Plagiarism Today

AUGUST 12, 2021

The 91-page report is part of an ongoing legal battle between Harrison/Erickson, a design firm that created the original Phanatic, and the Philadelphia Phillies baseball team. 3: Advertising Fuels $1.34 Billion Illegal Piracy Market, Report by Digital Citizens Alliance and White Bullet Finds.

Advertising 246

Advertising Advertising Reporting Licensing 246

43(B)log

FEBRUARY 17, 2025

Skillz sued its competitor Papaya, alleging false advertising under federal and state law. Skillz allegedly markets its games as being uniquely fair and trustworthy with a badge indicating it is Committed to Fair Play and a claim that it will [m]atch [users] with real players of equal skill in its games. Skillz Platform Inc.

False Advertising 52

False Advertising Advertising Advertising Trademark 52

SpicyIP

FEBRUARY 4, 2025

Mahindra, Tanishka Goswami analyzes the Court’s findings on the importance of house marks in infringement assessment, and the nature of the relevant market. In pursuance of its goal to accelerate EV adoption, it developed a new vehicle design and coined the same EZIO. Explaining the recent Delhi High Court decision in Gensol v.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

SpicyIP

SEPTEMBER 3, 2024

With this Louis Vuitton seems to have struck a jackpot as it managed to restrain Haute24 from selling its products in a copyright dispute over its advertisement material. Haute24 is an online e-commerce platform whose stated aim is to make luxury apparel from the US and Europe affordable for the Indian market (see here ).

Advertising 103

Advertising Advertising Copyright Brands 103

Kashishipr

JANUARY 19, 2022

The role that trademarks play in the marketing of a brand can help us unwind what commercial players and business houses should consider in the development of their brand marketing strategies to best incentivize their assets for better returns. How Does a Trademark Help in the Marketing of a Brand?

Marketing 105

Marketing Marketing Trademark Brands 105

IPilogue

FEBRUARY 14, 2022

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. Despite these advantages, comparative advertising is a dangerous field to navigate from a legal perspective. Operations (“Constellation”).

Advertising 105

Advertising Advertising Trademark Brands 105

43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Lynd advertised the Product as effective against the coronavirus. the Lanham Act false advertising claim survived.

False Advertising 99

False Advertising Advertising Advertising Business 99

TorrentFreak

NOVEMBER 19, 2023

StreamSafely: How it All Began The people who came up with the StreamSafely campaign and still run it today are collectively known as Ctam Cable Marketing Association Inc. , As the current member list shows, cable marketing has considerable scope. or CTAM for short. ” Under the heading The Cable Industry v. million expenses, $1.1

Marketing 127

Marketing Marketing Privacy Intellectual Property 127

The TTABlog

DECEMBER 13, 2022

District Court for the Eastern District of Virginia upheld the TTAB's decision [ TTABlogged here ] affirming a refusal to register certain features of Timberland's boot design on the ground that the proposed mark for "footwear, namely, lace-up boots" lacked acquired distinctiveness.

Design 96

Design Designs Advertising Advertising 96

TorrentFreak

DECEMBER 15, 2024

As MPA member Sony attracts attention for its continued expansion into both the manga and anime markets, including its recent interest in the acquisition of publishing giant Kadokawa, synergies between the companies will likely be in focus as the weeks unfold. Acting on behalf of members Toei Animation Co., and Bandai Namco Filmworks Inc.,

Cease and Desist 104

Cease and Desist Reporting Advertising Advertising 104

The TTABlog

SEPTEMBER 2, 2021

Opposer's sales, advertising, and media coverage led the Board to conclude that Lacoste's alligator design marks are "'renowned' in the clothing market, and, at the very least, commercially quite strong." Moreover, the alligator design is larger that the wording in applicant's mark. Lacoste Alligator S.A.

Design 90

Design Designs Advertising Advertising 90

Technology & Marketing Law Blog

AUGUST 24, 2021

This lawsuit alleges that Facebook is liable for Fair Housing Act discrimination purportedly enabled by its self-service advertising tools. The plaintiffs allege Facebook had a role in “creating, promoting use of, and profiting from paid advertisers’ use of the Targeting Ad tools.”

Advertising 137

Advertising Advertising Marketing Marketing 137

Technology & Marketing Law Blog

DECEMBER 10, 2023

Amazon is an ICS provider: Plaintiff alleges that Defendants “market” and “sell” products to retail consumers “through internet websites.” The plaintiff claimed that Amazon bears the responsibility to verify advertiser claims and product authenticity. This argument has failed so many times.

False Advertising 95

False Advertising Advertising Advertising Marketing 95

IPilogue

NOVEMBER 18, 2022

(“Mascotte”), owns a portfolio of 160 trademark applications in the US connected to the “Yeezy” brand, Adidas solely owns all design rights to existing products, as well as previous and new colorways under the partnership. Adidas reportedly intends to take advantage of its design rights by selling the Yeezy sneakers using its own branding.

Business 131

Business Contracts Brands Branding 131

The IPKat

JANUARY 5, 2022

Green Label (of 23 August 2021), the BOA ruled that vacuum cleaner bags enjoy design right protection, overturning a previous decision by the Invalidity Division. Background of the case In 2008, Miele successfully registered a Community Design (‘CD’), consisting of a depiction of a vacuum cleaner bag, one of which is shown below.

Design 111

Design Designs Public Domain Advertising 111

The IPKat

JANUARY 20, 2025

Specifically, the decision tackles the: 1) protection of a non-conventional trade mark such as an (unregistered) colour combination mark; 2) protection of a specific font as either a copyright work or as an unregistered design; 3) cumulation of multiple IP rights on a single product.

Non-Fungible Tokens 69

Non-Fungible Tokens Design Designs Public Use 69

43(B)log

JULY 19, 2023

17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., 19-662-CFC, 2023 WL 4561059 (D. Natera made superiority claims for its Prospera.

False Advertising 75

False Advertising Advertising Advertising Marketing 75

43(B)log

AUGUST 29, 2024

26, 2024) The parties compete in the hand-held gardening tool market. Unsurprisingly, this is a former employee case with many different claims, most of which I will ignore, including design patent claims that fail because no reasonable jury could find the protectable elements confusingly similar in light of the prior art.)

False Advertising 59

False Advertising Advertising Advertising Design 59

TorrentFreak

JANUARY 27, 2025

“Market entry for a pirate is easy. If you wanted to become a pirate tomorrow, you could go online and find organizations that provide Piracy as a Service, they’ll give you content, they’ll give you a distribution platform, they’ll design your user interface, quite sophisticated.”

Social Media 116

Social Media Litigation Intellectual Property Trademark 116

TorrentFreak

MARCH 24, 2025

. “The proliferation of matches and competition from other audiovisual content, both sporting and non-sporting, creates an overabundance of content that challenges the balance of the football audiovisual exploitation rights market.” ” The proposals run deep and even if the bill passes, pushback seems almost inevitable.

Advertising 62

Advertising Advertising Marketing Marketing 62

Intepat

MARCH 25, 2025

Several luxury brands, including Tom Ford, Chanel, and Dior, annually invest millions into developing and marketing their signature perfumes. These products are essentially replicas of luxury or designer fragrances, crafted to mimic the scent profile of high-end perfumes at a fraction of the cost. billion in 2025.

Copying 59

Copying Brands Branding Branding 59

43(B)log

NOVEMBER 27, 2023

Marketing, Sales Practices & Products Liab. SoClean is a dominant player in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea and respiratory conditions. And, they continued, SoClean was illegally marketing its devices. In re SoClean, Inc., 22-542 (W.D.

Advertising 59

Advertising Advertising Marketing Marketing 59

Technology & Marketing Law Blog

DECEMBER 18, 2021

The court couldn’t sufficiently discern the relevant market from the complaint, so the court can’t figure out any cross-elasticities. The court rejects the plaintiffs’ attempts to create single-brand markets. Apple appeared first on Technology & Marketing Law Blog. Breach of Contract.

Reporting 119

Reporting Law Contracts Advertising 119

Technology & Marketing Law Blog

AUGUST 19, 2021

The court says: The offending content is generated by Classmates and the advertisement is not merely some passive display of content created by another entity, even if it contains a picture from a school yearbook. Here, the focus is on Classmates’ use of a yearbook photo in stand-alone advertisements it uses to lure in potential customers.

Advertising 128

Advertising Advertising Marketing Marketing 128

Indiana Intellectual Property Law

FEBRUARY 24, 2025

Smartish claims that Scooch has been selling mobile phone cases that closely resemble Smartishs distinctive designs, particularly those from its popular “ Wallet Slayer ” series. According to the Complaint, Smartish, based in Austin, Texas , has been designing and selling mobile phone cases since 2011.

Design 52

Design Designs Advertising Advertising 52

The IPKat

DECEMBER 27, 2021

The findings The UKIPO’s findings are based on a quantitative survey of 1,000 female (studies suggest that influencer marketing is “ highly gendered ”) consumers in the UK, aged 16 to 60 and who use social media at least once per week.

Social Media 119

Social Media Reporting Advertising Advertising 119

Traverse Legal Blog

MARCH 26, 2025

Youve poured your expertise into a book, a supplement, or a digital productsomething designed to help people feel better, live better, be better. FTC marketing guidelines are available to help. 45), prohibiting deceptive or misleading marketing practices. FDA compliance for supplements is not easy.

Brands 52

Brands Branding Branding Marketing 52

43(B)log

APRIL 29, 2024

He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Kitchen Cube also stated on its website that “we designed and manufactured every kitchen measuring device in one easy to use gadget.” False advertising: Only ok against Kitchen Cube.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

JANUARY 22, 2025

These garbage disposals tend to match the same horsepower advertised by InSinkErator on its disposals, but at a cheaper price. This signals that horsepower is an importantif not primarydistinction used by retailers to market to consumers. That bolstered the common sense impression that more horsepower means more efficiency.

False Advertising 52

False Advertising Advertising Advertising Marketing 52

Technology & Marketing Law Blog

AUGUST 17, 2021

The ads “are designed to display generic terms that consumers might associate with any personal injury firm.” The defendants run the Accident Injury Legal Center, which runs a lawyer referral service. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims.

Advertising 105

Advertising Advertising Trademark Settlement 105

The TTABlog

APRIL 17, 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.'" That same principle applies to trademark registration.

Design 64

Design Designs Advertising Advertising 64

TorrentFreak

NOVEMBER 24, 2024

Evolution Hoping to secure their piece of the pie, new players entered the market in the years that followed. These sites often mimic the layout, advertising style, and even domain names of popular unauthorized content sharing platforms.” Deception wasn’t just limited to movies either.

Reporting 113

Reporting Business Music Advertising 113

TorrentFreak

SEPTEMBER 8, 2023

“At a basic level – and common to all the technical devices mentioned – AAPA would like to see the production, marketing and distribution of any device which can be used to infringe IP made illegal” – Sheila Cassells. What’s AAPA’s position there?

IP 131

IP Intellectual Property Marketing Marketing 131

Patently-O

NOVEMBER 21, 2022

The SoClean device has a compact filter that should be replaced every six-months–creating a nice subscription market. However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. Sunset sells a generic version of the same filter.

Design 75

Design Designs Registration Trademark 75

43(B)log

JULY 24, 2023

The first pegfilgrastim biosimilar hit the market in November 2018, and would ultimately be followed by five others, including Sandoz’s Ziextenzo in November 2019. These ads were based on an obseivational study Amgen conducted itself, in an effort to remain competitive with the emerging biosimilar market. Sandoz Inc.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

IP Watchdog

NOVEMBER 1, 2021

This week in Washington IP news, the Senate Judiciary Committee hosts a hearing Tuesday morning to discuss various legislative efforts designed to address the rampant issue of counterfeit goods sold online by third-party sellers on major e-commerce platforms.

IP 105

IP Advertising Advertising Technology 105

TorrentFreak

OCTOBER 26, 2024

On October 27, 2023, at Birmingham Crown Court, Merrell changed his plea to guilty on charges of possessing, selling, or distributing a device designed to circumvent technical measures, and for providing, promoting, advertising, or marketing a service for that purpose.

Social Media 117

Social Media Reporting Advertising Advertising 117