The IPKat

APRIL 11, 2022

Under the Community Design Regulation (EC 6/2002), an owner of a Community design right has several options when bringing an infringement case. As a primary rule, article 88(1) stipulates that the Community design courts shall apply the provisions of the Regulation on the matters covered thereby.

Design 97

Design Designs Law Government 97

Olartemoure Blog

SEPTEMBER 23, 2022

The breaches were related with the absence of informed consent for the processing of personal data collected on web pages, the absence of information regarding the processing of personal data, and the establishment of a default option to obtain the informed consent granted by the data subjects. Original source in Spanish.

Intellectual Property 105

Intellectual Property Advertising Advertising Design 105

TorrentFreak

OCTOBER 18, 2022

The determination of MPA investigators at the Alliance for Creativity and Entertainment has been apparent throughout but new information rarely shared in public takes things to a whole new level. Arm’s Length Advertising. PrimeWire’s efforts to stay alive were numerous, but the MPA met them at every step of the way.

Advertising 143

Advertising Advertising Business Reporting 143

IPilogue

JUNE 27, 2022

Through Sponsored Stories, advertisers pay Facebook to associate their mark on Facebook’s social media website with users that performed certain social actions in connection with the advertiser (e.g. users who click the “like” button on the advertiser’s Facebook Page).

Privacy 59

Privacy Social Media Advertising Advertising 59

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? The court first held that the challenged statement on its own wasn’t pure commercial speech because it “merely purports to convey information about NR and NR supplements” and didn’t refer to ChromaDex or its product; the link was not to a site that itself allowed purchases.

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

SEPTEMBER 8, 2021

Mixpac’s advertising materials assert that “[i]n order to simplify handling MIXPAC is using color-coded mixers and outlet caps. Most important of all with respect to functionality is the fact that alternative designs are obviously and clearly available without impairing the utility of the product.”

Advertising 75

Advertising Advertising Marketing Marketing 75

43(B)log

MARCH 20, 2023

15, 2023) When is informational material related to a for-profit company’s business commercial speech? Crawlspace Ninja “sells and distributes a variety of products designed to waterproof crawl spaces and remediate mold,” including Anabec x70, “a moisture barrier product designed for application to unfinished building surfaces.”

False Advertising 60

False Advertising Advertising Advertising Marketing 60

TorrentFreak

NOVEMBER 4, 2024

That event, which has been confirmed as a DAZN error, has also impacted RIPE Atlas , a system designed to measure internet connectivity. Max’s presentation further revealed that Imperva Incapsula IP addresses were also blocked as part of the blunder that blocked Google Drive on October 19th.

IP 117

IP Journalism Confidentiality Advertising 117

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

The IPKat

FEBRUARY 2, 2025

The Court granted the claimant leave to amend the wilful plant patent infringement claim due to the curable deficiencies in the pleadings, and allowed trade mark infringement, false designation of origin, and unfair competition claims under the Lanham Act to proceed.

Design 59

Design Designs Copying IP 59

The IPKat

JANUARY 19, 2023

The above perception by the consumer would be all the more proven given that the use of the image of famous movie character for exclusively advertising purposes is relatively common in many sectors. Later that year, the Office raised an objection in accordance with Article 7(1)(b) – (c) and 7(2) of Regulation 2017/1001 (EUTMR).

Advertising 141

Advertising Advertising Registration Business 141

Michael Geist

MAY 5, 2023

Party members voted on the top 20 proposals for discussion and included one involving the media and online information that seems obviously unconstitutional and a direct threat to a freedom of the press. It is not clear precisely who would be covered by “online information services”, but the outcome is dangerous no matter the scope.

Government 145

Government Advertising Advertising Publishing 145

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

JANUARY 19, 2024

Advertising Eyesore Assuming new pirate site owners aren’t concerned that a third party probably has root access to their server even after installation, it’s time to get the site ready for visitors. 2) Responsive Design with VIP membership system. There is no need to have knowledge of programming.”

Advertising 127

Advertising Advertising Intellectual Property Settlement 127

Technology & Marketing Law Blog

JUNE 26, 2023

The (unnecessarily confusing) majority opinion suggested several exclusions to Section 230’s immunity, including these statements: “If you don’t encourage illegal content, or design your website to require users to input illegal content , you will be immune.” ” Uh oh.

Advertising 111

Advertising Advertising Marketing Marketing 111

TorrentFreak

JANUARY 28, 2025

Additional risk of polluting or even displacing otherwise positive articles, could jeopardize what amounts to free advertising worth millions of dollars. ” Having received no such confirmation, a subsequent Nintendo email informed Keighin that efforts to serve him in person had failed multiple times already.

Social Media 103

Social Media Litigation Copyright Copyright Infringement 103

Olartemoure Blog

MAY 30, 2023

The Digital Markets Act is a groundbreaking law from the European Union that regulates the performance of large online platforms (designated as gatekeepers) in the digital economy to guarantee fair competition, which started applying on 2 May 2023. Being designated as a gatekeeper under the Digital Markets Act will bring some consequences.

Marketing 98

Marketing Marketing Design Designs 98

TorrentFreak

JUNE 22, 2023

Julius Bencko, Graphic Designer In the United States government’s superseding indictment dated February 16, 2012, Julius Bencko is described as a citizen and resident of Slovakia. Had designing logos and making websites look pretty begun to look less attractive to prosecuting authorities than they had done a couple of years earlier?

Graphic Design 145

Graphic Design Reporting Design Designs 145

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J.

Advertising 59

Advertising Advertising Marketing Marketing 59

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Design 60

Design Designs Art Intellectual Property 60

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

False Advertising Advertising Advertising Marketing 59

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. However, this bill is itself a giant counterfeit. ” I mean, pretty much every physical product meets this definition, right?

Trademark 144

Trademark False Advertising Advertising Advertising 144

TorrentFreak

AUGUST 20, 2024

Advertising revenue that once kept digital publications online, later began to diminish. That was partly explained by the rise of browser-based ad blocking software, itself a response to the rise of aggressive and intrusive advertising. Popularity of free-to-consume digital versions had a tendency to cannibalize print sales.

Publishing 127

Publishing Technology Advertising Advertising 127

43(B)log

JUNE 17, 2022

7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. Alfasigma broke the link to the letter when ExeGi informed it of that fact. The injunction didn’t define the term, but since it was based on a Lanham Act violation, “commercial advertising or promotion” was the proper guidepost.

False Advertising 64

False Advertising Advertising Advertising Litigation 64

The IP Law Blog

APRIL 13, 2023

However, after hiring three professional athletes, including Maxx Crosby of the Las Vegas Raiders, to appear in a new advertisement, the NFL sent a cease-and-desist letter to Dimopoulos accusing the firm of unauthorized use of the Raiders’ marks. We will have to see how it plays out.

Cease and Desist 98

Cease and Desist Law Advertising Advertising 98

TorrentFreak

JANUARY 3, 2024

Whether that’s by choice or design isn’t clear but a lecture from someone who earns more in a day than many fans do in a year could be even more disastrous than it sounds. As outlined in red, the site reported that live matches were available on Tuesday, but without advertising.

Advertising 123

Advertising Advertising Reporting Business 123

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.

Design Patent 57

Design Patent Design Designs Patent 57

Intepat

MARCH 25, 2025

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. Counterfeit perfumes are unauthorized imitations that not only replicate the scent of a branded perfume but also copy its packaging, bottle design, and branding.

Copying 59

Copying Brands Branding Branding 59

SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? Of the new list of defendants who are sought to be impleaded, it was informed that channels of the defendant no. Rochem Separation Systems (India) Pvt.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

TorrentFreak

JANUARY 18, 2022

Our service is designed for a broad spectrum of clients: webmasters, SEO-optimizers, traders, businessmen and people, who care about their personal security,” the site read. Rather than simply just another VPN provider offering anonymity on the regular internet, the service is claimed to have advertised itself on the dark web.

Law 113

Law Advertising Advertising Privacy 113

IP Intelligence

MAY 9, 2024

In response to various office actions, Post limited its claim to simply the colors of the cereal and submitted additional evidence of the mark’s acquired distinctiveness, including the long use of the mark, results of a consumer survey, advertising expenditures, sales revenue, extensive media coverage, and customer statements. 2] 15 U.S.C.

Advertising 98

Advertising Advertising Trademark Registration 98

SpicyIP

JANUARY 23, 2022

We’re pleased to inform our readers that our former blogger, Rajiv Choudhry is offering an online course for preparation for the upcoming Patent Agent exam on 5th February, 2022. For further details, please see the announcement from him below. Online Course for Patent Agent Exam Preparation [February 5]. Best wishes to the exam takers!

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105

Patently-O

MARCH 11, 2024

7,072,849 and 7,076,443, relating to improvements in web-based advertising. 101 as directed to the abstract idea of “identifying advertisements based on search results.” Claims 15-17 of the ‘443 patent recite a method for providing advertisements related to search result items. Patent Nos.

Patent Application 75

Patent Application Advertising Advertising Patent 75

43(B)log

AUGUST 27, 2024

PNC interface, L; Plaid connection interface with PNC logo, R sample Plaid bank selection workflow PNC alleged that Plaid infringed its trademarks by replicating the authentic PNC log-on screen to get them to provide private financial information, allowing Plaid to collect their data. Counterfeiting is probably the most eye-opening charge.

Advertising 52

Advertising Advertising False Advertising Design 52

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.

Advertising 64

Advertising Advertising Design Designs 64

LexBlog IP

MAY 2, 2023

Last week , the European Commission (the Commission ) adopted the first designation decisions under the Digital Services Act ( DSA ) which designated certain services as Very Large Online Platforms ( VLOPs ) and / or Very Large Online Search Engines ( VLOSEs ) in accordance with Article 33(4) of the DSA.

Design 52

Design Designs Reporting Advertising 52

IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Design 57

Design Designs Social Media Privacy 57