The IPKat

AUGUST 16, 2021

Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. So the market is busy, growing and lucrative. So what is going on? Let’s start at the beginning.

Patent Troll 86

Patent Troll Marketing Marketing Patent 86

43(B)log

MAY 2, 2022

15, 2021) (R&R) This long and citation-heavy opinion would be a good cheat sheet for looking at class action settlement approvals generally, especially in the 11th Circuit. But when it comes to surveys or, here, approving settlements, matters can differ.

Settlement 118

Settlement Advertising Advertising Marketing 118

Technology & Marketing Law Blog

SEPTEMBER 20, 2021

As my declaration explains, I estimate that over 10,000 defendants have been ensnared in this litigation net in the past 15 months or so. GmbH as a Possible Trademark Troll appeared first on Technology & Marketing Law Blog. While the defendants’ names remain sealed, Emoji Co. then voluntarily dismisses the defendants.

Trademark 145

Trademark Fair Use Settlement Blogging 145

Technology & Marketing Law Blog

JULY 26, 2022

You can get less damages than the cost of litigation, so the whole effort is unprofitable. The court says this lawsuit qualified: “LVSA litigated this case in an unreasonable manner. Its claims were tenuous at best, and that should have been apparent from the outset to its counsel, who has litigated numerous such lawsuits.”

Trademark 119

Trademark Advertising Advertising Litigation 119

LexBlog IP

MARCH 6, 2024

announced it has signed a settlement agreement with Bayer Inc. The settlement resolves multiple patent infringement proceedings in the Federal Court of Canada. patent litigation related to biosimilars of EYLEA (aflibercept) can be found on the Big Molecule Watch’s BPCIA Litigation Tracker. Extensive cover of U.S.

Marketing 52

Marketing Marketing Settlement Litigation 52

Intellectual Property Law Blog

DECEMBER 15, 2023

Furthermore, the Federal Circuit found the declaration was conclusory and failed to establish that Allgenesis had any concrete plans to develop and bring to market a nintedanib treatment for pterygium. Accordingly, the Federal Circuit concluded that Allgenesis failed to show an injury in fact based on potential infringement liability.

Marketing 162

Marketing Marketing Settlement Patent 162

Technology & Marketing Law Blog

NOVEMBER 22, 2022

Three cases have filed a “notice of settlement,” though some of the other dismissals may reflect undisclosed settlements. We believe this shows that understanding the law does not improve the perceived benefits of the CASE Act venue relative to traditional copyright infringement litigation.

Copyright 145

Copyright Fair Use Settlement Blogging 145

JD Supra Law

FEBRUARY 6, 2024

Through tactical litigation practices, copyright trolls rely on copyright law to allege infringement and threaten major statutory damages upon unsuspecting defendants.

Intellectual Property 74

Intellectual Property Copyright Settlement Copyright Law 74

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Even though this is an obviously stupid legal theory that wasn’t worth anyone’s time or money, Edible turned to an Atlanta litigation boutique (shoutout to Bondurant Mixson & Elmore LLP!!!) 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. They could not.

IP 141

IP Advertising Advertising Trademark Law 141

Technology & Marketing Law Blog

JANUARY 9, 2022

GmbH as potentially a trademark troll due to their high litigation volume and dubious litigation tactics. Dear [smiley]” formed a settlement agreement. The post 2021 Emoji Law Year-in-Review appeared first on Technology & Marketing Law Blog. I wrote an expert opinion characterizing Emoji Co.

Law 145

Law Registration Settlement Litigation 145

Technology & Marketing Law Blog

MARCH 3, 2022

” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. .” ” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. ” Amount Taken. This case is another in the line.

Fair Use 116

Fair Use Litigation Marketing Marketing 116

LexBlog IP

DECEMBER 13, 2023

The post Janssen and Samsung Bioepis Settle STELARA (Ustekinumab) Litigation appeared first on Big Molecule Watch.

Litigation 52

Litigation Settlement Licensing Marketing 52

Technology & Marketing Law Blog

JUNE 8, 2024

We usually get ours at the local farmers market.] ” That prompted this litigation. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. OxBlue * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit? ” Say what?

Trademark 129

Trademark Advertising Advertising False Advertising 129

TorrentFreak

MAY 31, 2022

As detailed in our previous reporting , Voltage Holdings is a member of FACT Administration LLP , a UK corporate structure behind the latest settlement scheme. FACT Administration LLP) to mitigate risks to rightsholders, should copyright litigation go badly for them. .” FACT Administration LLP. Good luck with that too.

Settlement 144

Settlement Intellectual Property Government Copyright 144

Technology & Marketing Law Blog

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” The post My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry appeared first on Technology & Marketing Law Blog. I would welcome yours.

IP 105

IP Intellectual Property Journalism Settlement 105

Technology & Marketing Law Blog

JANUARY 12, 2022

Since the resolution of that litigation, click fraud issues have largely faded into the background, flaring up only occasionally. Byrd. * Click Fraud Resources. * Miva Securities Litigation Rejects Most Click Fraud/Syndication Fraud Claims. * Click Fraud Lawsuit Survives Motion to Dismiss–Payday Advance v.

Advertising 113

Advertising Advertising Settlement Blogging 113

JD Supra Law

AUGUST 3, 2022

The Seventh Circuit issued this week a long-awaited opinion in the HUMIRA antitrust litigation, UFCW Local 1500 Welfare Fund v. created a “patent thicket” around HUMIRA to block biosimilars from entering the market and entered into “reverse payment” settlement agreements with biosimilar applicants to further delay entry. .

Litigation 52

Litigation Settlement Marketing Marketing 52

Patently-O

NOVEMBER 27, 2023

An exotic insurance product has recently taken the litigation world by storm. 1] Now, it’s hard to avoid; a brief Internet search will turn up hundreds of hits and dozens of explainer articles by insurance brokers, law firms, and litigation funders extolling the benefits and pitching such policies to appellants.

Settlement 83

Settlement Litigation Branding Brands 83

Technology & Marketing Law Blog

NOVEMBER 16, 2024

” [The $2,500 amount was suggested by the presiding judge at a settlement conference, which the defendant turned into an offer of judgment.] However we get there, the overall litigation enterprise here makes no economic sense. KMC appeared first on Technology & Marketing Law Blog.

Copyright 102

Copyright Settlement Licensing Litigation 102

TorrentFreak

FEBRUARY 11, 2023

In May 2018, a massive copyright infringement lawsuit targeted PrimeStreams, one of the most recognizable pirate IPTV brands ever to hit the market. Citing a confidential settlement agreement between the parties, the lawsuit was dismissed with prejudice , meaning that it cannot be refiled.

Settlement 110

Settlement Confidentiality Copyright Infringement Television 110

Traverse Legal Blog

JULY 14, 2022

If the infringer does not comply, this cease and desist letter now becomes evidence in your trademark infringement litigation. If a cease and desist letter does not clear up the matter, then it may be time to litigate. How much do you spend on marketing related to your trademark? Litigation is always unpredictable.

Cease and Desist 98

Cease and Desist Trademark Litigation Intellectual Property 98

IP Law 360

MARCH 24, 2023

Plaintiffs counsel in a class action from consumers who alleged Allergan and Merz delayed generic versions of Alzheimer's drugs from coming to market will be awarded 33.3%, plus litigation expense reimbursement, of an eight-figure settlement.

Settlement 40

Settlement Litigation Marketing Marketing 40

Technology & Marketing Law Blog

MARCH 8, 2024

As a super-notice, it can produce cash payouts from settlements or default judgments (which are enforced against the cash held at the online marketplace, so they have actual value). If there are 1,000 SAD Scheme cases a year with 200 defendants each, there are 200,000 SAD Scheme trademark defendants in litigation every year.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

SpicyIP

SEPTEMBER 18, 2023

Furthermore, the continuous sales done by the violating party flood the market with infringing products where they are sold at a fast pace on a regular basis. There is a strong chance that the violating party may on the receipt of the cease-and-desist notice stop the sale of the infringing products in the market.

Cease and Desist 115

Cease and Desist Intellectual Property Law Settlement Copyright Infringement 115

Technology & Marketing Law Blog

DECEMBER 19, 2021

1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon. * More Evidence Why Keyword Advertising Litigation Is Waning. * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. Luxy appeared first on Technology & Marketing Law Blog.

Advertising 111

Advertising Advertising Settlement Trademark 111

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. As a result, we’ve seen very, very few successful 512(f) enforcements.

Registration 132

Registration Fair Use Copyright Design 132

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. SETTLEMENT CASES. 9] Both parties reached an amicable settlement. [10] 9] Both parties reached an amicable settlement. [10]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Technology & Marketing Law Blog

NOVEMBER 28, 2022

As I teach my students, Porta-Fab should have spent its enforcement budget on more marketing instead of more lawyers, which almost certainly would produce a higher ROI than this lawsuit did. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 111

Advertising Advertising False Advertising Trademark 111

TorrentFreak

JANUARY 2, 2024

The company first launched a proactive lawsuit against music rights group BMG in 2016, which ended in a settlement. “As a result, Plaintiffs request to join Screen Media and its 320+ copyrighted works to this litigation is denied,” Judge Bongiovanni added.

Copyright Infringement 121

Copyright Infringement Copyright Litigation Settlement 121

Technology & Marketing Law Blog

MAY 13, 2023

1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. Amazon * More Evidence Why Keyword Advertising Litigation Is Waning * Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. Bye, Goff appeared first on Technology & Marketing Law Blog.

Law 105

Law Advertising Advertising False Advertising 105

Technology & Marketing Law Blog

AUGUST 17, 2021

BONUS : Plaintiffs allege that the marketing rights that Stevens and Hughes purchased from Google and Facebook directed searches for the Blaux brand to [link] where Stevens and Hughes sold products that competed with the Blaux portable air conditioner. What are “marketing rights”??? Case citation : Jim S. Adler, P.C.

Advertising 105

Advertising Advertising Trademark Settlement 105

Technology & Marketing Law Blog

AUGUST 30, 2023

“Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” The litigants directly compete. ” Marketing channel. ” Relatedness of goods.

Advertising 98

Advertising Advertising False Advertising Trademark 98

The IPKat

JUNE 21, 2022

While Conde Gallego argues in favour of “license to all”, the issue will have to be resolved by the CJEU, especially in light of the extensive SEP-related litigation in the automotive sector. Yet, argues Mazziotti, some issues remain unresolved, such as the market power of online gatekeepers.

Intellectual Property 126

Intellectual Property Invention Social Media IP 126

43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Effect on the market: Harm was implausible. The fact that he extracted settlements from alleged infringers does not a real market make. at 566–69.”

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Technology & Marketing Law Blog

JUNE 6, 2022

The law student practice option seems more like regulatory supply-side thinking (i.e., “wouldn’t it be great if free student labor helped otherwise unrepresented litigants in this small claims court?”), appeared first on Technology & Marketing Law Blog. Implications. Are You Excited?

Copyright 142

Copyright Registration Settlement Law 142

IAM Magazine

NOVEMBER 5, 2021

An August litigation settlement with the Chinese giant means that 55% of the market is now taking licences from the firm.

Licensing 52

Licensing Settlement Marketing Marketing 52

Technology & Marketing Law Blog

OCTOBER 6, 2023

I’m sure ShutterStock would have written a $2,131 settlement check to avoid the litigation. ShutterStock appeared first on Technology & Marketing Law Blog. Is the attorneys’ fee shift motivating some or all of this lawsuit? Otherwise, this case appears to be economically irrational. ShutterStock. ShutterStock, Inc. ,

Licensing 98

Licensing Blogging Settlement Litigation 98