43(B)log

DECEMBER 7, 2023

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.

False Advertising 59

False Advertising Social Media Advertising Advertising 59

LexBlog IP

JULY 5, 2023

On 28 June 2023, Coimisiún na Meán ( CnaM ) launched a consultation on the designation of video-sharing platform services ( VSPSs ) under the Online Safety and Media Regulation Act 2022 (the OSMR ), amending the Broadcasting Act 2009. It also requires Member States to ensure that VSPSs comply with advertising standards.

Designs 52

Designs Design Advertising Advertising 52

LexBlog IP

DECEMBER 11, 2023

15/2009 on Tobacco Control, Cabinet Decision No. 15/2009 on Tobacco Control: Article 1: The law defines “Tobacco Products” as anything made from tobacco leaves, whether it is the whole leaf, chopped pieces, or mixed with other substances. Strict regulations on tobacco and vaping advertisements. Federal Law No.

Law 52

Law Designs Design Advertising 52

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. While keyword advertising uses trademarked words to divert customers, cybersquatting involves acquiring domain names to benefit from trademarks. Case Study: Satyam Infoway Ltd.

Trademark 88

Trademark Social Media Advertising Advertising 88

TorrentFreak

SEPTEMBER 29, 2023

‘Video & Music Downloader’ doesn’t explicitly advertise itself as a tool to convert music videos into MP3s, but many people may use it for that reason. It’s possible that some requests may have been denied because the apps don’t openly advertise themselves as music-ripping tools.

Music 96

Music Advertising Advertising Social Media 96

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. seriously, are you still posting THERE???)

Law 101

Law Social Media Advertising Advertising 101

LexBlog IP

MARCH 15, 2024

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. From the decision: “Left untouched, pure gold is yellow. ” Plaintiff alleged that it has used the mark RED GOLD on watches since 1989.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

43(B)log

JULY 1, 2022

Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Omissions and inactions of this sort do not constitute either ordinary advertising or “a systematic communicative endeavor to persuade possible customers to buy the seller’s product.” John Daly Enters.,

Advertising 59

Advertising Advertising False Advertising Public Use 59

TorrentFreak

JANUARY 18, 2023

In 2009, legal pressure resulted in a temporary shutdown. The team notes that the financial position was dire due to a decline in user contributions and issues that prevented it from having decent advertisements. The site, which relied on a team of contributors, soon gained a steady user base.

Cinema 125

Cinema Advertising Advertising Branding 125

The TTABlog

SEPTEMBER 15, 2023

As to the second factor, the evidence included advertising for Applicant’s product stating that the "hex pattern" is a means of keeping the polishing pad cooler when polishing surfaces. Buff and Shine claimed use of the proposed mark since at least 2009, but it offered no "look for" advertising directing consumer attention to the design.

Designs 72

Designs Design Advertising Advertising 72

The TTABlog

MARCH 17, 2022

In 2009, Viacom let lapse its registration for DOUBLE DARE for production and distribution of a children's game show. Applicant Armstrong contended that Viacocm abandoned the DOUBLE DARE mark between 2009 and 2018, and so Armstrong filed its intent-to-use application in January 2018. Reruns followed.

Television 80

Television Social Media Trademark Registration 80

IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. OS) 1745/2009 Rajagopal and Ors. State of T.N.,

Privacy 98

Privacy Intellectual Property Law Intellectual Property Copyright 98

Copyright Lately

JULY 12, 2021

Baron Cohen argues that the use of his name and likeness in a cannabis advertisement (which he’d never agree to) would have commanded a much higher amount. In 2009, Woody Allen settled a right of publicity and Lanham Act lawsuit for $5 million after his likeness from “Annie Hall” was used on a billboard for American Apparel.

Copyright 80

Copyright Advertising Advertising Settlement 80

43(B)log

NOVEMBER 8, 2021

ThermoLife’s website also advertises its “Patented Nitrate Technology.” (DE But a factfinder could conclude that “the challenged advertising statements are material in that the statements involve inherent qualities or characteristics of the CRTN-3 product that could influence a consumer’s decision to purchase the product.”

Patent 59

Patent Advertising Advertising Licensing 59

IP and Legal Filings

AUGUST 22, 2022

In 2009, there was a draft revision to the media law which was circulated. The circulars were released by the competent authority regarding the clarification of rules on advertisements to use a non-vague language and the restrictions on how to advertise health-related products and drugs.

Social Media 52

Social Media Publishing Law Government 52

The IPKat

NOVEMBER 30, 2023

Furthermore, it was only after Italy claimed 'Prosecco' as a protected designation of origin that the EU declared the 'Prosecco' grape variety would be renamed as 'Glera' in 2009. Whilst not raised in the Court of Appeal, in the earlier proceedings, AGWI had sought to bolster its argument with research by academics at Monash University.

Registration 134

Registration Advertising Advertising Law 134

The IPKat

JUNE 11, 2022

It was also noted that this conclusion was reached by the BoA without deeming it necessary to assess whether sales figures for iMac computers since 2009 were sufficient to demonstrate genuine use of the marks. On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9.

Advertising 97

Advertising Advertising Reporting Branding 97

43(B)log

OCTOBER 31, 2022

Lanham Act false advertising: The theory was that Meta misrepresented “the creation and ownership” of Logan’s photos. Dastar doesn’t clearly bar false advertising §43(a)(1)(B) claims in general, but it does bar the claim as pled here: “a copyright claim repackaged under a trademark statute.” 3d 1137 (9th Cir. Baden Sports, Inc.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

Indiana Intellectual Property Law

DECEMBER 23, 2022

according to their website, was formed by Monte McClung in 2009 after a 20 year Career at Gema. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). The Defendant, First in Finishing, Inc., First in Finishing, Inc.’s

Trademark 52

Trademark False Advertising Patent Registration 52

IP Tech Blog

APRIL 17, 2023

Confirmation on Demand The Draft Amendment to the Trademark Law (Article 18) finally codifies the established practice that well-known status is neither a one-time decision by a higher administrative body (as it used to be before 2009) nor a permanent state.

Trademark Law 57

Trademark Law Trademark Law Branding 57

LexBlog IP

APRIL 17, 2023

Confirmation on Demand The Draft Amendment to the Trademark Law (Article 18) finally codifies the established practice that well-known status is neither a one-time decision by a higher administrative body (as it used to be before 2009) nor a permanent state.

Trademark Law 52

Trademark Law Trademark Law Branding 52

43(B)log

MARCH 20, 2023

The state alleged that Plavix was less effective in patients who had certain liver-enzyme mutations, and that defendants knew this fact years before 2009, when the FDA updated Plavix’s label with information about the issue. In 2009, a BMS employee wrote: [I]t looks like we are into stalling some more.

Law 45

Law Advertising Advertising Journalism 45

SpicyIP

NOVEMBER 8, 2023

Basheer, in his 2009 post, about Chantix, a Pfizer-patented anti-smoking drug, raised questions regarding transparency around the discretion to require local clinical trials. Only then does Google need to take action against the advertisement and not otherwise. and Class 5.2 ruling on Indian businesses and trademark holders?

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

JANUARY 11, 2024

He turned 18 in 2009. Thus, to the extent a violation occurred in 2009 when Mr. Elden turned 18, he would have had to bring his action by 2019 to avoid the 10-year bar under the first prong of the statute of limitations provision. The baby in that photo is Spencer Elden, who was four months old at the time the photograph was taken.

Copyright Infringement 52

Copyright Infringement Music Advertising Advertising 52

The TTABlog

AUGUST 17, 2022

2009); In re California Innovations , 329 F.3d Second, the screenshots are merely an advertisement of a third party cigar manufacturer touting the attributes of its product. In re Spirits Int’l N.V. , 3d 1347, 90 U.S.P.Q.2d 2d 1489, 1490-95 (Fed. 3d 1334, 66 U.S.P.Q.2d 2d 1853, 1858 (Fed. consumers have viewed this website.

Advertising 40

Advertising Advertising Branding Brands 40

Kluwer Copyright Blog

AUGUST 25, 2023

Background Christmas in the UK has become almost synonymous with the arrival of the John Lewis advertisement that for many marks the beginning of the festive season. Since 2009, these advertisements have been created by leading agency, adam&eve.

Copyright 52

Copyright Copying Copyright Infringement Social Media 52

IP and Legal Filings

JUNE 12, 2023

sought an interim injunction against Hindustan Coco-Cola for infringement of their copyright on ‘Yeh Dil Maange More’ which was used by Hindustan Coco-Cola as ‘Kyo Dil Maange No More’ in their advertisement. Vipul Amrutlal Shah (2009) and MRF Limited v. Hindustan Coca Cola Ltd, wherein the Pepsi Co. s commercial.

Copyright Law 85

Copyright Law Copyright Law Copyright Infringement 85

The IPKat

AUGUST 8, 2023

Background In 2009, S. This would preclude any other use of the sign as a figurative mark, e.g., on packaging, labels or other advertising material in order to enable consumers to identify the commercial origin of the goods. This was certainly also the case in 2009 when the contested mark was filed. In 2017, Apart sp.

Art 52

Art Law Advertising Advertising 52

DuetsBlog

JUNE 15, 2020

Rapala’s “More Hits Than Google” Billboard Update (Photo Included) (2009). And, by the way, what is your all-time favorite from the annual Rapala line up that we’ve been covering for a dozen seasons now (minus 2019, given my move)? Good Bye Google, Hello Whudjagiddumon? Rapala Taunts a Monster? Rapala: Happy Fishing on Mother’s Day (2012).

Registering Trademarks 52

Registering Trademarks Trademark Branding Brands 52

43(B)log

SEPTEMBER 26, 2021

No decision I have found fully addresses what standing limits there are on Article I courts; the Court of Federal Claims applies Art. III standing requirements despite being an Article I court, e.g., Weeks Marine, Inc. United States, 575 F.3d 3d 1352, 1359 (Fed. Apparently there is a dispute over whether Art. III applies in bankruptcy court.)

Law 83

Law Art False Advertising Advertising 83

SpicyIP

NOVEMBER 2, 2021

Accepted & Advertised. Advertised before acceptance. Once the dataset was built, we segregated examination reports on basis of whether the mark was accepted or whether it was objected to. Exam Report Issued. Rectification Filed. Registered. Under Division.

Reporting 126

Reporting Trademark Advertising Advertising 126

The TTABlog

SEPTEMBER 23, 2022

Advertising and preparatory measures, such as taking reservations, may precede the rendering of services, but they are not the same as rendering those services." As to the two articles, they were not advertisements, and the mark was buried in the body of the articles. Emphasis by the Board). & & Rehab., Airflite, Inc.,

Service Mark 52

Service Mark Registration Advertising Advertising 52

IP and Legal Filings

SEPTEMBER 2, 2021

This implies that the Treaty prevents the usage of the Olympic symbol on any goods, advertisements or websites that are unaccredited by the IOC. During the 1992 French Winter Olympics, MasterCard telecasted several advertisements which attempted to imply that they were linked to the upcoming Summer Games in Barcelona.

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 52

The TTABlog

JANUARY 24, 2022

Fender Musical Instruments , 94 USPQ2d 1549, 1555 (TTAB 2009) (guitar shape). "[C]ourts The applicant did not offer survey evidence nor any evidence of "look for" advertising. Genericness: Generic product designs cannot be registered. See , e.g., Stuart Spector Designs, Ltd. Its sales figures lacked information regarding market share.

Designs 52

Designs Design Registration Music 52

IP and Legal Filings

SEPTEMBER 14, 2023

One of the early high-profile incidents of greenwashing is the infamous ‘Dieselgate’ of 2009 in which Volkswagen launched “clean diesel” cars just by installing a software to evade emission tests, which was later busted by the United States, Environmental Protection Agency.

Branding 81

Branding Brands Branding Trademark 81

IP and Legal Filings

JANUARY 5, 2023

The plaintiff has made various efforts to make their trademark famous like advertising and has hosted various sports and cultural events including international cricket matches. The plaintiff by these advertisements has gained a big market all over the world. COURT’S DECISION.

Trademark 85

Trademark Branding Brands Branding 85

43(B)log

AUGUST 18, 2022

The district court certified a class of those who purchased the coffeemaker at a New Mexico Wal-Mart store from 2009 to 2013, approximately 40,600 members. The coffeemaker evidently proved unsatisfactory, and the Pumas sued.

Trademark 64

Trademark Licensing Branding Brands 64