The TTABlog

JULY 14, 2021

The Examining Attorney relied on, inter alia , definitions of "aqua" (water") and "char" (a charred substance: "CHARCOAL") in maintaining that AQUACHAR describes a characteristic of the products. Applicant submitted negative dictionary evidence showing no definition for AQUACHAR. A second definition of "char" is "a charred substance."

Designs 52

Designs Design Advertising Advertising 52

43(B)log

SEPTEMBER 16, 2021

The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” Summary judgment granted on state and federal false advertising claims.

False Advertising 62

False Advertising Advertising Advertising Licensing 62

Intepat

JUNE 19, 2024

If we are to look into the statutory definition of Evidence, under section 3 of the Indian Evidence Act 1872 evidence means and includes, All statements which the court allows or needs to be presented before it by the witnesses in connection to matters of fact under inquiry.

Trademark 52

Trademark Advertising Advertising Social Media 52

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

The TTABlog

JANUARY 6, 2022

[Section 2(d) refusal of the word-plus-design mark shown below for, inter alia , "non-metal tiles for countertops, walls, sinks, and floors in bathrooms and kitchens," in view of the registered mark BELLAVITA TILE registered for “Non-metal tiles for walls and floors; ceramic tiles; porcelain tiles; glass tiles.” Kuczma)[not precedential].

Social Media 60

Social Media Advertising Advertising Music 60

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

JUNE 3, 2024

2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. Bustamante v. KIND, LLC, 100 F.4th 4th 419 (2d Cir. Nor did he specifically analyze KIND ingredients, only how they were “typically” sourced.

False Advertising 62

False Advertising Branding Brands Branding 62

Michael Geist

SEPTEMBER 21, 2022

But the problems with expansive definitions in the bill are not limited to the “making available” provision. Bill C-18’s definitions for “news content”, “news business”, and “news outlet” are also exceptionally broad, raising their own series of concerns. solicitation, design or production of advertising; f.

Journalism 77

Journalism Editing Business Government 77

TorrentFreak

DECEMBER 20, 2023

It regularly involves organized crime groups that tap into source signals and rebroadcasts them to profit from the advertising views they generate. McKnight doesn’t offer a concrete definition but stresses that online services can take stricter actions against people who repeatedly post infringing content.

Social Media 95

Social Media Advertising Advertising Law 95

43(B)log

MARCH 20, 2023

WatsonSeal Marketing sued for false advertising under the Lanham Act, tortious interference with business relations under Alabama law, and unjust enrichment under Alabama law, but, having kicked out the Lanham Act claims, the court didn’t proceed any further with the state claims. Some versions of this look for advertising format in part 1.]

False Advertising 58

False Advertising Advertising Advertising Marketing 58

43(B)log

SEPTEMBER 6, 2023

The Toyota parts sold by Allen Interchange and Toyota bear the same part number, and according to Allen Interchange, are identical in design, function, and quality. Lanham Act false advertising: Allen alleged that Toyota’s statements that “[t]he purchase. The court declined to dismiss the counterclaims.

Marketing 57

Marketing Marketing False Advertising Advertising 57

43(B)log

SEPTEMBER 5, 2023

11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic activity. The Design Manual also included several technical drawings of BRBs, which allegedly infringed plaintiff Core-Brace’s registered drawings. SME Steel Contractors, Inc.

False Advertising 57

False Advertising Law Advertising Advertising 57

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. While keyword advertising uses trademarked words to divert customers, cybersquatting involves acquiring domain names to benefit from trademarks.

Trademark 90

Trademark Social Media Advertising Advertising 90

Michael Geist

OCTOBER 4, 2022

Indeed, critics will rightly note the market distortion it creates for private entities who stand to lose further advertising-related revenues to the CBC, while supporters should be concerned that the bill undermines the CBC’s claim to a public interest role and makes an ad-free version of the service even less likely.

Advertising 90

Advertising Advertising Television Government 90

43(B)log

JULY 15, 2024

As for the positivity of the ads, “consumer surveys in false advertising cases commonly display the challenged advertisement.” Also, the fact that he acknowledged that there were other definitions of “sneakerhead” and that the group is heterogeneous wasn’t a “fatal” flaw meriting exclusion as opposed to cross-examination.

False Advertising 67

False Advertising Branding Brands Branding 67

The TTABlog

AUGUST 3, 2022

Based on third-party uses and registrations and on dictionary definitions, the Board concluded that "DOG COMPANY, considered as a whole, is a highly descriptive term for a characteristic of Petitioner’s Common Law Goods." Natural Dog Acquisition LLC v.

Law 52

Law Registration Designs Design 52

IPilogue

AUGUST 4, 2022

That case centered around the issue of whether the applicant’s “JU DIAN & Design Mark” was obtained in bad faith contrary to 18(1)(e) of TMA or was otherwise invalid per 18(1)(b) or 18(1)(d) of the TMA. On June 3, 2019, Judian became aware of an advertisement for sale of the trademark on an online marketplace, VanSky. Background.

Trademark 115

Trademark Registration Designs Design 115

LexBlog IP

JULY 25, 2023

Whether your focus is privacy, advertising or both, there is a good chance that you have bumped into some thorny issues involving the Children’s Online Privacy Protection Act (COPPA). COPPA has many exacting requirements, and we are seeing more FTC law enforcement focusing on making sure all the technical niceties of COPPA are met.

Privacy 52

Privacy Advertising Advertising Designs 52

43(B)log

AUGUST 25, 2021

Plaintiff alleges that subscribers “universally understand[ ] that a product designated ‘O’ is an [over-the-counter (“OTC”) ] drug, available over-the-counter and without physician supervision.” Although Alfasigma’s products were historically designated as F, First Databank reclassified them as O.

False Advertising 70

False Advertising Advertising Advertising Designs 70

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. The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. portion of the total rental fee.

Contracts 74

Contracts Advertising Advertising Privacy 74

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 126

Social Media Advertising Advertising Designs 126

IP and Legal Filings

FEBRUARY 15, 2024

While the data provided by individuals are handled safely by the industry, yet, there exists an apprehension that sharing data could be misused and will lead to a flood of advertisements as based on the interests of individuals or even to potential fraud and scams. As long as the purpose is deemed lawful, it can be utilised.

Privacy 95

Privacy Social Media Advertising Advertising 95

43(B)log

MARCH 27, 2023

24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the majority of workaday false advertising claims involving scientific fact are (correctly) treated as falsifiable. American Soc’y of Anesthesiologists, Inc., 4th -, 2023 WL 2621131, No. 22-1411 (3d Cir.

Journalism 110

Journalism False Advertising Advertising Advertising 110

LexBlog IP

SEPTEMBER 20, 2022

But back here, other than high-level, broad definitions that could theoretically deem advertising itself a dark pattern, there has been a lack of clarity on the issue. First up are the design elements that induce false beliefs. The reader is simply left to speculate.

Reporting 52

Reporting Privacy Advertising Advertising 52

Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition).

Editing 90

Editing Social Media Blogging Advertising 90

43(B)log

MARCH 25, 2024

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.” A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge. What about the images?

Advertising 62

Advertising Advertising Social Media Government 62

The TTABlog

NOVEMBER 22, 2023

The CAFC upheld the Board's dismissal [ TTABlogged here ] of Trek Bicycle's Section 2(d) opposition to registration of the mark RANGER TREK , in standard character and design form, for bags and clothing. As to the fame of the TREK mark, the Board properly discounted Trek's raw sales and advertising numbers as insufficient.

Registration 67

Registration Advertising Advertising Designs 67

TorrentFreak

AUGUST 24, 2021

“Nitro TV was advertised as a subscription-based streaming service providing 7500 high-definition channels, movies and television series on demand, pay-per-view events, and sports programming, among other content, all for a low monthly fee.

Television 134

Television Copyright Infringement Advertising Advertising 134

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. If the latter, then the definition will pick up smallish online retailers that have small marketplace components.

Trademark 138

Trademark False Advertising Advertising Advertising 138

Technology & Marketing Law Blog

MARCH 6, 2024

This judge is vexed by the definition of volitional conduct. And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. If not, the print-on-demand industry may not be commercially viable under prevailing law. The supervising judge agrees. Volitional Conduct.

Copyright 101

Copyright Trademark Law Publishing Copyright Infringement 101

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.]

False Advertising 70

False Advertising Ownership Registration Designs 70

IP and Legal Filings

FEBRUARY 2, 2023

Introduction The Ministry of Electronics and Information Technology (MeitY) was designated as the focal ministry for all issues pertaining to the online gaming sector on December 23, 2022. MeitY has extended a deadline for comments on the proposed amendment of January 17, 2023.

Due Diligence 86

Due Diligence Registration Government Technology 86

43(B)log

SEPTEMBER 23, 2022

The court thought that the lack of actual recycling was “extrinsic” to the product—not the product’s fault (despite false advertising’s strict liability)—while the lack of RIC designations was “intrinsic.” There’s also a label on the back of the package: “CHECK YOUR LOCAL MUNICIPALITY FOR RECYCLING GUIDELINES.”

Advertising 57

Advertising Advertising Designs Design 57

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”

False Advertising 57

False Advertising Advertising Advertising Business 57

43(B)log

DECEMBER 23, 2022

Although expressing some skepticism, the court found that they stated a valid false advertising claim. Thus, Universal argued that the alleged misrepresentation was too vague and non-specific to definitely represent that viewers would see De Armas or her segment in the movie. of a motion picture.”

False Advertising 70

False Advertising Advertising Advertising Social Media 70

The TTABlog

DECEMBER 20, 2022

McMorrow relied on dictionary definitions of the constituent words, on website evidence showing that one type of data is "human" data, and on several media articles using the term "human data." In re Human Data Labs, Inc. 88526515 (December 15, 2022) [not precedential] (Opinion by Judge Michael B.

Service Mark 60

Service Mark Advertising Advertising Licensing 60

IP and Legal Filings

AUGUST 29, 2023

In some cases, the courts agree with this idea, however its elusive to imagine definitive rulings in such domains as the rulings are based on the circumstances of each case.Henceforth, with the assistance of cases, we will explore how the names we know and the rules of trademarks can come together.

Trademark 90

Trademark Trademark Law Law Advertising 90