43(B)log

JANUARY 13, 2023

Statutory damages/attorneys’ fees: Five 18 argued that Wolf didn’t register any of the named copyrights within three months of publication, and that the alleged infringements of the copyrights predated the effective dates of registration. But what about false advertising? Dastar barred a passing off claim.

False Advertising 72

False Advertising Advertising Advertising Registration 72

43(B)log

MARCH 10, 2025

6, 2025) A frivolous lawsuit against comparative advertising; the court gets the right result at least. Even if the marks were famous, the comparative advertising and parody exclusions applied. [W]hen Solar Now Puerto Rico, LLC, 2025 WL 725078, NO. 24-1570 (RAM) (D.P.R. Nor did Windmar successfully plead fame for dilution.

Advertising 52

Advertising Advertising Social Media Fair Use 52

43(B)log

OCTOBER 9, 2023

Amazon’s Brand Registry advertises “Automated Protections” that are “[p]owered by Amazon’s Machine Learning.” False advertising, Lei defendants: The complaint didn’t explain how “designed in the United States but … manufactured in China” was materially deceptive and thus didn’t meet FRCP 9(b) pleading standards.

Advertising 72

Advertising Advertising Branding Branding 72

Plagiarism Today

FEBRUARY 23, 2022

” The decision was made by the three-person Copyright Review Board, which was reviewing an earlier denial of registration by the U.S. The lawsuit claims that the song is a valuable licensing asset and notes that it has appeared in several films, TV shows and advertisements. Copyright Office on the work.

Copyright 246

Copyright Copyright Infringement Licensing Marketing 246

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. They have a registration for that.

Trademark 189

Trademark Registering Trademarks Registration Designs 189

Erik K Pelton

FEBRUARY 4, 2025

A patent registration generally lasts for 20 years from the time the application was filed. For patents, there is no symbol, but you will often see fine print about patent pending or patent registration number. A trademark registration can use the symbol. Trademarks get registered with the USPTO.

Trademark 130

Trademark Copyright Intellectual Property Patent 130

JD Supra Law

JUNE 18, 2024

extension that will see it becoming available to all registrants without restriction towards the end of this year. Once liberalised, the extension has the potential to generate significant interest among registrants as a pseudo generic, or “domain hack” (like Montenegro’s.ME By: Hogan Lovells

Registration 108

Registration Advertising Advertising 108

The TTABlog

MARCH 20, 2023

In a whopping 163-page opinion, the Board granted a petition for cancellation of two registrations for the configuration of safety helmets, rejecting Petitioner Honeywell's Section 2(e)(5) functionality claim but sustaining Honeywell's claim of lack of acquired distinctiveness. In re Morton-Norwich Prods.,

Registration 68

Registration Advertising Advertising Designs 68

43(B)log

APRIL 18, 2023

ZimVie intervened and counterclaimed for declaratory judgment of invalidity, cancellation fo the color marks registration, declaratory judgment of noninfringement, false advertising under the Lanham Act and California law, and tortious interference. ZimVie responded that the commercial speech exception applied.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

Erik K Pelton

NOVEMBER 19, 2024

It is important to take a few minutes to search and make sure a name is unique, to file the name with the USPTO to register it, and to hire an experienced trademark attorney to handle the registration process. The post 10 reasons that small businesses need to protect their trademarks appeared first on Erik M Pelton & Associates, PLLC.

Business 130

Business Trademark Social Media Branding 130

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. ” But the trademark registration was over 5 years old, so it had become “incontestable.” ” That prompted this litigation. ” The right answer should be “no one.”

Trademark 129

Trademark Advertising Advertising False Advertising 129

Erik K Pelton

NOVEMBER 15, 2021

On other promotional products in general; on conference giveaways; on tote bags; by framing your trademark registration certificate and hanging it in the office or on the wall; on invoices; on receipts; on checks or e-checks. On media kits; on folders; in brochures; on travel bag tags.

Trademark 147

Trademark Branding Branding Brands 147

The IPKat

AUGUST 17, 2022

In a somewhat comparable situation, a trade mark holder has surrendered some of their registered marks, even though they were accepted by the UK Intellectual Property Office (IPO), after receiving public backlash against the registrations. What does this mean for the hundreds of other registrations that include these, or similar, words?

Social Media 137

Social Media Registration Intellectual Property Ownership 137

JD Supra Law

JANUARY 9, 2024

All too often, sophisticated and amateur infringers alike copy content from news websites without permission and pass it off as their own – in many cases forcing legitimate news organizations to compete with their own content for views and advertising dollars. By: Wiley Rein LLP

Registration 73

Registration Copyright Journalism Copyright Infringement 73

43(B)log

APRIL 29, 2024

It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times. False advertising: Only ok against Kitchen Cube. The breach of contract claim survived.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

The TTABlog

DECEMBER 8, 2022

In an exhaustive 107-page opinion, the Board granted petitions for cancellation of two registrations on the Supplemental Register for the color pink applied to the entire surface of hip joint implants, on the ground of Section 2(e)(5) functionality. C5 Medical Werks, LLC v. CeramTec GmbH , Cancellations Nos. Text Copyright John L.

Registration 72

Registration Advertising Advertising Blogging 72

The IPKat

NOVEMBER 11, 2022

Bobo Vieri during his Juventus tenure Can the unauthorized production (minting), advertising, and offer for sale of a non-fungible token (NFT) infringe one’s own trade mark rights? The Rome Court of First Instance answered ‘yes’ in the context of a successful application for a preliminary injunction made by Juventus F.C.

Non-Fungible Tokens 145

Non-Fungible Tokens Advertising Advertising Registration 145

SpicyIP

JANUARY 23, 2022

Apart from this, I will separately send out a drafting template for specification, and a complete patent prosecution file to the registrants on their email address. Questions regarding the registration, course pedagogy, waivers in fees etc. Questions regarding the registration, course pedagogy, waivers in fees etc.

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105

43(B)log

FEBRUARY 17, 2025

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.,

False Advertising 52

False Advertising Advertising Advertising Trademark 52

Erik K Pelton

MAY 23, 2022

Did you realize that some of these professional gamers who stream their performances and work on Twitch or YouTube or other platforms have millions of followers, make money in endorsements, make money in advertising, make money selling merchandise, and more. Some of them are, and kudos to them. I could go on, but you get the point.

Trademark 162

Trademark Social Media Branding Branding 162

TorrentFreak

FEBRUARY 23, 2023

Domain Name Registrations Surge According to Russian cybersecurity firm Angara Security , registrations of domain names with a movie or TV show theme began to surge at the start of the month. The company says that between February 1 and February 10 alone, registrations were up 64% on similar registrations for the whole of January.

Cinema 145

Cinema Registration Reporting Licensing 145

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

TorrentFreak

JULY 20, 2022

Like PrimeWire’s domains, HydraWire’s has hidden registration details and sits behind Cloudflare. The MPA’s investigators have also been monitoring the /r/primewireli sub-Reddit where posts advertising HydraWire as the PrimeWire alternative were left up and those referring to competing services were taken down.

Advertising 145

Advertising Advertising Business Copying 145

Intellectual Property Law Blog

MAY 2, 2023

Copyrights On March 16, 2023 the Copyright Office issued Guidance on the examination and registration of works that contain material generated by AI technology. For pending applications and registrations that have already issued, the applicant must update them to meet the duty of disclosure.

Government 237

Government Business Licensing Technology 237

Intepat

MAY 29, 2024

This blog delves into the essentials of trademark user affidavits, highlighting their significance, the information they must contain, and best practices for drafting them to ensure a successful registration process. This makes the Trademark User Affidavit an indispensable document in the registration process.

Registration 52

Registration Trademark Advertising Advertising 52

Erik K Pelton

NOVEMBER 3, 2020

Television advertising. And, it’s even more helpful to hire an experienced trademark attorney to handle the registration process. There are decisions about expenses that tug at small business owners every single day—rent, new equipment, software programs, advertising budgets, personnel, and many more. Corporate attorney.

Business 130

Business Trademark Cease and Desist Branding 130

IP Watchdog

MAY 2, 2022

This week in Washington IP news, Senate committees are planning to host hearings on the applications that artificial intelligence can have in cyberspace, both for good and bad actors, as well as legislative proposals that could force social media platforms to increase transparency regarding algorithms for targeted advertising and news feeds.

Technology 105

Technology Social Media IP Editing 105

Patently-O

OCTOBER 3, 2021

Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. The TTAB gave little weight to the fact that the agency has issued registration certificates on many different shoe designs. TBL Complaint.

Trademark 132

Trademark Registration Advertising Advertising 132

43(B)log

FEBRUARY 26, 2024

The advertising bit: Defendants allegedly misled New York customers into “believing that unfinished frames and receivers are legal workarounds to New York’s gun control laws, as well as federal law.” came in the midst of other advertising language, such as “Various colors available,” and “no RED TAPE. It was not. NO Registering.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

IP and Legal Filings

JUNE 10, 2024

The plaintiffs argued that the in Parle Agro’s label, “For the Bold” was prominently displayed and emphasis was given to the contested tagline in all the advertising campaigns. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court. For the Bold!”

Trademark 98

Trademark Registering Trademarks Advertising Advertising 98

IP Intelligence

MAY 9, 2024

Color marks are considered inherently nondistinctive for the purpose of eligibility for federal trademark registration. Post originally sought registration of trade dress comprising both the shape and colors of its Fruity Pebbles cereal. puff rice balls and other shapes). 1] In re Post Foods, LLC , Serial No. 88857834 (TTAB Jan.

Advertising 98

Advertising Advertising Trademark Registration 98

The TTABlog

AUGUST 19, 2024

In a "somewhat unusual" Section 2(d) cancellation proceeding targeting a Supplemental Register registration and involving "dueling claims of acquired distinctiveness," the Board granted a petition for cancellation of Fieldvine's Inc's registration for the mark PERMITS.COM for construction permit services.

Registration 49

Registration Advertising Advertising Service Mark 49

Plagiarism Today

APRIL 11, 2022

After the brand is registered, the user then registers various intellectual properties including trademarks, copyrights and patents, The form does ask if the property is registered or not and, if it is, requires that the user provide the registration number and location. The system itself has not been very broadly advertised.

IP 264

IP Intellectual Property Reporting Branding 264

Kashishipr

SEPTEMBER 8, 2021

Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement. In the case of USPTO vs. Booking.com, the owners of the domain Booking.com had filed applications seeking registration of the trademark BOOKING.COM. The appellate board did not interfere with the decision. Scholastic Inc.

Trademark 105

Trademark Registration Branding Branding 105

Plagiarism Today

OCTOBER 26, 2021

The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark.

Trademark 279

Trademark Copyright Cease and Desist Copying 279

TorrentFreak

OCTOBER 10, 2022

In order to work legally in Italy, journalists must obtain registration from Ordine dei Giornalisti (Order of Journalists, ODG), a state-approved body that has been responsible for regulating the profession since 1963. While registration and regulation of journalists is controversial, ODG is seen as a champion of its members’ rights.

Advertising 144

Advertising Advertising Cinema Copyright Infringement 144

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .”

Registration 132

Registration Fair Use Copyright Design 132