Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. 4) Social media “defective design” lawsuits go forward. Musk has bridged that gap. and the transition to a Web 3.0 Following the Lemmon v. TikTok bans.

Law 102

Law Social Media Advertising Advertising 102

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Gardens Alive, Inc (“Gardens Alive”) is reported to be a family of brands that provide fertilizers, pest and design control products, seeds, perennials, bulbs, nursery stock, gifts, games and mores. In 2010, J&P Park Acquisitions, Inc. Gardens Alive’s family of brands include, among others, Weeks Roses. 4:21-cv-00113-SEB-DML.

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

OCTOBER 25, 2022

The book, Kanellopoulou explains in the introduction, was inspired by the 2010 merger of Live Nation and Ticketmaster to form Live Nation Entertainment Inc., In which market would the two companies pose a threat to competition? the world’s first fully vertically integrated provider of live music entertainment.

Music 86

Music Marketing Marketing Business 86

LexBlog IP

NOVEMBER 17, 2022

This action follows the FTC’s September publication of “ Bringing Dark Patterns to Light ,” a report demonstrating companies’ increased use of design practices known as “dark patterns” to influence consumers buying behavior (the “Staff Report”). The FTC’s latest enforcement action confirms that message. What are dark patterns?

Privacy 52

Privacy Reporting Advertising Advertising 52

Patently-O

MARCH 26, 2024

Brady for an improved dredge boat design. It found that Brady’s claimed arrangement would have been obvious to any skilled engineer tasked with designing a dredge boat, given the existing knowledge in the field. The case addressed the validity of a patent granted to Edwin L. Such inventors are worthy of all favor. 63, 67 (2020).

Invention 57

Invention Art Patent Designs 57

SpicyIP

OCTOBER 27, 2023

Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour Srijaa Grover and Yaggya Kapoor Harry Brignull introduced the concept of “dark patterns” in 2010, describing them as deceptive tactics aimed at boosting conversion rates. The DoCA had illustrated 10 practices as dark patterns. They are: 1.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

The IPKat

JULY 30, 2023

of the Trade Mark Directive states that trademark rights are exhausted if the goods bearing the trademark have been put on the market in the EEA (European Economic Area) by trademark owners or with their consent. However, how can trademark owners know for sure where second-hand products were initially put on the market? Article 15.1

Branding 97

Branding Brands Branding Advertising 97

The TTABlog

FEBRUARY 22, 2022

96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , In re Eagle Crest Inc. , 129 USPQ2d 1148, 1149-50 (TTAB 2019)." The record included numerous examples of third parties using "get ordained" to convey its ordinary meaning.

Service Mark 76

Service Mark Advertising Advertising Registration 76

IP and Legal Filings

FEBRUARY 12, 2023

Markets all around the world has been specially targeted the most under the globalization. Thus, brought many effects on all the markets globally; some have been reengineered, some have been revamped and the rest have been in a state of flux. The IPR and competition law relationship is dominated by two primary issues.

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Prior import plans in 2010-11 were paused. T]he one showed in the application is not mine.” So, did Industria satisfy Lexmark ?

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

AUGUST 11, 2023

23] observed that a trader acquires a right of property in a distinctive mark merely by using it upon or in connection with his goods…the trader who adopts such a mark is entitled to protection directly as soon as the article having assumed a vendible character is launched in the market… common law rights are left wholly unaffected. [24]

Trademark 85

Trademark Registration Intellectual Property Intellectual Property Law 85

The IPKat

MAY 5, 2023

This Kat was present as godmother during a baptismal ceremony in 2010 and another parent (not my goddaughter's) who proposed ‘Domitila’ as her daughter’s baptismal name, received several queries of “are you sure” from the priest.] not confer trade mark or copyright ownership of the work on such actor.

Registration 121

Registration Ownership Copyright Trademark 121

LexBlog IP

JANUARY 17, 2024

Financial Market Utilities This exemption includes any financial market utility designated by the Financial Stability Oversight Council under Section 804 of the Payment, Clearing, and Settlement Supervision Act of 2010.

Reporting 52

Reporting Ownership Business Government 52

The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

Branding 52

Branding Brands Branding Registration 52

U.S. Department of Commerce

JUNE 2, 2021

Relying on Jobs’ marketing and design skills and Wozniak’s engineering insights, the pair co-founded Apple Computers in 1976. She was awarded the Medal in 1989 for overseeing the design, construction, and operation of the TEVATRON particle accelerator. Today, Apple remains an international, multibillion-dollar company.

Technology 52

Technology Intellectual Property Invention Inventor 52

Patently-O

FEBRUARY 27, 2024

For a PHOSITA, a circle within a chip-design drawing may have a particular meaning that would be meaningless to an ordinary reader. 2010) (SCT “directed us to construe the scope of analogous art broadly”); Airbus S.A.S. Of course, the PHOSITA level is fact dependent and changes according to the area of technology or market.

Art 120

Art Invention Patent Application Patent 120

The IPKat

SEPTEMBER 27, 2023

In 2010, the Hebrew University of Jerusalem sued General Motors for the unauthorized use of an image of Albert Einstein in a humorous advertisement of a General Motors’ vehicle, depicting the physicist topless ( Case no.

Personality Rights 129

Personality Rights Advertising Advertising Publishing 129

Bio Law Blog

JANUARY 8, 2020

The Biologics Price Competition and Innovation Act of 2009 (BPCIA) was passed as part of health reform signed into law by President Obama in March 2010. In particular, after March 23, 2020 , a marketing application for a biological product that historically could have been submitted under Section 505 of the FD&C Act (e.g.,

Marketing 40

Marketing Marketing Settlement Litigation 40

LexBlog IP

SEPTEMBER 10, 2021

But since 2010, the Federal Circuit has issued several decisions upholding induced infringement claims against skinny labels for infringement of the carved-out uses. Teva had marketed a generic version of GSK’s carvedilol product, Coreg®, since 2008, first with a carved-out “skinny label” and then with a complete label.

Marketing 52

Marketing Marketing Patent Publishing 52

LexBlog IP

AUGUST 30, 2023

He worked for large companies, active worldwide in the food industry, which specialised in the design and development of recipes and culinary products for industrial use. 7) CJEU, C-406/2010, ECLI:EU:C:2012:259, paragraph 33. In 2017, he met the first defendant, a high-ranking executive in an international food-industry company.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. Nor could Google place ads in Plaintiffs’ marketing brochures or superimpose ads on top of Plaintiffs’ print advertisements without Plaintiffs’ permission and without paying Plaintiffs’ price. 1-800 Contacts v. Silvaco Data Sys.

Licensing 87

Licensing Copyright Contracts Advertising 87

The IP Law Blog

APRIL 8, 2021

The battle began between these tech giants when Google designed its Android software platform for mobile devices, such as smartphones. In designing the mobile platform, Google independently developed most of the code but copied what the parties referred to as “declaring code” for 37 application programming interfaces, or APIs.

Fair Use 52

Fair Use Copyright Copying Designs 52

LexBlog IP

AUGUST 29, 2023

Financial Market Utilities This exemption includes any financial market utility designated by the Financial Stability Oversight Council under Section 804 of the Payment, Clearing, and Settlement Supervision Act of 2010.

Reporting 52

Reporting Ownership Business Government 52

IP and Legal Filings

OCTOBER 12, 2021

In 2019, the global luxury wines and spirits market was valued at around $970 billion. The Champagne region of France has continued a tradition of sourcing grapes from a particular designated region. Moreover, Nashik Valley Wine (belonging to Maharashtra) had acquired a GI tag in the year 2010.

Registration 52

Registration Intellectual Property Marketing Marketing 52

IIPRD

NOVEMBER 14, 2023

Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. 1] Presently, multiple e-commerce platforms have emerged in the market which was predominantly ruled by Amazon and Flipkart. 17] Imagine Marketing Pvt.

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. In 2010, the Second Circuit issued a watershed decision about secondary trademark infringement. Overturning Tiffany v.

Trademark 135

Trademark False Advertising Advertising Advertising 135

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 92

Fair Use Licensing Copying Artwork 92

Kashishipr

AUGUST 24, 2022

A trademark refers to any mark capable of being represented graphically, identifying the products or services of one and distinguishing them from those of others in the market. The same is done through the Nice Classification of Goods and Services , which, in 2010, added Class 43 for restaurants and hotels.

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

Trademark 59

Trademark Registration Copyright Patent 59

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The authors also look to lawmakers at the federal and state levels, who considered a variety of legislative proposals relating to biologics and biosimilars designed to improve patient access, encourage commercialization, and reduce costs. Companies are already taking advantage of these new designations. Biosimilar Regulatory Updates.

Settlement 40

Settlement Licensing Designs Design 40

The IPKat

SEPTEMBER 12, 2021

Abbott has two CGM devices on the market - the Freestyle Libre 1 and Libre 2 - which Abbott claims is the top selling CGM product in the world, used by 3 million people in 50 countries. With a more expensive product than Abbott's, Dexcom has a much smaller UK market share. Libre 2 was launched in October 2020.

Litigation 98

Litigation Patent Marketing Marketing 98

43(B)log

MARCH 20, 2023

Thus, at trial, defendants weren’t allowed to present evidence showing that Hawai‘i doctors and patients hadn’t changed how they prescribed or consumed Plavix after information about the poor responder issue was added in 2010 to the black box warning. This one didn’t.

Law 45

Law Advertising Advertising Journalism 45

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. 96 USPQ2d 1479, 1497 (TTAB 2010). The inclusion of the design element did not change this conclusion as POTIFY was the dominant portion of the mark.

Television 40

Television Music Advertising Advertising 40

Patently-O

DECEMBER 14, 2023

The case involves an attempt by generics to begin marketing a generic version of Acadia’s Parkinson’s drug Nuplazid (pimavanserin). It was not until 2010 that Acadia actually amended the specification to formally identify the application as a divisional six months after the ‘740 patent had already issued.

Patent 62

Patent Patent Application Invention Designs 62

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. Market uptake of biosimilars has generally trended upwards in 2020.

Settlement 52

Settlement Litigation Marketing Marketing 52

IP and Legal Filings

OCTOBER 14, 2022

The COVID-19 pandemic has also acted as an impetus and accelerated the growth of the digital market. These contracts get their designation from the premise that you typically must tap a logo on a window to confirm them. 2010), the offer and acceptance were communicated by email in the absence of signature documents.

Contracts 52

Contracts Business Technology Law 52

LexBlog IP

NOVEMBER 29, 2022

Hetronic, a manufacturer of radio remote controls for heavy duty construction equipment, sued its former distributor Abitron for trademark infringement as Abitron continued to use the Hetronic trademark to market and sell Abitron’s own remote controls after the distribution agreement was terminated. Hetronic International, Inc.,

Trademark 52

Trademark Law Branding Brands 52