharmaceutical products. 20,00,000 plus GST.

Designs 52

Designs Design Music IP 52

Patently-O

DECEMBER 12, 2021

Can you register a famous person’s name as your trademark without their consent? Patent and Trademark Office interprets this to mean no, never, no matter what. 22] TRUMP TOO SMALL passes this test because it is commentary on TRUMP, not a disguised advertisement that is merely incidental to Donald Trump. Dogan & Mark A.

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