43(B)log

MARCH 1, 2022

Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” If that were all, copying the WIN Passage would be qualitatively significant. Effect on the market: Harm was implausible. NXIVM Corp. Ross Institute, 364 F.3d

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Technology & Marketing Law Blog

DECEMBER 15, 2021

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. The Lenz case got a lot of press, but it ended with a confidential settlement. Diebold from 2004, which led to a $125k damages award. A New 512(f) Plaintiff Win!

Registration 111

Registration Fair Use Copyright Designs 111

LexBlog IP

OCTOBER 25, 2021

Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.” However, in the fall of 2019 , Warby Parker became a direct competitor of 1-800 Contacts by entering the contact lens market.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. January 2021. off ASP and 23.7%

Settlement 52

Settlement Litigation Marketing Marketing 52

43(B)log

AUGUST 22, 2022

18, 2022) Not bound by Article III, the California Supreme Court issued a ruling despite the parties’ settlement. Not all marketing of artistic works is noncommercial speech. 1934) (finding unenforceable the sale of a violin represented as a Stradivarius when buyer and seller were both mistaken and the violin was a cheap copy).]

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. The court recounts the perennially problematic Brookfield case and how the 2004 Playboy v. Marketing channels. 1-800 Contacts. * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v.

Advertising 98

Advertising Advertising Trademark Settlement 98

SpicyIP

FEBRUARY 12, 2024

Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? Case Summaries Gujarat Cooperative Milk Marketing v. The Plaintiff has been using the infringed trademark ‘FLY HIGH’ since 2004. Well, it appears the courts think most consumers would.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103