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 57

False Advertising Advertising Advertising Patent 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. 22 C 6083 (N.D.

Advertising 62

Advertising Advertising Social Media Law 62

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

The IPKat

NOVEMBER 27, 2023

The long history of the parties’ joint presence on the UK market clearly added a degree of complexity to the judgment, which contains a detailed review of each side’s business over the years. So: no joy on acquiescence, because five years wouldn’t be up until 2024.

Editing 67

Editing Registration Branding Brands 67

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’. Brat green: from the streets of NYC to the domination of social media and then to the catwalks (?) You don’t even know what ‘brat’ means? Read on then!

Social Media 67

Social Media IP Branding Brands 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. 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

SpicyIP

FEBRUARY 12, 2024

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Case Summaries Gujarat Cooperative Milk Marketing v.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Selvam & Selvam Blog

JUNE 27, 2024

Baby Forest Ayurveda Pvt Ltd has reaffirmed several critical legal standards in trademark infringement and redefined the “customer of average intelligence and imperfect recollection” test considering the evolution of customer awareness and brand identities. However, in this case, the Court set out an additional evolved yardstick for the test.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

SpicyIP

JANUARY 30, 2024

What if we tell you that there is a drug that is used for treating diabetes, but has a similar/ almost identical brand name as another drug used for treating a type of cancer. Eerily the issue of similar brand names for different drugs treating different ailments is pretty common in India. Surprising, isn’t it?

Branding 116

Branding Brands Branding Social Media 116

IP and Legal Filings

FEBRUARY 7, 2023

Their rights will be protected thanks to the metaverse brands’ trademarks. According to a Bloomberg Intelligence report [2] , the worldwide revenue opportunity from the metaverse is predicted to hit $800 billion in 2024, up from the estimated $500 billion in revenue generated by the metaverse in 2020. What is the Metaverse?

Trademark 87

Trademark Non-Fungible Tokens Branding Brands 87

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

Technology & Marketing Law Blog

JANUARY 9, 2024

Instead, plaintiffs’ sole focus, they say, is on (1) Snap’s alleged independent tortious conduct and (2) Snapchat (a “feature-packed social media app.”) Internet Brands , AM v. 2, 2024) The post Judge Goes Rogue and Rejects Snap’s Section 230 Defense for [Reasons]–Neville v.

Publishing 77

Publishing Designs Design Law 77

Technology & Marketing Law Blog

JUNE 27, 2022

The phrase “likely to be accessed by a child means it is reasonable to expect, based on the nature of the content, the associated marketing, the online context, or academic or internal research, that the service, product, or feature would be accessed by children.” ” As discussed below, this is a poison pill for the Internet.

Privacy 139

Privacy Designs Design Business 139

SpicyIP

DECEMBER 30, 2023

This rejection order passed consequent to a pre-grant opposition was among the many other legal and social campaigns against the high prices at which the drug was made available. Doing this was regarded as essential to avoid stifling local industry and balance global brand reputation with the interests of national enterprises and consumers.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JUNE 26, 2024

In this case, two states (Louisiana and Missouri) and five individual plaintiffs challenged the COVID- and election-related content moderation decisions of social media services. Striking the right balance between encouraging beneficial government discourse and thwarting abusive censorship pressure is very tricky.

Government 65

Government Social Media Publishing Law 65