43(B)log

APRIL 17, 2023

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.,

Advertising 52

Advertising Advertising Editing Litigation 52

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Hilti claimed that it didn’t design the label, but that defendant RectorSeal did the final design. This is the ‘false advertising instead of likely confusion’ analysis I mentioned.] §43(a)(1)(B):

False Advertising 59

False Advertising Advertising Advertising Designs 59

The TTABlog

OCTOBER 6, 2023

In accordance with the parties' stipulation, the case was divided into two stages, the first stage addressing the issue of whether Respondent Jerry's Famous Deli had ceased use (for purposes of Section 45) of the registered marks RASCAL HOUSE , WOLFIE COHEN’S RASCAL HOUSE , and the word-and-design mark shown below, for restaurant services.

Branding 67

Branding Brands Branding Advertising 67

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

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. Therefore, ARSA claimed, it had priority of use dating back to 2008. The Board found that, beginning in 1999, applicant began selling its EUCALIN product in the United States.

Ownership 40

Ownership Litigation Registration Business 40

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The Design Patents are for a variety of powder guns and spray equipment. April 29, 2008. They allege to be an Integrator of Gema Products, not a Gema Distributor.

Trademark 52

Trademark False Advertising Patent Registration 52

IP and Legal Filings

APRIL 12, 2023

However, registrar must be cautious to give a mark a status of well-known trademark because once a trademark is designated as well-known, no one else is permitted to use a mark that is even remotely comparable to it. 264/2008. [vi] 279/2008 in CS (OS) 41/2008. ii] The Trademarks Act, 1999, Section 2 (1) (zg).

Trademark 89

Trademark Branding Brands Branding 89

TorrentFreak

MARCH 4, 2024

LibGen launched around 2008 as a digital version of the same concept. The site is designed to be user-friendly while remaining resilient to enforcement measures. This prompted the textbook publishers to move ahead and request a default judgment in their favor.

Publishing 101

Publishing Social Media Copyright Infringement Copyright 101

Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. This primarily includes three groups of people: Those who sell costume elements on sites such as Etsy, those that use costumes in advertising or promotion and those that operated haunted attractions.

Trademark 247

Trademark Copyright Cease and Desist Copying 247

Technology & Marketing Law Blog

FEBRUARY 14, 2024

MySpace case from 2008 and its progeny (assuming the Doe case is still good law in the Fifth Circuit, which isn’t guaranteed ). It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. In that sense, this case is a natural follow-on to the uncited Doe v.

Contracts 77

Contracts Advertising Advertising Privacy 77

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. eBay case from 2008. This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. ” Section 230.

False Advertising 115

False Advertising Privacy Publishing Advertising 115

43(B)log

JULY 6, 2022

The court rejected defendants’ arguments that the putative classes were too heterogenous for certification: Some of the identified differences – for example, differences in advertisements that the named plaintiffs or class members may have seen over time or differences in the amount of JUUL product purchased – are simply not material.

Social Media 59

Social Media Marketing Marketing Advertising 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

cum laude , in computer science and business from Lehigh University in 2008. Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

TorrentFreak

JULY 2, 2023

NIT eventually came up with the ‘ GMTA System ‘ that, among other things, was able to replace traditional advertising posters with digital versions displayed on a plasma screen. 2008 Criminal Investigation While Gary enjoyed business success and his growing online reputation, he was suddenly introduced to the downsides.

Business 144

Business Government Technology Advertising 144

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

Social Media 52

Social Media Branding Brands Branding 52

IP and Legal Filings

JANUARY 26, 2023

22] However, to remedy this caveat, the court propounded that designating a colour using an internationally recognised identification code (such as Pantone) will constitute a graphical representation, being precise and stable. [23] 28, 2008, at 23- 28 as cited in Dev Gangjee, Non-Conventional Trade Marks in India , 22.1

Registration 79

Registration Trademark Trademark Law Law 79

Trading Secrets

JUNE 3, 2022

“Accordingly, the concept was readily ascertainable by proper means, and Vita cannot establish that its conceptual design was a trade secret.” These features appeared in defendant’s own patent and could be seen in a variety of commercially available alternatives that were created prior to plaintiff’s conceptual design.

Law 59

Law Confidentiality Designs Design 59

Technology & Marketing Law Blog

JUNE 26, 2023

The (unnecessarily confusing) majority opinion suggested several exclusions to Section 230’s immunity, including these statements: “If you don’t encourage illegal content, or design your website to require users to input illegal content , you will be immune.” However, it has not benefited plaintiffs as much as I initially expected.

Advertising 101

Advertising Advertising Marketing Marketing 101

Copyright Lately

NOVEMBER 22, 2023

Back in the late 70s, an insurance agent named Charles Rolfe asked Wesley Streeter, a taxidermist, to design a lightweight turkey decoy mold that could be reproduced and sold commercially. Not the stuff your vegan friend brings with her to Thanksgiving dinner, but hunting decoys.

Copyright 78

Copyright Copying Copyright Infringement Designs 78

Technology & Marketing Law Blog

JANUARY 23, 2024

Didion (2008) 160 Cal.App.4th Plaintiff visited the Mizzen and Main website on his mobile device, which advertised the company’s messaging program and offered a discount to customers who signed up for emails and texts. See Bruni v. — The other recent case that got my blood boiling was Derriman v. citation omitted).

Contracts 82

Contracts Blogging Advertising Advertising 82

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

IIPRD

FEBRUARY 23, 2021

Masai is an international player in the footwear industry engaged in designing, marketing, and distributing shoes. In 2008, the company secured a patent for creating a “physiological footwear” which stimulates the body’s supporting system. They were able to invest in IP protection, research and development, and advertising.

IP 40

IP Intellectual Property Branding Brands 40

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Copyright Lately

DECEMBER 28, 2022

The company has brought over 300 cases since 2017, often using copyrighted product images as a technical hook to shut down undesired resellers who advertise its products at below retail prices. In 2008, Morford’s concoction appeared for less than two seconds out of a nine minute YouTube video seen by fewer than 500 people.

Copyright 83

Copyright Art Licensing Social Media 83

Technology & Marketing Law Blog

APRIL 27, 2022

This particular lawsuit targets Craigslist even though Craigslist shut down its adult services category in 2010, eight years before FOSTA was enacted, and some of the ads in question are from 2008 or before. In the latest ruling, the supervising judge responds to the magistrate’s R&R.

Blogging 108

Blogging Law Publishing Editing 108

Technology & Marketing Law Blog

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” Publisher/Speaker Claims.

Blogging 90

Blogging Social Media Editing Designs 90

Technology & Marketing Law Blog

JUNE 9, 2024

The court responds: “Doe’s breeding ground theory essentially seeks to hold Meta liable for failing to remove traffickers’ grooming messages and posts advertising their victims for sex.” The claims didn’t try to fit into the Section 230 FOSTA exception, though this case otherwise looks like a FOSTA case.

Blogging 58

Blogging Editing Marketing Marketing 58

Technology & Marketing Law Blog

MAY 27, 2022

Whoever that 1 defendant is in this case (my view: the advertisers on Backpage who uploaded the ads), it sure isn’t a downstream vendor like Salesforce. s trafficker would eventually place the advertisements trafficking G.G.), s trafficker would eventually place the advertisements trafficking G.G.), Implications.

Blogging 126

Blogging Publishing Advertising Advertising 126

Technology & Marketing Law Blog

FEBRUARY 14, 2022

Rather, Plaintiffs allege that Defendants encourage and materially contribute to the development, optimization, and advertising of CSAM on Pornhub. Further, not only are Defendants aware of the CSAM content, but they boast to potential advertisers of their intimate knowledge of users’ interactions with that illegal content.

Blogging 106

Blogging Law Advertising Advertising 106

Technology & Marketing Law Blog

SEPTEMBER 6, 2021

As for Twitter’s receipt of a benefit from the sex trafficking venture, the court says these allegations are good enough: the FAC contains detailed allegations about how Twitter monetizes content, including CSAM, through advertising, sale of access to its API, and data collection. Defective design (along the lines of Lemmon v.

Blogging 112

Blogging Publishing Social Media Advertising 112

Technology & Marketing Law Blog

JANUARY 18, 2022

trafficking when they enter into agreements with traffickers to share proceeds of advertisement revenue earned from child pornography videos posted to their websites, and actively employ tactics to make it difficult for law enforcement to locate traffickers. ” Benefit from the venture. Scienter about sex trafficking. Ruling #1: A.B.

Blogging 123

Blogging Reporting Publishing Law 123

43(B)log

JULY 20, 2023

Ford advertised its Shelby GT350 Mustang as “track ready.” “But As for the facts: The Shelby is an upgrade of the standard Mustang and, importantly here, was advertised as “an all-day track car that’s also street legal.” Track-readiness was a central theme in Ford’s Shelby advertising. Tershakovec v. Ford Motor Company, Inc.,

Advertising 52

Advertising Advertising Law False Advertising 52

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. Materiality can also be relevant to whether class treatment is justified in a private FAL/UCL restitution action.

Advertising 59

Advertising Advertising Marketing Marketing 59

Technology & Marketing Law Blog

MAY 28, 2022

these features demonstrate that craigslist materially contributed to the advertisements L.H.’s Craigslist. * Facebook Still Can’t Dismiss Sex Trafficking Victims’ Lawsuit in Texas State Court. * Craigslist Denied Section 230 Immunity for Classified Ads from 2008–ML v. The plaintiff’s. According to L.H.,

Blogging 113

Blogging Publishing Confidentiality Editing 113