IP and Legal Filings

DECEMBER 16, 2024

However, proving that the design is distinctive enough to be protected and does not serve a functional purpose remains problematic. This protection allows the brand to safeguard its visual identity, as well as stop other businesses from using their designs’ look and feel, maintaining exclusivity and value of designs.

Branding 98

Branding Branding Brands Designs 98

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 annually through advertising. billion annually through advertising.

Advertising 246

Advertising Advertising Reporting Licensing 246

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. Due Protection to Advertisement Material The Court has rightly acknowledged the artistic merit of commissioned photos for promotional purposes. www.haute24.com

Advertising 103

Advertising Advertising Copyright Branding 103

IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. However, many a times, we witness these designs being copied or recreated. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

Designs 105

Designs Design Copyright Copyright Infringement 105

Intellectual Property Law Blog

APRIL 13, 2023

Some will do so based on intentional design. This may be the case, even if the GAI tool is not specifically designed to output celebrity images. Code § 3344(a). GAI is a powerful tool and has many applications. Many uses will be fine, but many will cross a legal line. Others will do so inadvertently.

Fair Use 246

Fair Use Designs Design Advertising 246

43(B)log

NOVEMBER 23, 2022

Lynd advertised the Product as effective against the coronavirus. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums. the Lanham Act false advertising claim survived.

False Advertising 99

False Advertising Advertising Advertising Business 99

SpicyIP

SEPTEMBER 4, 2023

Image by Freepik Just a day after conducting the Preliminary exams for the recruitment of the Patent and Design Examiners, the Quality Control Council of India (QCI) on September 4, announced that the same has been cancelled due to “some irregularities/ technical glitches.”

Design 105

Design Designs Patent Advertising 105

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

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.

Designs 109

Designs Design Public Domain Advertising 109

43(B)log

AUGUST 29, 2024

Most of the claims failed on summary judgment, but part of Woodland’s claim against Fiskars for false advertising, based on Fiskars’s statements about the cutting power of its tools, and some of its statements that certain products were designed in the United States, did create factual issues for trial.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Technology & Marketing Law Blog

DECEMBER 10, 2023

The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. This argument has failed so many times. Google opinion.

False Advertising 95

False Advertising Advertising Advertising Marketing 95

Plagiarism Today

JULY 28, 2022

This required Roblox designers to pay $1 (or 100 Robux) to include the sound effect in their creations. Next up today, Amos Robi at Pule reports that, in Kenya, musician Hubert Mbuku Nakitare (Nonini) has accused a local media influencer of unlawfully using one of his song as part of an advertisement for an electronics manufacturer.

Licensing 246

Licensing Social Media Journalism Reporting 246

IP Law 360

SEPTEMBER 6, 2023

Amazon launched a pair of lawsuits Wednesday in Seattle federal court against social media influencers, accusing the two women of using their profiles to advertise knockoff luxury brand products as part of a scheme with third-party counterfeit sellers.

Social Media 85

Social Media Designs Design Advertising 85

TorrentFreak

DECEMBER 15, 2024

When compared to a mailed cease-and-desist notice, similar documents served in person are designed to have a personal impact, and are often credited with presenting a tangible reality more likely to yield results. Acting on behalf of members Toei Animation Co., and Bandai Namco Filmworks Inc.,

Cease and Desist 103

Cease and Desist Reporting Advertising Advertising 103

Erik K Pelton

MAY 9, 2022

Examples of those interiors are the Apple Store has a registration for the layout of the store, and Chipotle has a registration for the common design themes that you’ll find in nearly every Chipotle. They use it on the trucks, in the uniforms, in their advertising, in their logo, etc. That’s a registered trademark.

Trademark 189

Trademark Registering Trademarks Registration Designs 189

JD Supra Law

SEPTEMBER 16, 2024

and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret. 26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. By: Irwin IP LLP

Design Patent 65

Design Patent Patent Infringement False Advertising Designs 65

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.

Designs 64

Designs Design Advertising Advertising 64

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.

Designs 52

Designs Design Advertising Advertising 52

IP Watchdog

OCTOBER 3, 2024

District Court for the Western District of Texas, sitting by designation. The opinion was authored by Judge Reyna and the panel included Judge Alan Albright of the U.S.

Advertising 104

Advertising Advertising Patent Designs 104

Indiana Intellectual Property Law

NOVEMBER 29, 2024

Hiker has been in the business of designing and manufacturing customizable trailers for over a decade, earning a reputation for quality and durability. Hiker is the registered owner of the “HIKER TRAILER” and “HIKER DESIGN” marks, which are used in connection with trailers and related goods.

Trademark 52

Trademark Registering Trademarks Designs Design 52

43(B)log

FEBRUARY 28, 2025

The district court found that the type of mark/mark strength, similarity of products/services, and evidence of actual confusion weighed in favor of likely confusion; similarity of marks, consumer overlap, and degree of care of potential purchasers weighed against; and advertising media/defendants intent were neutral.

Advertising 52

Advertising Advertising Trademark Registration 52

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

SpicyIP

FEBRUARY 4, 2025

In pursuance of its goal to accelerate EV adoption, it developed a new vehicle design and coined the same EZIO. Gensol EV also created a “ezio” logo for the vehicle design and secured a registration of the word mark EZIO on a proposed to be used basis ( Class 12 ) with the Trade Marks Registry.

Trademark 107

Trademark Marketing Marketing Trademark Law 107

TorrentFreak

OCTOBER 18, 2022

After obtaining permission from the court in late April, MPA investigators began serving third-party subpoenas on advertising brokers including Amobee, Exponential Interactive, Oracle Corporation, Yahoo Ad Tech, AdSupply, Aragon Advertising, Insticator, and Outbrain, plus Amazon and Google. Arm’s Length Advertising.

Advertising 143

Advertising Advertising Business Reporting 143

Olartemoure Blog

SEPTEMBER 23, 2022

The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. 09/22/22 – Industrial Designs. In September, the Superintendency of Industry and Commerce (CPO) issued Resolution 60452 , which modified directives for submitting Industrial Design applications (ID).

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

Selvam & Selvam Blog

DECEMBER 6, 2024

For IndiGo, the 6E callsign has been an integral element of the official designator and a brand identifier for the past 18 years. However, the mark has not yet been advertised in the Trademark Journal, meaning no one can oppose its registration as yet.

Trademark 52

Trademark Intellectual Property Registration Branding 52

TorrentFreak

NOVEMBER 24, 2024

Advertising still promised the earth, but instead of receiving nothing for their money, subscribers were given access to obscure and unpopular content; a far cry from the blockbusters promised but a veneer of legitimacy for dubious operators. By 2021, the business model had evolved.

Reporting 111

Reporting Business Music Advertising 111

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 102

False Advertising Invention Advertising Advertising 102

Technology & Marketing Law Blog

MARCH 13, 2022

” The false designation of origin claim is similarly governed by the Ninth Circuit’s Lasoff v. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Amazon ruling.

Trademark 110

Trademark Advertising Advertising Settlement 110

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 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

43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived. 3d 1137 (9th Cir.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

The IPKat

FEBRUARY 11, 2025

He has experience working with clients in advertising, fashion, FMCG, retail and technology. In 2022, he joined Jacobacci & Partners, where he specializes in intellectual property protection, with a focus on patent drafting and prosecution, as well as design protection. More on Oliver here. More on Simone here.

Intellectual Property 62

Intellectual Property Patent Drafting IP Copyright Law 62

43(B)log

AUGUST 29, 2024

The presentations were plausibly “commercial advertising or promotion” even if described as “seminars” and “continuing education courses.” The Seventh Circuit has said that face to face communication isn’t “commercial advertising or promotion” [though query whether that makes any sense if there’s a repeated script].

False Advertising 59

False Advertising Advertising Advertising Technology 59

43(B)log

FEBRUARY 3, 2025

30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I will focus only on some false advertising-relevant rulings. Keurig sought to exclude Hal Porets testimony, offered primarily for the purpose of showing that Keurig statements misled consumers into believing that its 2.0

False Advertising 52

False Advertising Advertising Advertising Licensing 52

Plagiarism Today

MAY 2, 2022

creators whose creative works were featured in Facebook advertisements without permission. Copyright Office specify designated technical measures (DTMs) that providers would be required to use to prevent the reupload of infringing material. The lawsuit is proposed as a class action, including all U.S.

Social Media 246

Social Media Copyright Infringement Copyright Plagiarism 246

The IPKat

NOVEMBER 23, 2024

The trade mark application was filed by an Australian fashion designer, who was born Katie Jane Perry but has also gone by the names Katie Howell and Katie Taylor (called "Ms Taylor" in the judgment). Her management team set up a web-store by 24 September 2008 to advertise and sell such merchandise.

Cease and Desist 70

Cease and Desist Registration Branding Branding 70