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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

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. Will Freeman focuses his practice on patent litigation in U.S. He received his J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

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 For insights, read Anupriya’s post on Interdigital v.

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 IP Law Blog

SEPTEMBER 22, 2022

The Ninth Circuit noted that courts should consider a number of factors, including “direct consumer testimony; survey evidence; exclusivity, manner and length of use of a mark; amount and manner of advertising; amount of sales and number of customers; established place in the market; and proof of intentional copying by the defendant.”

Copying 98

Copying Marketing Marketing Advertising 98

SpicyIP

MAY 10, 2023

1055/DELNP/2009 for the invention –“Process Device with Density Measurement” and the subsequent rejection order (dt July 7, 2017) passed by the Controller. Sidenote: We’ll put out an in-depth assessment of the information regarding IPD’s performance, as highlighted in this report, in an upcoming post.] Rosemount Inc.

Trademark 126

Trademark Invention Patent Art 126

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 83

Trademark Branding Brands Branding 83

SpicyIP

MAY 2, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. Further, the mere fact that the use is commercial in nature does not de facto hold use to be infringement, and the amount of emphasis laid by the Court on advertising ad revenue was clearly unfair. Akshat Agrawal.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

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

The TTABlog

AUGUST 15, 2022

Nor was there any evidence of advertising. Branded contended that it had been policing its marks, which showed its intent to resume use, However, there was no evidence of the issuance of cease-and-desist letters, nor of the commencement of any litigation. The found this evidence of enforcement efforts "not persuasive."

Registration 52

Registration Cease and Desist Branding Brands 52

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. So what do we make of the earlier rulings that suggested hiQ had a legally protected right to scrape? ¯_(ツ)_/¯ CCB Launches We have a new venue for copyright litigation.

Law 114

Law Social Media Government Privacy 114

LexBlog IP

SEPTEMBER 22, 2022

The Ninth Circuit noted that courts should consider a number of factors, including “direct consumer testimony; survey evidence; exclusivity, manner and length of use of a mark; amount and manner of advertising; amount of sales and number of customers; established place in the market; and proof of intentional copying by the defendant.”

Copying 52

Copying Marketing Marketing Advertising 52

Technology & Marketing Law Blog

JULY 17, 2023

Nonetheless, the majority opinion will have significant practical implications for transnational litigation in all IP areas. As noted by one transnational litigation scholar , this test would have “made the place of the conduct producing the evil, rather than the place of the transaction, determinative.” Yes, and no.

Trademark 70

Trademark Blogging Litigation Law 70

Patently-O

DECEMBER 11, 2023

The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. That is far too hasty. Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

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. Same analysis as negligence. See Herrick, 765 Fed.

Blogging 109

Blogging Publishing Social Media Advertising 109

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. The House also advanced the Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act (H.R. BPCIA Litigation. Biosimilar Approvals and Launches in 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

If nothing else, litigants know where they stand in these jurisdictions. 2009) (holding that a contract was not preempted by copyright). In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” 634 F.Supp.2d

Blogging 80

Blogging Copyright Contracts Cease and Desist 80