IP and Legal Filings

NOVEMBER 6, 2022

As a result, the sector works closely with various performers, artists, authors, publishers, production companies, record labels, online content providers, broadcasters, advertising, distributors, etc. Or whether the agencies should be provided royalties for the same if the idea is used for marketing purposes after their contract has ended?

Ownership 52

Ownership Intellectual Property IP Contracts 52

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. Uber Technologies, the one you know about, was incorporated in 2010. describes its business as including graphic design like logos, stationery and brochures; promotional events and mailings; and consumer-oriented campaigns, like magazine advertisements.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

The IPKat

JULY 30, 2023

of the Trade Mark Directive states that trademark rights are exhausted if the goods bearing the trademark have been put on the market in the EEA (European Economic Area) by trademark owners or with their consent. However, how can trademark owners know for sure where second-hand products were initially put on the market? Article 15.1

Branding 97

Branding Brands Branding Advertising 97

IP and Legal Filings

JULY 21, 2022

For starters, social media is become an essential marketing platform for the majority of firms. Second, social media platforms are always developing online marketing tools to assist firms in reaching out to present and future clients. Hashtags are basically a series of words or phrases separated by a hash (#) symbol.

Trademark 80

Trademark Social Media Marketing Marketing 80

43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n I]n February 2010, Natorp’s began using approximately 24 of McCleese’s photos on its commercial website.” Along with copyright claims, McCleese asserted Lanham Act false advertising claims. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No.

Copying 64

Copying False Advertising Social Media Advertising 64

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. It has been explicitly declared in settled EU case law (such as in case C-398/08 P, Audi) [2010] that applying higher standards to slogan marks than to other types of marks is incorrect. Introduction.

Trademark 54

Trademark Advertising Advertising Registration 54

The IPKat

SEPTEMBER 27, 2023

Earlier, before the movie started, you watched an advertisement for a soft drink, presented by none other than Marilyn Monroe and James Dean. Protection is against unauthorized commercial use, such as in advertising. The lights dim, and the film rolls. Bruce Lee enters the frame, encountering a young Sylvester Stallone as Rocky.

Personality Rights 129

Personality Rights Advertising Advertising Publishing 129

SpicyIP

AUGUST 8, 2023

The plaintiff’s case was a standard trademark infringement and passing off plea, founded upon its extensive advertisements, market share, goodwill and reputation and the defendant using a similar website and the word ‘MODERN’ in its marks.

Trademark 98

Trademark Registration Advertising Advertising 98

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

The TTABlog

AUGUST 3, 2022

Petitioner sunk its own claim that its marks acquired distinctiveness in 2008 by testifying that its sales that year were $256; furthermore there were no advertising expenditures during 2008-2010. Its sales figures prior to 2014 (totaling $514,798) were "unimpressive."

Law 52

Law Registration Designs Design 52

43(B)log

OCTOBER 4, 2021

22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” J-B Weld began in 2010 to sell theadlockers under the “Perma-Lock” name.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

The TTABlog

FEBRUARY 22, 2022

96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , Applicant did not provide direct evidence of acquired distinctiveness, such as survey evidence or consumer declarations, but instead relied on circumstantial evidence regarding its length of use, advertising expenditures, sales, and number of users.

Service Mark 76

Service Mark Advertising Advertising Registration 76

LexBlog IP

NOVEMBER 17, 2022

Design specialist Harry Brignull coined the term “dark patterns” in 2010 to capture design practices used to trick or manipulate users into taking certain actions. Heeding to the guidance produced by the FTC, ultimately, marketing tactics may attract customers but should not be intended to deceive them. What are dark patterns?

Privacy 52

Privacy Reporting Advertising Advertising 52

43(B)log

FEBRUARY 3, 2023

Sure, says the market, but I’ll take a little less quality for a lot less $. Maybe the consumer base will stave this off for music since the market is different/less focused on advertisers. Widespread piracy corroded the traditional model—pirated PC games were 4x authentic copies in UK in 2010. What we do has value.

Copyright 59

Copyright Music Marketing Marketing 59

Technology & Marketing Law Blog

JUNE 10, 2022

Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising? HDR appeared first on Technology & Marketing Law Blog. The court rejects both claims. But Facebook’s content wasn’t snarfed, and the mods may not care as much as other users).

Privacy 135

Privacy False Advertising Contracts Advertising 135

Garrigues Blog

FEBRUARY 5, 2024

Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS. .” The CJEU clarified the scope between the two versions at the request of the Supreme Court.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

43(B)log

JANUARY 18, 2023

The complaint alleged that market research indicates that many Americans prefer foods and drinks with “free from” claims because they believe such products are more natural, healthier, and less processed, and that they are willing to pay more for such products.

Marketing 106

Marketing Marketing False Advertising Advertising 106

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

In 2010, J&P Park Acquisitions, Inc. In October 2010, Poulsen and JPPA executed a Joint Notification pursuant to which JPPA acknowledged Poulsen was the exclusive owner of all right, title and interest in the INGRID BERGMAN mark.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

JANUARY 31, 2022

21, 2021) Though TocMail made it past a motion to dismiss , it failed at the summary judgment stage in its claim that Microsoft falsely advertised its link scanning service’s capabilities, thus locking TocMail out of a big market. Safe Links is part of Microsoft’s anti-phishing and anti-malware Defender package.

False Advertising 59

False Advertising Advertising Advertising IP 59

Technology & Marketing Law Blog

JULY 6, 2021

As an example of Backpage’s ad moderation, the Government alleges that in 2010, Ferrer (a co-creator and onetime CEO of Backpage) received an email from law enforcement expressing concern about ads containing the term “amber alert.” Some of the photographs depicted graphic sex acts. and ‘Approve. Rear shot okay. Mills , No.

Editing 58

Editing Government Advertising Advertising 58

43(B)log

FEBRUARY 3, 2024

Accidental” addition of medical marijuana IDs in 2010 led to rise in applications; withdrawn. A: will be talking to PTO historian; they ended up offering to refund fees to 2010 applicants if they’d abandon them, so may never find out what happened there. Eric Johnson: have they been successful in pushing others out of the market?

Designs 59

Designs Design Law Design Patent 59

IP and Legal Filings

OCTOBER 20, 2022

Further, the section also provides that in case a pre-packaged commodity is advertised, then such advertisements shall also declare the net quantity or number of the commodities contained in the package along with the retail price. [1]. After this date, the product should not be marketed/ sold. [12]. Image source:Gettyimage].

Advertising 71

Advertising Advertising Due Diligence Government 71

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price. 1-800 Contacts v. Intel Corp.,

Licensing 89

Licensing Copyright Contracts Advertising 89

SpicyIP

OCTOBER 27, 2023

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour Srijaa Grover and Yaggya Kapoor Harry Brignull introduced the concept of “dark patterns” in 2010, describing them as deceptive tactics aimed at boosting conversion rates. The DoCA had illustrated 10 practices as dark patterns. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

The IPKat

JANUARY 25, 2024

Background In 2010, Buongiorno Myalert SA (Buongiorno), an Italian mobile apps and services provider, launched an advertising campaign for a paid subscription to a multimedia messaging service, marketed under the name ‘Club Blinko’.

Advertising 67

Advertising Advertising Law Marketing 67

Kashishipr

AUGUST 24, 2022

A trademark refers to any mark capable of being represented graphically, identifying the products or services of one and distinguishing them from those of others in the market. The same is done through the Nice Classification of Goods and Services , which, in 2010, added Class 43 for restaurants and hotels.

Trademark 52

Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

APRIL 27, 2022

This particular lawsuit targets Craigslist even though Craigslist shut down its adult services category in 2010, eight years before FOSTA was enacted, and some of the ads in question are from 2008 or before. Craigslist appeared first on Technology & Marketing Law Blog. This is one of many FOSTA cases in process. 230’s Immunity.

Blogging 105

Blogging Law Publishing Editing 105

The IPKat

OCTOBER 15, 2021

Stone had began marketing an online ‘metaphysical education’ course under the brand ‘ARCHANGEL ALCHEMY’ in or around July 2019, with the course first starting on 23 September 2019 and running until 21 September 2020. In that regard, the use made of the sign in advertising and commercial correspondence is of particular relevance.”

Business 83

Business Social Media Registration Intellectual Property 83

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Overturning Tiffany v.

Trademark 137

Trademark False Advertising Advertising Advertising 137

The IPKat

JUNE 11, 2022

On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9. Appeals were dismissed by the Fourth Board of Appeal (BoA) on the basis that evidence had to prove genuine use of the mark in the five years preceding the Cancellation Division’s decision (i.e.,

Advertising 97

Advertising Advertising Reporting Branding 97

Technology & Marketing Law Blog

SEPTEMBER 1, 2021

Google (2010) and Cross v. Although the publishing of Plaintiffs’ most private and intimate information for profit might be a gross invasion of their privacy, it is not a misappropriation of their name or likeness to advertise or promote a separate product or service. Marketing, L.L.C, Publicity Rights. 3d 319, 322 (Cal.

Privacy 101

Privacy Blogging Advertising Advertising 101

Technology & Marketing Law Blog

MAY 28, 2022

these features demonstrate that craigslist materially contributed to the advertisements L.H.’s I’m still incredulous that we’re litigating Craigslist’s activity from 2010 or before. Marriott appeared first on Technology & Marketing Law Blog. The plaintiff’s. According to L.H., For example, L.H.

Blogging 110

Blogging Publishing Confidentiality Editing 110

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. And yet…a #MAGA Ohio judge sealioned his rejection of Google’s motion to dismiss. at greater risk.

Law 114

Law Social Media Government Privacy 114

43(B)log

AUGUST 11, 2022

Around 2010, some studios started enforcing, e.g., Twentieth Century Fox sued over copying of plot of Phone Booth and was successful. But there was pressure from the market: this is a business trying to make money. Comparative advertising is another example of free riding that is actually a very good idea.

IP 72

IP Copying Marketing Marketing 72

Technology & Marketing Law Blog

MAY 26, 2022

The court finds a way around this too: The State has alleged that in lieu of charging a fee directly to its users, Google collects each user’s data, which is then monetized by selling targeted ad space to its advertisers. ” Search engines are two-sided markets, mediating between searchers and publishers. Seriously???)–Ohio

Publishing 110

Publishing Marketing Marketing Law 110

Patently-O

DECEMBER 12, 2021

21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22]

Registration 69

Registration Government Advertising Advertising 69

Above the Fold

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. 2010) (citing Lee v. 2010) (quoting Payless Shoesource, Inc. Scenario 2: Protecting Novel Designs by Patent. 2d 1214, 1217 (S.D. 10] See OddzOn Prods., Just Toys, Inc. ,

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40