Technology & Marketing Law Blog

AUGUST 29, 2022

That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. Nevertheless, as the semester has already started at Santa Clara Law, I’ll do my rundown of my 2022 outputs-to-date anyway. Regulation of Political Advertising (2022 Edition).

Editing 88

Editing Social Media Blogging Advertising 88

43(B)log

AUGUST 5, 2022

CV-21-00228-TUC-SHR, 2022 WL 3098042 (D. 4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?

Advertising 59

Advertising Advertising False Advertising Contracts 59

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 76

Designs Design Art Intellectual Property 76

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J.

Advertising 59

Advertising Advertising Marketing Marketing 59

LexBlog IP

JULY 5, 2023

On 28 June 2023, Coimisiún na Meán ( CnaM ) launched a consultation on the designation of video-sharing platform services ( VSPSs ) under the Online Safety and Media Regulation Act 2022 (the OSMR ), amending the Broadcasting Act 2009. It also requires Member States to ensure that VSPSs comply with advertising standards.

Designs 52

Designs Design Advertising Advertising 52

SpicyIP

NOVEMBER 7, 2022

on 2 November, 2022 (Delhi High Court) . However, the patent on Apaxiban expired in September 2022 and via the present order, the court ruled that “ there can be no injunction on the manufactured stock lying with the Defendants, from being sold as on date. ”. vs Dr. Tajinder Bhatti on 2 November, 2022 (Delhi High Court) .

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

43(B)log

MARCH 9, 2022

2022 WL 670919, NO. 7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” False designation of origin/false advertising: Lasoff v. And it dismissed false advertising claims as “duplicative of his infringement claim.” Amazon.com, Inc., C21-1329RSM (W.D. Amazon.com, Inc., So too here.

False Advertising 69

False Advertising Advertising Advertising Branding 69

43(B)log

OCTOBER 29, 2021

27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. Copper Compression Brands LLC, 2021 WL 5013799, No. 4604 (KPF) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Designs 59

The TTABlog

JUNE 29, 2022

Bee) has scheduled five (5) oral hearings for the month of July 2022. July 7, 2022 - 1 PM: In re Di-Namic Records , Serial No. July 7, 2022 - 1 PM: In re Di-Namic Records , Serial No. July 12, 2022 - 1 PM: In re Responsiveads, Inc. July 13, 2022 - 10 AM: New Enchantment, LLC v. July 14, 2022 - 11 AM: In re C.E.

Music 57

Music Registration Advertising Advertising 57

Above the Fold

MAY 1, 2021

In case you missed it, Maryland became the first state back in February to pass a digital advertising services tax into law (and over the governor’s veto no less). The amendment also delays the effective start date of the tax until January 1, 2022. to 10%, based upon each business’s global annual gross revenues.

Advertising 40

Advertising Advertising Business Law 40

43(B)log

APRIL 25, 2022

Pacifici, 2022 WL 889275, No. 25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. ExeGi Pharma, LLC v. 1:21-CV-2134-TWT (N.D.

False Advertising 45

False Advertising Advertising Advertising Reporting 45

43(B)log

DECEMBER 1, 2022

8:22-cv-827-JVS-KESx, 2022 WL 17328411 (C.D. OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Santos Elecs.

Advertising 64

Advertising Advertising False Advertising Copyright 64

LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including, designers, tradespersons, and most importantly, consumers. reportAd: {.

Designs 52

Designs Design Law Contracts 52

Patently-O

NOVEMBER 21, 2022

However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. ” In general, that amount of evidence is insufficient to support a product design trade dress registration. by Dennis Crouch. Sunset Healthcare Solutions ( Fed.

Designs 73

Designs Design Registration Trademark 73

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. Mentioned below are some crucial judgements passed in the year 2022 on matters dealing with trademark infringement. Vijaya Sai And Others (19 th January 2022). Frost Falcon Distilleries Limited (2 nd March 2022).

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

43(B)log

APRIL 25, 2022

2022 WL 898598, No. 28, 2022) Take it away, Judge Altman: If you want to build with plywood in the United States, you generally need a certification— called a PS 1-09 stamp. pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising. Structural Plywood Integrity Coalition v.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

TorrentFreak

FEBRUARY 20, 2023

The same can’t be said for dedicated movie and TV show downloading apps advertised precisely for that purpose. GitHub Transparency Report 2022 In 2022, GitHub received and processed 2,321 valid DMCA notices, an increase of almost 27% over the 1,828 notices reported for 2021. In 2022, 15.7%

Reporting 87

Reporting Copyright Advertising Advertising 87

Patently-O

MARCH 11, 2024

2022-1756 (Fed. 7,072,849 and 7,076,443, relating to improvements in web-based advertising. 101 as directed to the abstract idea of “identifying advertisements based on search results.” Claims 15-17 of the ‘443 patent recite a method for providing advertisements related to search result items.

Patent Application 75

Patent Application Advertising Advertising Patent 75

43(B)log

FEBRUARY 17, 2022

11, 2022) This is the main liability opinion. Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

The TTABlog

APRIL 25, 2022

88909675 (April 22, 2022) [not precedential] (Opinion by Judge Mark Lebow). 88733158 (April 22, 2022) [not precedential] (Opinion by Judge Melanye K. 88400594 (April 22, 2022) [not precedential] (Opinion by Judge Marc A. Welch 2022. In re Versatrans, Inc. In re Spectrum Image, Inc. TTABlog comment: How did you do?

Advertising 70

Advertising Advertising Designs Design 70

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below).

Design Patent 89

Design Patent Advertising Advertising Designs 89

IPilogue

NOVEMBER 18, 2022

This includes at least eight US design patents filed by Adidas in 2016 that claim the ornamental design of the Yeezy sneakers. Adidas reportedly intends to take advantage of its design rights by selling the Yeezy sneakers using its own branding. Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

Business 131

Business Contracts Branding Brands 131

43(B)log

JUNE 17, 2022

4th -, 2022 WL 2036293, No. 7, 2022) The court upheld a contempt finding based on an underlying false advertising claim. The injunction didn’t define the term, but since it was based on a Lanham Act violation, “commercial advertising or promotion” was the proper guidepost. De Simone v. VSL Pharmaceuticals, Inc.,

False Advertising 64

False Advertising Advertising Advertising Litigation 64

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

Olartemoure Blog

SEPTEMBER 23, 2022

On September 8, 2022, the Mexican Government published the amendment to the Labeling Standard for food and non-alcoholic beverages (NOM). The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. 09/22/22 – Industrial Designs. Original source in Spanish.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 62

False Advertising Advertising Advertising Settlement 62

The TTABlog

JANUARY 6, 2022

87627828 (January 3, 2022) [not precedential] (Opinion by Judge Christopher Larkin). Applicant maintained that its mark "is dominated by the design elements of the stately manor house, not by the improperly dissected, somewhat similar text elements of the mark and the cited mark[]."] How do you think they turned out?

Social Media 62

Social Media Advertising Advertising Music 62

The TTABlog

JANUARY 19, 2022

90312784 (January 12, 2022) [not precedential] (Opinion by Judge Christoper Larkin). Unsalted's argument regarding the many meanings of "floreo" was undercut by its own advertising advertising flyer, in which it proclaims, "our belief is that together we can flourish." Welch 2022. But what about the marks? How about you?

Designs 67

Designs Design Advertising Advertising 67

The IPKat

JANUARY 19, 2023

The above perception by the consumer would be all the more proven given that the use of the image of famous movie character for exclusively advertising purposes is relatively common in many sectors. Later that year, the Office raised an objection in accordance with Article 7(1)(b) – (c) and 7(2) of Regulation 2017/1001 (EUTMR).

Advertising 141

Advertising Advertising Registration Business 141

SpicyIP

JANUARY 23, 2022

We’re pleased to inform our readers that our former blogger, Rajiv Choudhry is offering an online course for preparation for the upcoming Patent Agent exam on 5th February, 2022. This time the examination was supposed to be held in 2020 but has now been fixed for May 2022. may be addressed to eoffice@techlaw.in.

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105

The IPKat

MAY 13, 2024

On 14 January 2022, the Opposition Division of the European Union Intellectual Property Office (‘EUIPO’) rejected the opposition on the basis of a likelihood of confusion (decision here ) because of the very low degree of visual and aural similarity of the signs. 000015628 , International Registration designating the EU no.

Art 106

Art Designs Design Law 106

43(B)log

NOVEMBER 21, 2022

Google LLC, 2022 WL 17072948, No. 18, 2022) Short opinion, summarized by the opening paragraph: The plaintiffs in this case don’t like how Google facilitates online orders from their restaurants. They try to articulate claims for trademark infringement, counterfeiting, false association, and false advertising.

False Advertising 72

False Advertising Fair Use Advertising Advertising 72

Olartemoure Blog

DECEMBER 14, 2023

The European Union, for instance, has introduced the Digital Markets Act (DMA), which designates certain tech firms as “gatekeepers” and subjects them to more stringent regulations. Following this, in September 2022, California’s Attorney General, Rob Bonta, filed a lawsuit against Amazon. residents.

Marketing 98

Marketing Marketing Advertising Advertising 98

IPilogue

NOVEMBER 17, 2022

The May 2022 Federal Court of Canada decision, Beijing Judian Restaurant Co. Beijing Judian is a reputable barbeque bar restaurant with over 40 locations in China with established Ju Dian character marks, including the JU DIAN & Design Mark. Meng’s advertisement revealed Meng’s knowledge of Beijing Judian’s reputation.

Trademark 111

Trademark Registration Advertising Advertising 111

43(B)log

FEBRUARY 4, 2022

3:21-CV-00499 (JCH), 2022 WL 313965 (D. 2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising.

False Advertising 83

False Advertising Advertising Advertising Designs 83

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes.

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

JANUARY 27, 2023

3d -, 2022 WL 16806210, No. 8, 2022) Stiles invented the “Stiles Razor,” a patented disposable razor with a narrow blade for precise shaving. The remaining design patent claims also failed. The accused design’s grip was also contoured and textured, not angular and smooth. Walmart, Inc., 2:14-cv-02234-DAD-DMC (E.D.

False Advertising 59

False Advertising Design Patent Designs Design 59