The TTABlog

JUNE 10, 2021

The Board then applied the CAFC's Converse analysis to applicant's evidence: use of the proposed mark since 2007, approximately 250,000 units sold for $3M in revenue, $25,000 spent for advertising, promotion of mark on social media an on its website, and a ranking for several years as the best-selling and highest-rated pellet on Amazon.com.

Advertising 52

Advertising Advertising Social Media Marketing 52

43(B)log

AUGUST 17, 2021

Plaintiffs sued for false advertising and false endorsement under the Lanham Act, violation of their right to publicity, deceptive trade practices under New York GBL Section 349, and defamation. 2021), which considered all these claims except for false advertising. The court was guided by Electra v. 59 Murray Enterprises, Inc.,

Social Media 59

Social Media False Advertising Advertising Advertising 59

Patently-O

DECEMBER 11, 2023

so-called “non-expressive” use in which copying is undertaken not to distribute the copied material directly or indirectly but rather for some other purpose. Under governing law, that is a judicial function. As we explained in our initial Comments, U.S. 4] Authors Guild, Inc. Vanderhye v. iParadigms, LLC, 562 F.3d HathiTrust, 755 F.3d

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

The IP Law Blog

JANUARY 11, 2024

Three months after its release, Nevermind rose to the top of the Billboard 200 rankings and has sold over 30 million copies. He turned 18 in 2009. Many will remember the cover of Nevermind that featured a naked baby swimming underwater and reaching for a dollar bill on a fishing hook.

Law 62

Law Copyright Infringement Music Advertising 62

LexBlog IP

JANUARY 11, 2024

Three months after its release, Nevermind rose to the top of the Billboard 200 rankings and has sold over 30 million copies. He turned 18 in 2009. Many will remember the cover of Nevermind that featured a naked baby swimming underwater and reaching for a dollar bill on a fishing hook.

Copyright Infringement 52

Copyright Infringement Music Advertising Advertising 52

The IP Law Blog

SEPTEMBER 22, 2022

Johnson Enterprises bought a copy of the P&P game, sent samples to a Chinese manufacturer, and began selling an almost identical version of P&P’s game that it called “Tailgating Pros White Connect 4” in October 2017. The Ninth Circuit first recognized that “proof of copying strongly supports an inference of secondary meaning.”

Copying 98

Copying Marketing Marketing Advertising 98

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The papers were taken from copies of the examination papers that students provided, not from publications by the University of London Press Ltd.

Copyright 87

Copyright Public Domain Copying Publishing 87

TorrentFreak

JULY 21, 2022

Founded in 2009 and based in Sweden, Epidemic Sound has a library of more than 35,000 music soundtracks and 90,000 sound effects. Epidemic says Meta is generating revenue on the back of this infringement but thus far, Meta hasn’t obtained a license or shared any portion of its advertising revenue with the music company.

Music 131

Music Copyright Infringement Licensing Copyright 131

SpicyIP

MAY 2, 2022

Given advertising is the primary source of revenue of the Defendant, the use of the Plaintiff’s works by the Defendant, not for reporting current events and affairs but rather for programmes titled “ Bollywood ki Mou Mistri”, “Surili Rakhi”, “Bollywood Mashup”, “Kahani Rakhsabandhan Ki” cannot be fair dealing. In Wiseau Studio v.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. It was thus barred from equitable relief for its trademark infringement, false advertising, and state deceptive trade practices claims.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

LexBlog IP

SEPTEMBER 22, 2022

Johnson Enterprises bought a copy of the P&P game, sent samples to a Chinese manufacturer, and began selling an almost identical version of P&P’s game that it called “Tailgating Pros White Connect 4” in October 2017. ” Art Attacks Ink, LLC v. 3d 1138, 1145 (9 th Cir.

Copying 52

Copying Marketing Marketing Advertising 52

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 119

False Advertising Advertising Advertising Law 119

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 96

Privacy Intellectual Property Law Intellectual Property Advertising 96