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

IPilogue

APRIL 29, 2022

It is a video game console with basically the same look and design as a PS5—even the box looks exceptionally similar. Overall, GS5 is an entirely counterfeit video game console that steals Sony’s design and modifies Nintendo’s games. A YouTube video unboxing this counterfeit console has attracted almost 8 million views.

Copyright 119

Copyright Designs Design Technology 119

The IPKat

DECEMBER 27, 2021

The findings The UKIPO’s findings are based on a quantitative survey of 1,000 female (studies suggest that influencer marketing is “ highly gendered ”) consumers in the UK, aged 16 to 60 and who use social media at least once per week. The same appears to be true, at least in certain cases, for the purchase of counterfeits.

Social Media 117

Social Media Reporting Advertising Advertising 117

TorrentFreak

FEBRUARY 8, 2024

That very little content was available to buy legally online not only helped to fuel the crisis, in this underdeveloped market many ISPs still had just one key product to sell; internet access and the bandwidth it consumed.

Law 105

Law Publishing Marketing Marketing 105

The IPKat

OCTOBER 30, 2023

In fact, and much to the contrary, it has been established national law and practice – prior and after ‘Cofemel’ – that the scope of protection correlates with the level of originality which, in return, corresponds with the degree of departure from the existing design corpus (i.e., the “degree of creative freedom exercised by the author”).

Copyright Law 78

Copyright Law Copyright Law Marketing 78

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Gutman appeared first on Technology & Marketing Law Blog.

Social Media 80

Social Media Ownership Designs Design 80

The IPKat

DECEMBER 23, 2022

On 24 January 2019, Hotel Cipriani S.P.A (‘Hotel Cipriani’) filed a revocation request against all of the goods designated to the contested EUTM, invoking Article 58(1)(a) EUTMR. That assessment implies a certain interdependence between the factors taken into account.

Marketing 73

Marketing Marketing Publishing Designs 73

IP and Legal Filings

JULY 28, 2022

It was back in January 2011 when Future Enterprises had officially filed ‘Mac Coffee and Eagle device’ trademark before DOI. However, McDonald’s can still appeal in higher court against the recent decision, which, McDonald’s previously in 2011 did not file any appeal in higher court. Conclusion.

Trademark 72

Trademark Branding Brands Branding 72

IIPRD

SEPTEMBER 17, 2021

These items have restricted production and remain in the market only for a short duration of time. They almost never re-enter the market again. This creates scarcity of the product in the market. Basic principles of economics dictate that when a product is scarce in nature, its demand in the market tends to increase.

Editing 52

Editing IP Artistic Work Designs 52

Technology & Marketing Law Blog

AUGUST 12, 2023

That practice largely stopped in 2011 in the medical community when Medical Justice reversed course and stopped encouraging doctors to use gag contracts; and the CRFA’s passage further sent clear signals to the business community to quit it. 10, 2023) Robinson v. Hah , 2023 WL 5122503 (Tex.

Contracts 70

Contracts Licensing Business Blogging 70

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 4) Social media “defective design” lawsuits go forward. Musk has bridged that gap. and the transition to a Web 3.0 Following the Lemmon v. TikTok bans.

Law 103

Law Social Media Advertising Advertising 103

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Gardens Alive, Inc (“Gardens Alive”) is reported to be a family of brands that provide fertilizers, pest and design control products, seeds, perennials, bulbs, nursery stock, gifts, games and mores. Gardens Alive acquired the assets of Weeks on June 5, 2011 out of a bankruptcy through its wholly owned subsidiary IGP Acquisition LLC.

Trademark 52

Trademark Branding Brands Branding 52

Kluwer Copyright Blog

APRIL 2, 2024

Photo by TheoRivierenlaan from Pixabay The Austrian Supreme Court (hereinafter: “ASC”) ruled on 19th of December 2023 ( 4 Ob 112/23h ) in a case concerning the 2019 film “Yesterday” The Plaintiff alleged that the film infringed its copyright in a short screenplay idea published in 2011.

Copyright Law 56

Copyright Law Copyright Law Cinema 56

The IP Law Blog

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. It further alleged that Johnson Enterprises intended to “deceive the public as to the source or origin” of its game to benefit from “P&P’s goodwill and reputation in the four in a row market.”.

Copying 98

Copying Marketing Marketing Advertising 98

The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

Registration 67

Registration Intellectual Property Designs Design 67

IPilogue

JUNE 16, 2022

2011 FCA 228 as: The act of infringement must be completed by the direct infringer; The act would not have been committed “but for” the inducement or encouragement; and. The evidence indicated that the designs for the cassettes came directly from the parent company in California, which also made marketing decisions in Canada.

Patent Infringement 106

Patent Infringement Patent Designs Design 106

IP and Legal Filings

NOVEMBER 30, 2022

The 19th Asean meeting, which took place in November 2011, saw the introduction of the Regional Comprehensive Economic Partnership. By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region.

Intellectual Property 66

Intellectual Property Marketing Marketing IP 66

Patently-O

AUGUST 19, 2022

In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. We have the ANDA filing, but there are always substantial design choices before final release. Eagle Pharm.,

Branding 87

Branding Brands Branding Marketing 87

The IPKat

NOVEMBER 30, 2023

Furthermore, it was only after Italy claimed 'Prosecco' as a protected designation of origin that the EU declared the 'Prosecco' grape variety would be renamed as 'Glera' in 2009. Prosecco from Northern Italy had been in the Singapore market since about 2011.

Registration 134

Registration Advertising Advertising Law 134

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. b)(4)(i)(A) (2011). Factual and Procedural Background. 3d at 1196.

Registration 77

Registration Blogging Copyright Designs 77

Technology & Marketing Law Blog

MARCH 19, 2022

As I’ve explained many times over, Section 230 by design applies when defendants exercise editorial discretion over third-party material; the whole point is to encourage entities to do more content moderation. Gellis appeared first on Technology & Marketing Law Blog. The Real Estate Group. March 17, 2022). The complaint.

Publishing 107

Publishing Blogging Litigation Designs 107

IP Tech Blog

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. Has the Chinese Patent linkage framework worked as designed?

Litigation 98

Litigation Patent Intellectual Property Branding 98

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Products may also come in widely recognised packaging designs.

Trademark 85

Trademark Branding Brands Branding 85

LexBlog IP

JULY 21, 2021

It outlines trends, data and legal rights pertaining to patents, trade marks, designs, plant breeder rights ( PBR ) and copyright. Design certifications remained generally stable (with a small decrease) in 2020. Over the past decade, standard patent applications have shown an overall upward trend, with 2020 filings up 15% from 2011.

Reporting 52

Reporting IP Patent Application Registration 52

TorrentFreak

JULY 11, 2022

The BPI says this is the first time since website blocking began in 2011 that a mobile operator has begun blocking pirate sites. Considering the millions the company spends on advertising and marketing each year, EE makes absolutely zero personal appearance in the BPI’s announcement, not even a short comment from a spokesperson.

Music 127

Music Publishing Ownership Marketing 127

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. 1114(1)(a) on a direct infringement theory ( Chanel, Inc.

Branding 52

Branding Brands Branding False Advertising 52

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. 1114(1)(a) on a direct infringement theory ( Chanel, Inc.

False Advertising 52

False Advertising Branding Brands Branding 52

The IPKat

JANUARY 24, 2022

Last week, the General Court (GC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group , concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon Boots. Since then, over 20 million pairs have been sold. Registration ( No 10 168 441 ) was granted the following year.

Registration 142

Registration Copyright Copyright Infringement Branding 142

Kluwer Copyright Blog

FEBRUARY 28, 2024

In other words, Google did not merely copy the books; it made use of them to create a new and valuable product, in the form of the Google Books service, and one that, according to the court, did not compete with the existing market for books. This responsiveness is why other countries have become interested in U.S.-style

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

IP and Legal Filings

FEBRUARY 7, 2023

Several large corporations have already begun developing new marketing efforts for this new digital environment after realising the enormous potential that exists here. The platform integrates platforms, digital accelerators, domain and design skills, and solid partnerships in a “rich creator-partner economy.”

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

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.

Trademark 52

Trademark Marketing Marketing Contracts 52

Garrigues Blog

NOVEMBER 30, 2021

Molagominola) and FNAC, thereby rejecting the existence of unfair competition in the marketing of certain idiosyncratic sweet containers. On June 25, 2021, the Civil Chamber of the Supreme Court dismissed the appeal filed by Happy Pills, S.L against Fresh & Good, S.L

Branding 98

Branding Brands Branding Law 98

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

Netscape and 2011 Network Automation cases modified it. Marketing channels. Or, at the most, confuse Defendant’s app with Plaintiffs’ This situation is different from the websites in Network Automation and Playboy, which were clearly distinguished with ad designations. ” (How about this: let’s not).

Advertising 99

Advertising Advertising Trademark Settlement 99

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 began by recognizing that a product’s design like “distinctive names, logos, packages or labels” may have developed a “source-identifying appearance.”

Copying 52

Copying Marketing Marketing Advertising 52

IP and Legal Filings

AUGUST 11, 2021

UAE has a large chunk of the Indian population and getting a trademark registration will surely give a boost to the market of Khadi. To promote the sale and marketing of khadi and/or products of village industries or handicrafts, the KVIC may forge linkages with established marketing agencies wherever feasible and necessary.

Registration 52

Registration Trademark Branding Brands 52

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. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products.

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

AUGUST 11, 2023

23] observed that a trader acquires a right of property in a distinctive mark merely by using it upon or in connection with his goods…the trader who adopts such a mark is entitled to protection directly as soon as the article having assumed a vendible character is launched in the market… common law rights are left wholly unaffected. [24]

Trademark 80

Trademark Registration Intellectual Property Intellectual Property Law 80