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[Guest post] EUIPO Second Board of Appeal refers case to Grand Board of Appeal following earlier refusal to register a photograph of a man’s head/face as an EU trade mark

The IPKat

With this context in mind, it is no wonder that the EUIPO Second Board of Appeal, in Case R 50/2024-2 , concerning the earlier refusal to register the portrait of a Dutch entertainer as an EU trade mark (EUTM), decided to stay the proceedings and refer the matter to the Grand Board.

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Advertisers Freedom To Make Ads

IP and Legal Filings

Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between this and comparative advertising. The court referred to previous cases such as Pepsi Co. Hindustan Coca-Cola and Dabur India v.

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Austrian Supreme Court refers further questions for a preliminary ruling on the InfoSoc Directive

The IPKat

In the first case, the Austrian Supreme Court has referred the following questions to the CJEU (freely translated and shortened from the German original): 1. In the second case, the referred questions (freely translated and shortened from the German original) are the following: 1. Is "communication to the public" in Art.

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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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Advertising on Pirate Sites Outlawed in Ukraine Under New Law

TorrentFreak

Reforming media legislation is just part of Ukraine’s path to EU membership and during the summer, President Volodymyr Zelenskyy signed new legislation to update Ukraine’s advertising environment to standards required by the EU. Law of Ukraine No. From: TF , for the latest news on copyright battles, piracy and more.

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game spat expands beyond false advertising to TM and (c)

43(B)log

Skillz sued its competitor Papaya, alleging false advertising under federal and state law. That is, false advertising was sufficiently pled as to statements that games on Skillzs platforms did not use bots, matched players evenly, and allowed users to withdraw funds at any time. Skillz Platform Inc. Papaya Gaming, Ltd.,

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1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Technology & Marketing Law Blog

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Ariix, LLC v. NutriSearch Corp.,