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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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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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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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[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

For goods like clothing (Class 25), the image reflects the intended audience (men), and for goods and services in Classes 9, 16, 35, and 41, it conveys descriptive information, such as the individual depicted, rather than distinguishing the applicant’s goods and services from those of other undertakings.

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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.

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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.

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