Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Gutman appeared first on Technology & Marketing Law Blog.

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Social Media Ownership Designs Design 78

IP and Legal Filings

JULY 28, 2022

It was back in January 2011 when Future Enterprises had officially filed ‘Mac Coffee and Eagle device’ trademark before DOI. However, McDonald’s can still appeal in higher court against the recent decision, which, McDonald’s previously in 2011 did not file any appeal in higher court. Conclusion.

Trademark 77

Trademark Branding Brands Branding 77

The IPKat

DECEMBER 23, 2022

On 24 January 2019, Hotel Cipriani S.P.A (‘Hotel Cipriani’) filed a revocation request against all of the goods designated to the contested EUTM, invoking Article 58(1)(a) EUTMR. That assessment implies a certain interdependence between the factors taken into account.

Marketing 73

Marketing Marketing Publishing Designs 73

Kluwer Copyright Blog

APRIL 2, 2024

Photo by TheoRivierenlaan from Pixabay The Austrian Supreme Court (hereinafter: “ASC”) ruled on 19th of December 2023 ( 4 Ob 112/23h ) in a case concerning the 2019 film “Yesterday” The Plaintiff alleged that the film infringed its copyright in a short screenplay idea published in 2011.

Copyright Law 56

Copyright Law Copyright Law Cinema 56

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.

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Law Social Media Advertising Advertising 102

Technology & Marketing Law Blog

AUGUST 12, 2023

That practice largely stopped in 2011 in the medical community when Medical Justice reversed course and stopped encouraging doctors to use gag contracts; and the CRFA’s passage further sent clear signals to the business community to quit it. 10, 2023) Robinson v. Hah , 2023 WL 5122503 (Tex.

Contracts 68

Contracts Licensing Business Blogging 68

The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

Registration 67

Registration Intellectual Property Designs Design 67

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. Gardens Alive acquired the assets of Weeks on June 5, 2011 out of a bankruptcy through its wholly owned subsidiary IGP Acquisition LLC.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

NOVEMBER 30, 2022

The 19th Asean meeting, which took place in November 2011, saw the introduction of the Regional Comprehensive Economic Partnership. By integrating 16 nations’ markets, the Regional Comprehensive Economic Partnership (RCEP) aspires to make it simpler for each nation’s goods and services to be available throughout the region.

Intellectual Property 71

Intellectual Property Marketing Marketing IP 71

IPilogue

JUNE 16, 2022

2011 FCA 228 as: The act of infringement must be completed by the direct infringer; The act would not have been committed “but for” the inducement or encouragement; and. The evidence indicated that the designs for the cassettes came directly from the parent company in California, which also made marketing decisions in Canada.

Patent Infringement 106

Patent Infringement Patent Designs Design 106

Patently-O

AUGUST 19, 2022

In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. We have the ANDA filing, but there are always substantial design choices before final release. Eagle Pharm.,

Branding 87

Branding Brands Branding Marketing 87

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Products may also come in widely recognised packaging designs.

Trademark 90

Trademark Branding Brands Branding 90

Technology & Marketing Law Blog

MARCH 19, 2022

As I’ve explained many times over, Section 230 by design applies when defendants exercise editorial discretion over third-party material; the whole point is to encourage entities to do more content moderation. Gellis appeared first on Technology & Marketing Law Blog. The Real Estate Group. March 17, 2022). The complaint.

Publishing 105

Publishing Blogging Litigation Designs 105

TorrentFreak

JULY 11, 2022

The BPI says this is the first time since website blocking began in 2011 that a mobile operator has begun blocking pirate sites. Considering the millions the company spends on advertising and marketing each year, EE makes absolutely zero personal appearance in the BPI’s announcement, not even a short comment from a spokesperson.

Music 126

Music Publishing Ownership Marketing 126

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. 1114(1)(a) on a direct infringement theory ( Chanel, Inc.

Branding 52

Branding Brands Branding False Advertising 52

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. 1114(1)(a) on a direct infringement theory ( Chanel, Inc.

False Advertising 52

False Advertising Branding Brands Branding 52

The IPKat

JANUARY 24, 2022

Last week, the General Court (GC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group , concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon Boots. Since then, over 20 million pairs have been sold. Registration ( No 10 168 441 ) was granted the following year.

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Registration Copyright Copyright Infringement Branding 142

LexBlog IP

JULY 5, 2023

In 2011, Hydronic began reverse-engineering Hetronic parts and contracted new suppliers to source them. When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring.

Trademark 52

Trademark Marketing Marketing Contracts 52

Garrigues Blog

NOVEMBER 30, 2021

Molagominola) and FNAC, thereby rejecting the existence of unfair competition in the marketing of certain idiosyncratic sweet containers. On June 25, 2021, the Civil Chamber of the Supreme Court dismissed the appeal filed by Happy Pills, S.L against Fresh & Good, S.L

Branding 98

Branding Brands Branding Law 98

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. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products.

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

AUGUST 11, 2021

UAE has a large chunk of the Indian population and getting a trademark registration will surely give a boost to the market of Khadi. To promote the sale and marketing of khadi and/or products of village industries or handicrafts, the KVIC may forge linkages with established marketing agencies wherever feasible and necessary.

Registration 52

Registration Trademark Branding Brands 52

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

SpicyIP

JUNE 26, 2022

The Finished Article: Essays on Indian Designs Law. I am delighted to take this opportunity to share with the SpicyIP community the release of my book, The Finished Article: Essays on Indian Designs Law (Thomson Reuters, 2022, ISBN-13: 978-9393702173). Eashan writes about Indian intellectual property law on his Medium page.

Designs 133

Designs Design Law Intellectual Property 133

Patently-O

AUGUST 3, 2023

Moderna asserts that it pioneered these innovations years before the COVID-19 pandemic and patented them between 2011-2016. The complaint alleges Pfizer and BioNTech initially tested different vaccine designs but ultimately chose to copy Moderna’s approach, despite being aware of Moderna’s patents.

Patent 97

Patent Patent Infringement Copying Technology 97

IP and Legal Filings

FEBRUARY 2, 2024

Gebi Products [10] , The Gala Company used the label mark “LAXMI” to market brooms. Brooms are one of the things that Gebi, another firm, began marketing under the name “MAHA LAXMI.” 8] 2011 (48) PTC 235 (Del.) (DB) In Freudenberg Gala Household Ltd v. Commercializing religion via trademarking god.

Trademark Law 93

Trademark Law Trademark Law Service Mark 93

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

The IPKat

SEPTEMBER 27, 2023

states became evident in a lawsuit from 2011 between a celebrity photographer and Marilyn Monroe’s estate ( Greene Archives v. For instance, the Indiana Civil Code § 32-36-1-8 (current through P.L. However, there is no federal law regarding the matter. Therefore, laws vary state by state. The legal differences between the U.S.

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Personality Rights Advertising Advertising Publishing 129

LexBlog IP

SEPTEMBER 10, 2021

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. Teva complied with FDA’s instructions and marketed the generic product with a complete label. GSK II , 7 F.4th 4th at 1325–26. at 1324–25.

Marketing 52

Marketing Marketing Patent Publishing 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 4, 2021

4] There, the Federal Circuit held that Bolar’s use of Roche’s patented product in conducting tests to prepare its FDA application infringed Roche’s patent, even though Bolar would not market its competing product until after Roche’s patent expired. [5] 09 C 5879, 2011 WL 4442825 (N.D. 20, 2011). [23] 19, 2012); Isis Pharms.,

Invention 52

Invention Patent Marketing Marketing 52

43(B)log

MAY 12, 2022

The UCL’s “ ‘purpose is to protect both consumers and competitors by promoting fair competition in commercial markets for goods and services.’ ” Abbott Laboratories v. The UCL, like the FAL, “is broad and sweeping to protect both consumers and competitors by promoting fair competition in commercial markets for goods and services.”

False Advertising 59

False Advertising Advertising Advertising Business 59

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

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Art Marketing Marketing Artwork 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Early commercialization efforts were flops—such as the attempt to build a LISP machine designed to implement AI languages. These projects were designed for cloud-based infrastructure that could be leased and rapidly scaled from a prototype into a commercial offering. In 2016, the size of the AI market was estimated at $8 billion.

Law 40

Law Patent Technology Art 40

The IPKat

JULY 26, 2021

MOCCA (and picture)’ as shown below, filed by a company named Rui Chang in March 2011, was approved for registration in China in May 2012 (No. The defence Rui Chang argued that the disputed trade mark was an originally designed combination of verbal and figurative elements with the fanciful word ‘MOCCA’.

Branding 76

Branding Brands Branding IP 76

Herbert Smith Freehills

JULY 6, 2022

This poses fundamental questions for legal systems designed for conventional businesses with connections to physical locations. Despite acknowledging its business had global reach, Nifty also alleged it did not direct any marketing activity toward the UK. Nifty argued the CJJA does not apply to arbitration-related claims.

Artwork 52

Artwork Non-Fungible Tokens Business Contracts 52

Patently-O

JANUARY 20, 2023

To support his business, he initially published catalogs for mail-order electrical components, but the catalogs soon morphed into full-sized magazines with titles like “Modern Electrics, ” marketed to inventors and amateur “tinkerers.” Inventors’ autobiographies, interviews, speeches, and marketing efforts can reveal clues.

Patent Law 95

Patent Law Law Inventor Patent 95

The IPKat

MARCH 17, 2024

Importantly for this case, VCC produces two types of expensive French red wine involving various up-market grape types. Kreglinger's first vintage of the wine promoted and sold as "New Certan" was the 2011 vintage, released in 2013. For the earliest vintages, the label depicted the de Moor family home on their vineyard in Tasmania.

Designs 107

Designs Design Marketing Marketing 107

TorrentFreak

JULY 2, 2023

“Because of my advanced skills in designing hardware and coding on early computers, I quickly found out that working on modchips was basically just good old low-level coding. In 2011, he eventually sold the site to a third party, which aimed to unite several gaming sites.

Business 142

Business Government Technology Advertising 142