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Zara vs. Boungiorno and the possibility (or not) of using third-party trademarks

Garrigues Blog

Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS. .” This wording corresponds to the transposition of Directive 2015/2436 of December 16.

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The Supreme Court confirms that a third party may not use the ZARA trademark.

Garrigues Blog

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.

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University Websites Are Being Flooded with Online Piracy Scams

TorrentFreak

In the United States, however, higher education institutions were forced to put the brakes on piracy due to the passing of the Higher Education Opportunity Act ( HEOA ) in 2008. These include a PDF file that advertises a free copy of “Avatar: The Way of Water”, as shown below.

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Dastar bars false marking claims brought under Lanham Act (dubitante)

43(B)log

17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted to cover false advertising claims) does preclude such claims, possibly only because of party argument. Dismissed with leave to amend. 3d 1137 (9th Cir.

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Agency liability theory satisfies "commercial advertising or promotion" requirement of promoting one's own products/services

43(B)log

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act. During times when Defendants “have failed to meet their commitments to Usana”—i.e.,

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Hague Court provides first judgment on online marketplace IP infringement liability following Louboutin v Amazon

The IPKat

In a recent judgment , the District Court of the Hague (the Court) found that Fruugo, an online marketplace, was not directly liable under trade mark law for the advertisement and sale, on its platform, of products which infringed the trade marks of Audi and Volswagen.

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TTAB Denies Cancellation Petition for Failure to Prove Acquired Distinctiveness of Petitioner's Common Law Marks

The TTABlog

Petitioner claimed a first used date in 2008. Petitioner sunk its own claim that its marks acquired distinctiveness in 2008 by testifying that its sales that year were $256; furthermore there were no advertising expenditures during 2008-2010. Pet Go Round of Greensboro , Cancellation No.

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