The TTABlog

JANUARY 17, 2024

92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. Nor did California put its advertising expenses "in context," i.e., in comparison with the expenditures of other banks.

Designs 67

Designs Design Registration Service Mark 67

IP Intelligence

MAY 9, 2024

4, 2024, the Board upheld a refusal to register Post’s proposed mark on the ground that it fails to function as a trademark given that it is not inherently distinctive and has not acquired distinctiveness under Section 2(f) of the Trademark Act. [2] 4, 2024) (precedential). [2] Post then appealed the examiner’s refusal to the Board.

Advertising 98

Advertising Advertising Trademark Registration 98

43(B)log

APRIL 29, 2024

2024 WL 1772833, No. 23, 2024) Skipping the copyright and trade secrets part of the case. (In False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service. Tiktok Inc.,

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

43(B)log

MARCH 6, 2024

2024 WL 939151, No. 5, 2024) Plaintiffs sued defendant (Craftsman) for deceptive business practice claims under both the New York General Business Law (NYGBL), and the Virginia Consumer Protection Act (VCPA), as well as asserting warranty and common law claims. Montgomery v. Stanley Black & Decker, Inc., 23-735-cv (2d Cir.

Advertising 59

Advertising Advertising Business Designs 59

The IPKat

MAY 26, 2024

GikII, an annual conference on law, technology and pop culture, has launched the call for papers for its 2024 edition. This year, the conference will be held on 4 and 5 September 2024 at University College London. Candidates with expertise in law and digital technologies are welcome to apply until May 29.

Advertising 62

Advertising Advertising Technology Editing 62

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 102

False Advertising Invention Advertising Advertising 102

Patently-O

MARCH 11, 2024

5, 2024) ChewyvIBM. 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

MARCH 6, 2024

2024 WL 898941, No. 1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. NYU Langone Health Sys. Northwell Health, Inc.,

False Advertising 59

False Advertising Advertising Advertising Reporting 59

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Sun Pharma Laboratories Ltd. vs Dabur India Ltd. &

Invention 105

Invention Music Art Patent Application 105

Technology & Marketing Law Blog

FEBRUARY 7, 2024

The designation on Mr. Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. 2024 WL 372218 (10th Cir.

Advertising 96

Advertising Advertising Designs Design 96

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." 90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C.

Design Patent 70

Design Patent Designs Design Trademark 70

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. The mark consists of a three-dimensional configuration of the interior of a hex shaped box with a honeycomb configuration of seven interior hexagonal indentations on the bottom of the box and the design of a six point star, having flat points, on the top of the box.

Designs 57

Designs Design Social Media Registration 57

43(B)log

MARCH 14, 2024

2024 WL 1051951No. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D. The parties compete in the shoe market. Trade libel claims survived for the same reason.

False Advertising 59

False Advertising Advertising Advertising Branding 59

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer’s 48th birth anniversary today, we are excited to announce the 2024 Shamnad Basheer Essay Competition on IP Law! Drop a comment below to let us know. On the occasion of Prof. Read on to know more.

Trademark 45

Trademark Advertising Advertising Copyright 45

The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. The Board found the amount spent on advertising and marketing (designated "confidential") was "particularly impressive." Welch 2024. Are the goods sufficiently related? How do you think this came out? Nemiroff Intellectual Property Establishment v.

Registration 44

Registration Advertising Advertising Marketing 44

43(B)log

APRIL 15, 2024

3d - , 2024 WL 1083462, No. 12, 2024) GMP is a nonprofit focused on sustainable butchery and meat production practices. GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. Good Meat Project v. GOOD Meat, Inc., 23-cv-04145-RFL (N.D.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

The TTABlog

FEBRUARY 12, 2024

97406016 (February 8, 2024) [not precedential] (Opinion by Judge Cheryl S. The combination does not result in an incongruous or unusual designation with no definitive meaning or significance other than as a mark. Welch 2024. "captures the consumer’s attention and identifies Applicant as the source of the goods." example below].

Advertising 117

Advertising Advertising Trademark Designs 117

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The design elements use “a contrasting font color” making the notice legible on the dark background. April 26, 2024) The post Ninth Circuit Upholds “Sign-in-Wrap”–Keebaugh v. sought to send the case to arbitration.

False Advertising 83

False Advertising Government Privacy Designs 83

43(B)log

MAY 7, 2024

3d -, CV 22-7841 (GRB)(AYS), 2024 WL 1936053 (E.D.N.Y. May 2, 2024) Lots of ice cream jokes/quotes in here, but the basic question is: “should consumers ordering pistachio ice cream at one of [Cold Stone Creamery’s] establishments expect that that product will contain actual pistachios?” Kahala Franchising, L.L.C.,

False Advertising 59

False Advertising Advertising Advertising Branding 59

LexBlog IP

JANUARY 31, 2024

This is because protection of trademarks, which are words, phrases, symbols, and designs that identify the source of goods or services, is separate from protection of copyrights and does not necessarily expire so long as the work is continuously and regularly used as a trademark.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 103

Law Social Media Advertising Advertising 103

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark 59

Trademark Registration Copyright Patent 59

43(B)log

MARCH 6, 2024

3d -, 2024 WL 911075, No. 1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” But SouthState did have standing for a false advertising claim. SouthState Bank, N.A. 1:22-CV-5020-MHC (N.D.

False Advertising 45

False Advertising Advertising Advertising Business 45

Technology & Marketing Law Blog

MARCH 5, 2024

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. Pixels.com, LLC , 2024 WL 885356 (W.D. March 1, 2024) Related posts * Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v.

Artwork 98

Artwork Trademark Publishing Marketing 98

Technology & Marketing Law Blog

MARCH 6, 2024

And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. Judge Morris correctly concluded that “Rule 8 requires more”—Plaintiff did not, for example, allege that Defendants “design[ed], manufacture[d] or even select[ed] the products on their website.”

Copyright 100

Copyright Trademark Law Publishing Copyright Infringement 100

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

43(B)log

MARCH 25, 2024

2024 WL 1208111, F.4th 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” R J Reynolds Tobacco Co.

Advertising 64

Advertising Advertising Social Media Government 64

The TTABlog

JANUARY 2, 2024

Yes] Lack of Actual Actual Confusion Leads to Dismissal of FICO Challenge to FIDO for Fraud Prevention Software and Services TTABlog Test: Are these Two Design Marks Confusable (for Rice)? Yes] TTABlog Test: Are Candy and Nuts Related for Section 2(d) Purposes? Precedential No. Precedential No.

Registration 70

Registration Designs Design Reporting 70

43(B)log

JANUARY 19, 2024

2024 WL 195999, No. 18, 2024) The court, grappling with the Fifth Circuit’s rather inconsistent law on misdirected communications, denies a preliminary injunction (subject easily guessable by party names). Rampart Resources, Inc. Rampart/Wurth Holding, Inc., 23-6895 (E.D. Rampart Resources was founded in 1989 in Baton Rouge.

Advertising 59

Advertising Advertising Branding Brands 59

Michael Geist

DECEMBER 16, 2021

The Liberal government committed in the 2019 election campaign to a digital services tax primarily designed to target large U.S. technology companies that generate significant revenues in Canada from online advertising and user data. The policy has been adopted in several other countries, repeatedly sparking a response from the U.S.

Social Media 90

Social Media Advertising Advertising Government 90

Technology & Marketing Law Blog

JANUARY 30, 2024

” In support of Printify’s position, the court summarizes: Printify does not design the products, does not manufacture or print the products, and does not ship the products. Sunfrog decision: there is no evidence in this record that Printify engages in any advertising or trains or encourages anyone to use infringing designs.

Publishing 76

Publishing Trademark Designs Design 76

Patently-O

JANUARY 28, 2024

The improvement was touted as enabling vastly more efficient and superior manufacture of components – not just by Petitioner’s experts, but also in the defendant’s advertising. That the invention was an important real-world manufacturing innovation was, as a factual matter, thoroughly established. There was copying by competitors.

Technology 80

Technology Invention Designs Design 80

IPilogue

MAY 9, 2022

Minors : Platforms will have to implement protection measures to ensure the online safety of minors, including prohibitions against targeted advertisements based on minors’ personal data. Once adopted, the DSA will apply 15 months or from January 1, 2024, whichever is later, after entry into force.

Advertising 103

Advertising Advertising IP Designs 103

Technology & Marketing Law Blog

FEBRUARY 18, 2024

” The court explains: as in Twitter, the Alibaba Defendants’ acts — such as promotional emails advertising Merchant Defendants’ products — are primarily if not wholly algorithmically-generated. 19885566 Store, 2024 WL 532290 (S.D.N.Y. 9, 2024) Prior Blog Posts on the SAD Scheme N.D. You know what we need to do.

Blogging 87

Blogging Advertising Advertising Trademark 87

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. Even if the new definition applied, the court questions if GMB was the one to “advertise and offer” the boat, as opposed to Chaves: it is Chaves who places the advertisement on GMB’s website.

Contracts 74

Contracts Advertising Advertising Privacy 74

TorrentFreak

OCTOBER 25, 2022

Warning of potential prosecutions for offenses under the Fraud Act 2006, Copyright Designs and Patents Act 1988, and even the Serious Crimes Act 2007, PIPCU suggests shutting down as an alternative. “The initial term of the contract shall run from the date of award (following this tender process) to 31 March 2024.

Intellectual Property 113

Intellectual Property Advertising Advertising Contracts 113

43(B)log

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. On deceptiveness, Pabst argued that Peacock didn’t designate any expert witnesses or other evidence to show how consumers interpreted the label, while Pabst offered an expert opining on a consumer survey.

Social Media 59

Social Media Marketing Marketing Designs 59