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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under ยง 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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Police Complaint Removes Pirate Bay Proxy Portal from GitHub

TorrentFreak

This GitHub subdomain is a copy of thepirateproxybay.com and appears to be operated by the same people, but it’s not blocked by UK ISPs. Interestingly, we did spot the site on an advertising blacklist maintained by City of London Police’s Intellectual Property Crime Unit (PIPCU).

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E&W Court of Appeal upholds TM/passing-off judgment in Lidl v Tesco

The IPKat

As for the Source Survey, the High Court judge had correctly concluded that it was designed to have qualitative, rather than quantitative significance, and did not make the mistake of treating it as determinative of any issue. All Tesco had copied was the visual concept. The Court therefore found that they had not infringed copyright.

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Fleshing out the copyright in a tattoo

IP Whiteboard

From some general Google searching, it seems common for people to download pictures of works they like and bring them to their tattooist to copy. According to Dr Marie Hadley from University of Newcastle: My unpublished research among tattooists in New Zealand suggests there can be a lot of pressure from clients to copy existing images. โ€œI

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Trademark Infringement and Remedies in India

Biswajit Sarkar Copyright Blog

John Doe Orders: A John Doe order is a form of pre-infringement injunction designed to protect the intellectual property rights of the author. Counterfeiting and Customs Rules: The term โ€˜counterfeitingโ€™ means copying or imitating something with the intention of deceiving. Such an order is always granted ex- parte.

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The Modern Copyright Dilemma: Digital Content Ownership and Access

IP and Legal Filings

Introduction The Intellectual property laws are designed in such a way that not only reward the creator of his intellectual creation thereby incentivising other creators for further innovation, while balancing the rights of the creator with the right of the society to access information or knowledge.

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Overreaching and delay lead to defeat of TM owner's claims

43(B)log

were valid and infringed, but the latter wasnโ€™t counterfeited; SMRIโ€™s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. SMRI ultimately sent one C&D in August 2006, and filed suit in June 2011. Here the court considers acquiescence and laches.