LexBlog IP

MARCH 18, 2022

But one thing still confuses us nine months into this experiment with public meetings. Is the goal here to have consumers talk about the topic of the day – e-cigarette marketing and youth uptake? And wouldn’t it also make sense to give consumers more than one week’s notice about the topic of these meetings?

Reporting 52

Reporting Advertising Advertising Settlement 52

SpicyIP

JANUARY 1, 2024

Furthermore, the Court ruled that considering the design of both logos where ‘GK’ is prominently visible and the words ‘WELLNESS’ and ‘HAIR’ are in a disproportionately smaller font, it was likely that a consumer may be confused between the two products and granted the injunction against the defendant’s use of the impugned mark and the logos.

Intellectual Property 105

Intellectual Property IP Licensing Copyright 105

The TTABlog

DECEMBER 16, 2022

Zarick, since hemp is a plant, "consumers familiar with one mark who encounter the other might presume that the plant depicted in the cited mark is the hemp referred to in the subject application." And, as pointed out by Examining Attorney D. In fact, applicant itself offers essential oils and balms, as well as non-CBD products.

Designs 52

Designs Design Copyright 52

LexBlog IP

JULY 8, 2022

“Right to repair” is a consumer protection issue that is rapidly picking up steam. The Mag-Moss Warranty Act – not to be confused with Mag-Moss rulemaking – broadly addresses issues involving warranties for consumer products. Right to repair is indeed a hot topic in 2022.

Reporting 52

Reporting Designs Design Branding 52

IPilogue

DECEMBER 6, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. based out of Quebec filed a trademark application for its design mark, identical to that of HBC’s expired mark, for services including “Computerized on-line ordering and trading featuring general merchandise and general consumer goods”.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

The IPKat

DECEMBER 5, 2021

Further analysis on the topics of authorship of computer-generated works, text and data mining exception, and inventorship in case of inventions created by AIs was published on the Kluwer Copyright Blog. The SpicyIP blog published a brief analysis of the situation and explained why the topic of cultural appropriation matters even more today.

Blogging 67

Blogging IP Intellectual Property Publishing 67

Technology & Marketing Law Blog

FEBRUARY 17, 2022

”) Among other reasons the claim fails, the court says there’s no consumer confusion between the plaintiff’s app and Apple’s emoji keyboard. Also see: Emojis and the Law , my flagship paper on the topic with a section on copyright protection for emojis. Copyright Office.

Copyright 136

Copyright Copying Blogging Intellectual Property 136

The IPKat

NOVEMBER 27, 2023

Acquiescence is a topic of interest following the CJEU in Heitec (see Volume 9 ) and the UK Court of Appeal in Combe (see Volume 12 ). Is there a likelihood of confusion between it and the defendant’s logo for footwear, including in respect of football boots? “No”, That is likely the right conclusion.

Editing 70

Editing Registration Branding Brands 70

43(B)log

MARCH 25, 2024

What about the argument that the images might be subject to several different interpretations, and the FDA didn’t test for consumer takeaway? “[W]hen The FDA even tested their effectiveness in raising consumer awareness and then refined them based on those results. It was error to ignore the words. The warnings were not unjustified.

Advertising 64

Advertising Advertising Social Media Government 64

Corsearch

FEBRUARY 15, 2024

Allowing brands to connect with their consumers and establish a recognizable online presence, it is a crucial platform to reach audiences on a global scale. This could lead to identity theft, unauthorized access to accounts, and potential financial loss for consumers.

Branding 59

Branding Brands Branding Social Media 59

IP and Legal Filings

MARCH 7, 2022

A trademark reflects the source and quality of goods or services to a consumer. When a mark is utilised in a deceptively similar manner, it confuses the minds of the general public. Confusion In The Mind Of Consumers. Consumers’ minds must be thrown into a state of confusion by products and services.

Trademark 62

Trademark Law Registering Trademarks Branding 62

SpicyIP

JUNE 19, 2022

Metaphor from Meta-verse University (“MU”) and discussed how the overlapping meaning of ‘right’ can confuse our understanding of what it is and what it does. Feus: ( Confused ) right-wrong … wronged right … what is this new binary bafflement, Prof.? Today, I have a story to tell you. While coming to this class, I met my old amigo Mx.

IP 119

IP Fair Use Invention Copyright 119

IP and Legal Filings

MARCH 7, 2022

A trademark reflects the source and quality of goods or services to a consumer. When a mark is utilised in a deceptively similar manner, it confuses the minds of the general public. Co s nfusion In The Mind Of Consumer. Consumers’ minds must be thrown into a state of confusion by products and services.

Trademark 58

Trademark Law Registering Trademarks Branding 58

Technology & Marketing Law Blog

JANUARY 19, 2023

” This is the latest entry in the confusing jurisprudence about when 230 applies to first-party marketing representations that are rendered untrue by users’ activities. ” The defendants successfully defend on Section 230 grounds. Despite Doe v. Finally, this lawsuit is obviously about third-party content.

False Advertising 85

False Advertising Social Media Publishing Advertising 85

LexBlog IP

JANUARY 18, 2022

With apologies to those who prefer a classic menu, I’ll be approaching these topics in coming weeks in a mezze fashion, with several items arranged to whet your appetite and enrich your knowledge. California consumers have hardly been in danger of encountering low grade olive oil. Olive Oil and State Pride. The Irritant.

Law 52

Law Trademark Branding Brands 52

LexBlog IP

APRIL 27, 2022

In fact, due to their unique nature, the USPTO is less likely to Office Action for Likelihood of Confusion for a fanciful trademark. Here, the authors of each decided to create a term that would give their brand trademark protection, and, which consumers would associate over time with their product. death by generic use).

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

MARCH 30, 2023

Thus, the court reached the conclusion that any consumer would infer that the product shown in the video belongs to the petitioner. Therefore, while intent to defame or malign the reputation of the mark is a no consideration here, what needs to be seen is that the alleged actions are misstatement, causing confusion and deception.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

Kashishipr

AUGUST 17, 2022

Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics. Content in different forms on different social media platforms, such as LinkedIn, Pinterest, Twitter, Facebook, and Instagram, is consumed every day by many social media users.

Social Media 52

Social Media Intellectual Property Registration Branding 52

SpicyIP

AUGUST 2, 2021

Topical Highlight. The Court noted that the mark used by the Defendant cannot be said to confuse or mislead consumers with respect to the Plaintiff’s products and services. The US Senate Judiciary Committee discussed four bills aimed at reducing drug prices for consumers. July 29, 2021].

Reporting 116

Reporting Designs Design Copyright 116

IP Tech Blog

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. Hermès’ argument is that Rothschild’s use of “MetaBirkin” is causing confusion among customers, as it would make people mistakenly believe that Hermès is associated with the “MetaBirkin” NFTs. Business Use.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

SpicyIP

AUGUST 15, 2021

Topical Highlight. Ensuring Access to TB drugs: Is Compulsory License the Way? In this post , Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. 6 August, 2021]. The Delhi High Court in Star India Pvt. vs Moviesghar.Art & Ors. 9 August, 2021].

Licensing 83

Licensing Government Reporting Patent Law 83

SpicyIP

NOVEMBER 8, 2023

Access to clinical trial data not only helps drug innovation but also impacts consumer benefits and drug pricing. A brand owner’s injunction now depends on the ad’s content, checking if the same confuses or causes blurring or tarnishment. and Class 5.2 Read Anupriya’s excellent post here.

Trademark 59

Trademark Publishing Journalism Copyright 59

IP Whiteboard

OCTOBER 15, 2020

We have written more about this topic here: [link]. The increasing involvement of AI in these processes has implications for the concept of the “average consumer” in assessing likelihood of confusion and the imposition of liability in the event of infringement. Trade secrets.

IP 40

IP Intellectual Property Invention Copyright 40

Technology & Marketing Law Blog

JUNE 27, 2022

In order to determine who is a child, websites and apps will have to authenticate the age of ALL consumers before they can use the service. Second, even if businesses treated all consumers (i.e., Third, this bill reaches topics well beyond children’s privacy. NO ONE WANTS THIS. Bye bye casual browsing.

Privacy 137

Privacy Designs Design Business 137

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Consumers would face lesser fees and there would be better regulatory oversight along with better preparedness against financial frauds. would help everyone in the particular supply chain which includes the custom authorities and consumers to identify the genuine product and distinguish it from its counterfeit.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Consumers would face lesser fees and there would be better regulatory oversight along with better preparedness against financial frauds. would help everyone in the particular supply chain which includes the custom authorities and consumers to identify the genuine product and distinguish it from its counterfeit.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Consumers would face lesser fees and there would be better regulatory oversight along with better preparedness against financial frauds. would help everyone in the particular supply chain which includes the custom authorities and consumers to identify the genuine product and distinguish it from its counterfeit.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

JANUARY 4, 2023

For more details on the topic of design and the metaverse in China see our previous blog post. ” Hermès’ argument is that Rothschild’s use of “MetaBirkin” is causing confusion among customers, as it would make people mistakenly believe that Hermès is associated with the “MetaBirkin” NFTs.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Technology & Marketing Law Blog

JULY 5, 2021

The Counterclaim alleges that Kid Car purchased “KIDMOTO” as keyword on Google and that by using ‘kid car’ in the resulting advertisement there is a likelihood of consumer confusion.” Instead, it just reflects consumer engagement with the product… * Soter Technologies, LLC v. 2021 WL 1163117 (E.D.N.Y.

IP 85

IP Social Media Fair Use Branding 85

Technology & Marketing Law Blog

MAY 5, 2022

My points relate only loosely to “dark patterns,” but there was no better place for my remarks in the hearing’s initial taxonomy of topics. I understand the topic taxonomy reflected what the agency wanted to hear about, but it also inhibited participation by leaving no identifiable space for other issues that constituents want to raise.

Privacy 86

Privacy Blogging Law Business 86

Technology & Marketing Law Blog

SEPTEMBER 23, 2021

In fact, Internet publicity rights/230 cases are a jurisprudential disaster (check out some confused rulings in this category ). Further, both misappropriations could create consumer confusion and undercut efficient incentives. .” I’m not sure about where the majority formed this empirical conclusion.

Intellectual Property 132

Intellectual Property Trademark Marketing Marketing 132

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

The court summarizes the alleged trademark problems: Defendant used the phrase “Online Arrangement” and Plaintiffs’ trademark “Seeking Millionaire” as metatags on its website to direct consumers who searched for “Seeking,” “Seeking Millionaire,” and “Seeking Arrangement” to its own website and mobile application. Actual confusion.

Advertising 98

Advertising Advertising Trademark Settlement 98

LexBlog IP

SEPTEMBER 29, 2022

The level of attention of the average consumer, deemed to be reasonably well-informed and reasonably observant and circumspect, is likely to vary according to the category of goods or services in question (judgment of 10 October 2007, Bang & Olufsen v OHIM (Shape of a loudspeaker ), T‑460/05, EU:T:2007:304, paragraph 32).

Trademark 52

Trademark Registration Music Intellectual Property 52

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. BSA Business Software Alliance Inc. vs Tube Investments of India Ltd. &

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? “Consumer confusion simply isn’t a prerequisite to First Amendment protection.” Some of these provisions may not survive on remand, however.

Social Media 97

Social Media Law Blogging Publishing 97

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124