The IPKat

MARCH 17, 2024

Importantly for this case, VCC produces two types of expensive French red wine involving various up-market grape types. Kreglinger's first vintage of the wine promoted and sold as "New Certan" was the 2011 vintage, released in 2013. For the earliest vintages, the label depicted the de Moor family home on their vineyard in Tasmania.

Designs 107

Designs Design Marketing Marketing 107

Technology & Marketing Law Blog

AUGUST 30, 2023

For example, 9th Circuit courts used the “Internet trinity” factors in the 2000s, and then switched in 2011 to a unique four-factor test from the Network Automation. ” Marketing channel. ” Relatedness of goods. The litigants directly compete. Mark similarity. ” Actual confused. “Undetermined.”

Advertising 86

Advertising Advertising False Advertising Trademark 86

SpicyIP

SEPTEMBER 18, 2023

Hons) LLB from NALSAR, Hyderabad in 2011 and MSc from Oxford, UK in 2012. 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. His predominant areas of practise are Arbitration, Commercial and Intellectual Property Laws.

Cease and Desist 115

Cease and Desist Intellectual Property Law Settlement Copyright Infringement 115

TorrentFreak

FEBRUARY 15, 2022

Since 2011, the High Court has ordered ISPs to block access to many popular pirate sites. ‘Notorious Market’ What we do know is that the MPA has had Mixdrop on its radar for a while now. as a “notorious” piracy market in its most recent submission to the US Trade Representative.

Copying 97

Copying Television Intellectual Property Copyright 97

TorrentFreak

NOVEMBER 24, 2022

It’s perhaps fitting that sites that relied heavily on copying are being copied themselves; the original operators can hardly complain about that. In 2011 the file-hosting service was added to Hollywood’s list of notorious pirate sites and subsequently featured in the U.S. Government’s notorious markets report.

Advertising 95

Advertising Advertising Copying Branding 95

LexBlog IP

SEPTEMBER 22, 2022

It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category. The Ninth Circuit noted that the presence of at least two factors, such as intentional copying and survey evidence, can be sufficient to avoid summary judgment on a trade dress infringement claim.

Copying 52

Copying Marketing Marketing Advertising 52

Technology & Marketing Law Blog

JULY 14, 2022

Sifuentes got a Dropbox account in 2011. Dropbox says it has amended its TOS twelve times since 2011, including adding the arbitration clause in 2014. [NB: Dropbox appeared first on Technology & Marketing Law Blog. I hope it’s not. * * *. The Court Opinion. The court says Dropbox properly formed the TOS. Why so long?

Contracts 109

Contracts Blogging Business Law 109

IPilogue

FEBRUARY 28, 2023

At the request of De Fontbrune , in 1998, the police confiscated copies of Wofsy’s book, and De Fontbrune sued for copyright infringement. In 2011, to enforce the decision in the States, De Fontbrune brought the case to California who ruled in Wofsy’s favour in 2019.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

Copyright Lately

MAY 17, 2021

In 2011, when “Saturday Night Live” guest host Jason Segel was promoting the new Muppet movie, he was joined by several Muppets from the film, voiced and performed by their real actors and puppeteers. Jason Segel and the Muppets on SNL (2011). Kermit the Frog and Robert De Niro on SNL (2004).

Fair Use 96

Fair Use Copying Television Social Media 96

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. 382/2011; Court of Appeals of Athens decision No. Endnotes (1) Decision No. 2916/2022. (2) 438/2018. (6)

Copying 52

Copying Copyright Law Copyright Editing 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Michael Geist

AUGUST 3, 2021

Access Copyright launched the lawsuit against York over copying it said took place from 2011 to 2013, seeking to enforce a Copyright Board approved tariff. York argued that it was not bound by the tariff because it had not agreed to its terms and counter-claimed that any copying at issue was in any event covered by fair dealing.

Copyright 100

Copyright Copying Copyright Infringement Licensing 100

TorrentFreak

AUGUST 14, 2021

. “Without any license or any payment to authors or publishers, IA scans print books, uploads these illegally scanned books to its servers, and distributes verbatim digital copies of the books in whole via public-facing websites.”

Publishing 145

Publishing Fair Use Copyright Infringement Copyright 145

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AKF sued LCF etc. AT&T Mobility, LLC, 710 F.3d

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

Patently-O

AUGUST 3, 2023

The lawsuit centers around two key components of Moderna’s mRNA platform that it claims Pfizer copied – the use of modified nucleosides like 1-methylpseudouridine and the encoding of a full-length coronavirus spike protein.

Patent 97

Patent Patent Infringement Copying Technology 97

LexBlog IP

JULY 5, 2023

In 2011, Hydronic began reverse-engineering Hetronic parts and contracted new suppliers to source them. When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring. if] such use is likely to cause confusion.”

Trademark 52

Trademark Marketing Marketing Contracts 52

IP and Legal Filings

AUGUST 28, 2023

Through sharing their agenda and beliefs the trade mark holders try to connect to their users and have found this to be a successful way to strengthen their reputation and goodwill in the market. Joy Creators, 2011 (45) PTC 541. [2] 2] Rintisch v. Eder (C-553/11). [3] 3] Louis Vuitton Malletier v. Dooney & Bourke, Inc.,

Branding 84

Branding Brands Branding Trademark 84

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. Netscape and 2011 Network Automation cases modified it. Marketing channels. Luxy appeared first on Technology & Marketing Law Blog. This is a topic I used as a sample exam idea in the 1990s). It’s really offensive.

Advertising 99

Advertising Advertising Trademark Settlement 99

43(B)log

JANUARY 19, 2022

Consumers and advertisers adequately alleged that Facebook has monopoly power in social network/social media (consumers) and social advertising markets. Though I’ll detail the advertising-based claims below, I will also note that the court did dismiss claims based on Facebook’s “Copy, Acquire, Kill” strategy as untimely.

False Advertising 59

False Advertising Advertising Advertising Privacy 59

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. In light of the size of the food market, that’s a bit hard to credit. So, did Industria satisfy Lexmark ?

False Advertising 59

False Advertising Advertising Advertising Registration 59

IIPRD

AUGUST 11, 2023

Afterward, the second world war did pose an interruption in the steady growth but in turn, it scaled the manga market to a whole new different level in 1947. 19, 2011, 2009 (A) No. IP ISSUES CREATED BY THE MANGA FAN BASE Due to the growing interest of the world inMangas several rights of a manga-ka are challenged. Napster, Inc.,

Art 52

Art IP Intellectual Property Copyright 52

The IPKat

APRIL 11, 2023

Given their competitive position vis a vis Amazon, some eyebrows were raised when Amazon purchased Book Depository, reportedly on July 4, 2011 (in light of later events, the date portended Orwellian irony regarding the company's long-term freedom). The distribution of books was no less crucial than the means of copying and reproduction.

Business 73

Business Public Domain Reporting Journalism 73

SpicyIP

DECEMBER 12, 2023

But the facts pertaining to its market share indicate that the mark has achieved distinctiveness. For the benefit of readers, I am copy-pasting the relevant parts of the judgment: “9. Ltd, against the mark ‘dialmytrip’ and the domain names ‘www.dialmytrip.com’ and ‘www.dmtgroup.in’.

Trademark 59

Trademark Branding Brands Branding 59

43(B)log

APRIL 26, 2022

The court of appeals kicked out nearly $42 million in penalties because there was no evidence of what Ethicon’s employees and agents actually said in oral marketing communications, which is a good incentive not to leave a record I guess, but affirmed the rest. So too with its marketing communications to doctors and patients.

Advertising 59

Advertising Advertising Marketing Marketing 59

Technology & Marketing Law Blog

FEBRUARY 13, 2023

A work is fixed in either a “copy” or a “phonorecord.” “Phonorecords” are defined as material objects in which only sounds are fixed, while “copies” are defined as material objects in which any other kind of work is fixed. [ 17 U.S.C. 2011), aff’d , 283 F.3d Rural Telephone Service Co. , In Random House, Inc.

Copyright 120

Copyright Blogging Publishing Fair Use 120

JIPL Online

APRIL 22, 2021

This Blog aims to examine the Hatch-Waxman Act and one of the most significant incentives behind it, a three-year market exclusivity period for the “new clinical investigations.” iv] If deemed insignificant, the new drug is blocked from entering the market by the existing drug’s three-year market exclusivity. [v] Introduction.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

Canadian Intellectual Property Blog

NOVEMBER 15, 2021

Trade show booths often include demonstration systems, brochures, and marketing presentations that are only available for the two or three days of the show. Copies of brochures and presentations may be saved or may be destroyed afterwards. 2011 FC 174 , the defendant was challenging the validity of plaintiff’s patents.

Art 52

Art Invention Intellectual Property Intellectual Property Law 52

Patently-O

JANUARY 20, 2023

Some of the most beloved fixtures of the genre—time machines, faster-than-light space travel, teleportation, downloading memories, copying a consciousness, etcetera—are impossible or not yet possible when described by the author. Inventors’ autobiographies, interviews, speeches, and marketing efforts can reveal clues.

Patent Law 95

Patent Law Law Inventor Patent 95

43(B)log

AUGUST 18, 2021

During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. It also stopped using “Officially Licensed Sturgis,” “Licensed Sturgis,” and “Authentic Sturgis.”

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

PDF copy available. The adoption of AI technologies is best reflected in market size estimates. In 2016, the size of the AI market was estimated at $8 billion. In 2021, the market’s estimated size grew to $35.92 billion market in 2028. Read the full article on Bloomberg Law. Microsoft Corp. Enfish LLC v.

Law 40

Law Patent Technology Art 40

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

PDF copy available. For battery-related patents, in particular, it is important to consider where and how big the present markets are for the invention. Fish principals Hyun Jin (HJ) In, Ph.D. Ralph Phillips , and Daniel Tishman explore this growth and discuss considerations for companies protecting and defending their IP.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution IP 52

TorrentFreak

JULY 2, 2023

However, pirated movies were sold as a side hustle at a flea market, where one of the investigators convinced an employee to sell a home arcade based on a modded Xbox. And when George Hotz , aka Geohot, posted a copy of the PlayStation 3’s private key online, traffic to game hacking sites blew up.

Business 142

Business Government Technology Advertising 142

SpicyIP

NOVEMBER 21, 2022

The Plaintiff had argued that all the rights pertaining to the film vests with them by virtue of an agreement with the producer entered in 2011. It is worth noting that the above order was passed, despite the Defendant’s plea that it has not received any copy of the Plaint and other documents. International Developments.

IP 100

IP Cease and Desist Patent Music 100

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. The Defendant, Muzmatc h , was launched in 2011 and, you guessed it, offers online dating for Muslims. The judge was very much in the former camp.

Branding 73

Branding Brands Branding Litigation 73

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. For battery-related patents in particular, it is important to consider where and how big the present markets are for the invention.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

LexBlog IP

NOVEMBER 30, 2022

Meredith Corporation : In one case, the alleged infringement involved the copying of approximately 170 recipes, which were accompanied by “much other instructive and valuable matter and information for household and family purposes.” J&A Importers, Inc. , 2d 1046, 1053 (C.D. ” Belford, Clarke & Co.

IP 52

IP Intellectual Property Fair Use Trademark 52

LexBlog IP

AUGUST 31, 2022

petition (at 5 ), “Respondent VIP Products LLC copied Jack Daniel’s marks and trade dress to make a dog toy, ‘Bad Spaniels,’ that imitates a Jack Daniel’s whiskey bottle while adding poop humor.” Petition at page 5 (quoting Memorandum Opinion, copy at Appendix, page 18a ). According to the cert.

Fair Use 52

Fair Use Trademark Moral Rights Law 52