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 Branding 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 Branding 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 128

Marketing Marketing Privacy Intellectual Property 128

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.

Designs 96

Designs Design Advertising Advertising 96

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

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

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.

Designs 90

Designs Design Advertising Advertising 90

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 111

Designs Design Public Domain Advertising 111

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

SEPTEMBER 28, 2021

14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” Effervescent, Inc., 2021 WL 4170997, No. 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D.

False Advertising 83

False Advertising Advertising Advertising Invention 83

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 Designs 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

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

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

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

OCTOBER 28, 2024

May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which I guess says something about a jury’s ability to distinguish claims. Email communications repeatedly referenced Sanho’s design, and expressed a desire to use similar elements in its own product.

False Advertising 59

False Advertising Advertising Advertising Designs 59

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.

Designs 64

Designs Design Advertising Advertising 64

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 132

IP Intellectual Property Marketing Marketing 132

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

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.

Designs 75

Designs Design Registration Trademark 75

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

43(B)log

FEBRUARY 26, 2024

23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. Defendants contended that marketing unfinished frames and receivers as “legal” was protected by the First Amendment. Arm or Ally, LLC, 2024 WL 756474, No. It was not.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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

TorrentFreak

OCTOBER 13, 2021

In response to a request from the Office of the US Trade Representative (USTR), the Entertainment Software Association (ESA) has submitted a list of so-called ‘Notorious Markets’ to the US government. However, the ESA highlights the importance of the site to the Nintendo Switch piracy market. “As the U.S.

Reporting 140

Reporting Government Marketing Marketing 140

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

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.” ” So what exactly did Facebook do to forego Section 230 protection?

Advertising 111

Advertising Advertising Marketing Marketing 111

TorrentFreak

JANUARY 19, 2024

Among them were uhuseries.com, owlserieshd.com, and ahaseries.com, relatively popular streaming platforms targeting the Thai market. 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.

Advertising 128

Advertising Advertising Intellectual Property Settlement 128

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

Technology & Marketing Law Blog

FEBRUARY 7, 2024

The designation on Mr. Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. Case Citation : Roland v.

Advertising 111

Advertising Advertising Designs Design 111

TorrentFreak

FEBRUARY 24, 2023

After thriving in what was once a localized traditional market, Japanese comics known as ‘manga’ took the world by storm. Publishers and authors could only watch as their work fueled a huge but unlicensed black market. It’s complex and messy, almost certainly by design.

Publishing 143

Publishing Advertising Advertising Music 143

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 59

Marketing Marketing False Advertising Advertising 59

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Cite to Ohio State v.

Artwork 119

Artwork Trademark Publishing Marketing 119

SpicyIP

AUGUST 8, 2024

This is what was seen in the recent case of M/s KG Marketing of India v. KG Marketing India, through its proprietor, Mr. Karan Kumar, against Rashi Santosh Soni and Santosh Soni (the defendants) to seek an injunction to prevent the use of the trademark “SURYA”. Rashi Santosh Soni & Anr.

Trademark 111

Trademark Marketing Marketing Advertising 111