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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. ” Dawgs brief.

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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. To prevent legal disputes, caution must be exercised to differentiate between the two.

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Voluminous Expert Testimony and Exhibits Insufficient on Their Own to Warrant Denial of IPR Institution

JD Supra Law

The Patent Trial and Appeal Board granted institution of inter partes review of a patent directed to delivery of targeted television advertisements. The board rejected patent owners argument that a lack of particularity as to the asserted grounds justified denial under 35 U.S.C.

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Harpic v. Domex Advertisement: Product Disparagement or Nominative Fair Use?

SpicyIP

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it. Legal Position on Comparative Advertisement.

Fair Use 105
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YouTubers Must Pay $3.5m Damages For Uploading 10-Minute Movie Edits

TorrentFreak

People generating advertising revenue from ‘Fast Movies’ certainly wouldn’t improve things either. Another key goal of media companies worldwide is to prevent pirate sites from generating revenue from advertising. Signs that movie companies were about to send a message trickled through last year.

Editing 145
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Incredible Fmovies Piracy Indictment is Not a “Stunning Victory” For Hollywood

TorrentFreak

Phan Thanh Cong was the programmer and manager, who also took care of advertisers and through that, handled the money; he allegedly took 90% of the spoils, leaving just 10% for his partner. The indictment focuses on one type of revenue, from a single source. emphasis ours).

Reporting 114
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New Copyright Lawsuit Targets Uploaders of 10-Minute Movie Edits

TorrentFreak

Those present, including CODA director Takero Goto, highlighted that the three defendants committed criminal acts when they uploaded the movie edits and then profited from advertising revenue.

Editing 145