IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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Design Patent Designs Design Patent 57

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.

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Journalism Editing Business Government 98

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 125

Social Media Advertising Advertising Law 125

43(B)log

AUGUST 25, 2022

22, 2022) The court here allows an antitrust claim to proceed based in part on allegedly false/misleading statements because they form part of the alleged anticompetitive product-hopping scheme and because the unique characteristics of the drug market make market-based responses to false advertising difficult.

False Advertising 59

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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 144

Trademark False Advertising Advertising Advertising 144

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 139

Television Copyright Infringement Advertising Advertising 139

43(B)log

JUNE 11, 2024

Malwarebytes argued that its characterizations of Enigma’s products as “malicious” and a “threat” didn’t occur in commercial advertising or promotion but rather as part of the operation of its products. Were the statements in an advertisement? This was plausibly an advertisement for purportedly superior products.

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Advertising Advertising Designs Design 64

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.

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False Advertising Advertising Advertising Licensing 64

LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

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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

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

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 129

Social Media Advertising Advertising Design 129

Copyright Lately

SEPTEMBER 29, 2024

Atari’s copyright infringement lawsuit against State Farm advances, underscoring the importance of careful clearance in advertising. It looks like Jake from State Farm is definitely going to blow through his deductible, as the insurance giant lost its bid to declare game over on a lawsuit brought by video game publisher Atari Interactive.

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Fair Use Copyright Artwork Social Media 109

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].

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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

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 114

Trademark Registration Designs Design 114

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.

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TorrentFreak

JULY 18, 2024

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. ” What these categories all have in common is obfuscation as a means to change and expand definition.

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Government Law Privacy Advertising 123

43(B)log

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh. Locality is fundamentally subjective.

False Advertising 72

False Advertising Advertising Advertising Design 72

43(B)log

AUGUST 9, 2021

As to defendant Boyer (the relevant defendant), the class actions alleged that it falsely designated the geographic origin of its coffee with the intent to deceive, when the products actually contained little to no Kona coffee. And it definitely didn’t disparage Kona consumers. Travelers insured Boyer, which sought coverage.

Advertising 59

Advertising Advertising Publishing Branding 59

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).

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Editing Social Media Blogging Advertising 98

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 111

Journalism False Advertising Advertising Advertising 111

IP and Legal Filings

FEBRUARY 24, 2025

In 2003, the firm’s trademark in Germany was protected due to its distinctive design. Therefore, most tangible marks depend upon secondary meaning and, thus, there is a huge requirement for significant evidence, for example, consumer surveys, advertisements, and other market data. are two examples.

Trademark Law 52

Trademark Law Trademark Law Branding 52

43(B)log

APRIL 17, 2023

The court dismissed most of Quincy’s claims (counterfeiting, trademark infringement, and false designation of origin) except for false advertising—a rare (and conceptually sound) approach that other, non-default cases could benefit from.

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False Advertising Advertising Advertising Trademark 45

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 72

False Advertising Advertising Advertising Design 72

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 98

Trademark Social Media Advertising Advertising 98

43(B)log

JUNE 10, 2024

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. The challenged language includes “to help manage blood sugar,” “#1 doctor recommended brand,” and “scientifically designed for people with diabetes.” 3d -, 2024 WL 2843092, No.

Designs 59

Designs Design Branding Branding 59

SpicyIP

AUGUST 23, 2023

A Definition for ‘Rare Diseases’ The revised Policy underscores the importance of formulating a definition for ‘rare diseases’. It is stated that further research is required for examining current definitions and formulating one for India, and shall be done as soon as ‘sufficient data’ is available.

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Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. One click (“sign-in wrap”) usually should work, at least so long as the other elements are properly handled, but two clicks (“clickwrap”) definitively resolves the issue for the court.

Contracts 125

Contracts Registration Design Designs 125

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.

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43(B)log

MARCH 6, 2024

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. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

Technology & Marketing Law Blog

DECEMBER 12, 2021

These “bad design” arguments to work around 230 have been rejected repeatedly. Based on the facts alleged, there is no reason to believe that even if Schmidt’s estranged husband had not purchased a gun from a person who posted an advertisement on the Armslist website, Schmidt would still be alive. Negligence.

Copyright Infringement 138

Copyright Infringement Publishing Design Designs 138

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” SF Design Group. Fredman Design Group. We blogged this case twice before.

Social Media 119

Social Media Ownership Business Branding 119

SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” The ban halted thriving e-cigarette manufacturing businesses and left researchers and designers seeking patents on e-cigarettes at a loss.

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Invention Patent Patent Application Government 110

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 98

Contracts Advertising Advertising Privacy 98

IP and Legal Filings

DECEMBER 17, 2024

The law states that the shape should not serve a functional purpose, meaning it should not be designed to achieve a technical result. The sheer volume of general drugs available are combined with the extremely similar looking products and their designs makes it almost impossible for the traditional trademarks to appear distinctive.

Trademark 52

Trademark Branding Branding Brands 52

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.]

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False Advertising Advertising Advertising Marketing 60