Plagiarism Today

SEPTEMBER 22, 2022

First off today, David Saleh Rauf at Edweek Market Brief reports that ACT has emerged victorious in a legal fight against their competior WIN as an appeals court has upheld a legal victory for the prominent testing organization. According to the lawsuit, ACT and WIN were partners for nearly 15 years before their partnership ended in 2011.

Settlement 184

Settlement Copyright Infringement Contracts Plagiarism 184

Velocity of Content

OCTOBER 28, 2022

The independent nonfiction press launched in 2011 and claims to have sold more than 50 million units since. In a statement on Monday, Callisto did not identify any specific reasons for the move, although the decline in juvenile nonfiction sales is certainly one reason, Albanese suggests. The post Downturn for Book Business?

Business 52

Business Publishing Marketing Marketing 52

LexBlog IP

JULY 12, 2023

Join BakerHostetler for our series of Fireside Chats about the latest developments impacting the capital markets and their participants, and the blockchain industry.

Marketing 52

Marketing Marketing Intellectual Property 52

TorrentFreak

AUGUST 19, 2021

However, the parties cannot reach a compromise so IA is now demanding access to detailed book sales performance data for all books sold since 2011. “Here, IA self-evidently harms Plaintiffs’ existing markets by refusing to pay the customary fees that aggregators pay to distribute the same ebooks to library borrowers. .

Publishing 142

Publishing Fair Use Marketing Marketing 142

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

U.S. Department of Commerce

NOVEMBER 23, 2021

Founded by American Express in 2010 and officially cosponsored by SBA since 2011, Small Business Saturday has become an important part of small businesses’ busiest shopping season. Get free Small Business Saturday marketing materials ?- Historically, reported projected spending among U.S. How You Can Participate . For shoppers .

Business 95

Business Social Media Reporting Marketing 95

TorrentFreak

FEBRUARY 8, 2024

That very little content was available to buy legally online not only helped to fuel the crisis, in this underdeveloped market many ISPs still had just one key product to sell; internet access and the bandwidth it consumed.

Law 103

Law Publishing Marketing Marketing 103

Velocity of Content

SEPTEMBER 24, 2021

In 2011, Hagen Berman successfully sued Apple and five major publishers for colluding to fix e-book prices. In their brief, Albanese explains, the publishers assert that the alleged conspiracy does exactly what the publishers have long resisted, which is to ‘immunize’ Amazon from competition and solidify Amazon’s market position.

Publishing 52

Publishing Contracts Marketing Marketing 52

IPilogue

APRIL 29, 2022

In 2011, Atari filed a copyright lawsuit against Tommo , a wholesaler, for importing bootleg versions of its Flashback 2 plug-and-play console to sell to unsuspecting consumers in the US. Consumers can easily find similar products online due to the booming international e-commerce market.

Copyright 119

Copyright Designs Design Technology 119

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 74

Trademark Branding Brands Branding 74

Technology & Marketing Law Blog

JULY 14, 2022

Sifuentes got a Dropbox account in 2011. Dropbox says it has amended its TOS twelve times since 2011, including adding the arbitration clause in 2014. [NB: Dropbox appeared first on Technology & Marketing Law Blog. I hope it’s not. * * *. The Court Opinion. The court says Dropbox properly formed the TOS. Why so long?

Contracts 107

Contracts Blogging Business Law 107

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

The IPKat

OCTOBER 30, 2023

Hopefully, the CJEU, when answering the questions referred by the Swedish Patent and Market Court of Appeal in ‘Mio’ , will return to the clear and correct findings of ‘Painer’. This concept of reciprocity is a well-established adage not only in copyright law but also in design law as demonstrated elsewhere.

Copyright Law 78

Copyright Law Copyright Law Marketing 78

Patently-O

JANUARY 31, 2024

Regarding irreparable harm, SmartSky argued several theories, including lost sales and market share to Gogo’s larger existing market presence, price erosion from Gogo’s ability to undercut SmartSky’s prices, and harm to SmartSky’s business reputation and goodwill. “The mere possibility or speculation of harm is insufficient.”

Marketing 59

Marketing Marketing Litigation Business 59

The TTABlog

JANUARY 20, 2022

As to commercial strength, the LISTERINE product has been marketed continuously since 1879. Maher , 100 USPQ2d 1018, 1023 (TTAB 2011). The inspiration for the term LISTERINE came from an English doctor, Joseph Lister, the first surgeon to perform an operation in a chamber sterilized with antiseptics." Nike, Inc.

Fair Use 143

Fair Use Advertising Advertising Licensing 143

TorrentFreak

JANUARY 5, 2023

Other members of the Copyright Alliance include the RIAA, which recently reported several AI-music mixing platforms to the United States Trade Representative, hoping to have them listed as upcoming threats in the USTR’s ‘Notorious Markets’ report. The last time the RIAA spent more was back in 2018, and before that, 2011.

Government 125

Government Reporting Intellectual Property Copyright 125

The IPKat

DECEMBER 23, 2022

Thus, a low volume of goods marketed under that trade mark may be compensated for by high intensity of use or a certain constancy regarding the time of use of that trade mark or vice versa (08/07/2004, T 334/01, Hipoviton, EU:T:2004:223, § 36). That assessment implies a certain interdependence between the factors taken into account.

Marketing 73

Marketing Marketing Publishing Designs 73

SpicyIP

JULY 28, 2023

The courts have repeatedly held that in the Indian market, if the customers and services offered by the company are different, similar trademarks may be protected. Public perception which is a relevant factor is possible with Twitter due to its current foothold in the market.

Trademark 96

Trademark Marketing Marketing Branding 96

The TTABlog

MARCH 15, 2024

The mark has been widely advertised and promoted, has enjoyed high sales for the years since 2011, and has been the subject of numerous unsolicited media references. VEUVE CLICQUOT brand champagne is sold everywhere in the United States, through both online and in more than 50,000 brick-and-mortar stores.

Advertising 49

Advertising Advertising Branding Brands 49

Technology & Marketing Law Blog

AUGUST 30, 2023

For example, 9th Circuit courts used the “Internet trinity” factors in the 2000s, and then switched in 2011 to a unique four-factor test from the Network Automation. ” Marketing channel. Colibri appeared first on Technology & Marketing Law Blog. ” Relatedness of goods. The litigants directly compete.

Advertising 84

Advertising Advertising False Advertising Trademark 84

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

Technology & Marketing Law Blog

OCTOBER 29, 2023

We haven’t had an email filtering case involving 230(c)(2)(A) for years, but as I wrote in 2011 , “if an email service provider blocks your email, the courts aren’t going to help you out.” “a provider such as Google can filter spam, including marketing emails, as ‘objectionable’ material under section 230.”

Marketing 110

Marketing Marketing Social Media Law 110

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. Eagle Pharm., 2021-2342, — F.4th 4th — ( Fed. 18, 2022 ). 35 U.S.C. § 355(j)(2)(A)(vii)(IV). 3d 1366, 1378 (Fed.

Branding 87

Branding Brands Branding Marketing 87

The IPKat

OCTOBER 4, 2021

In 2011, Nestlé secured a preliminary injunction in Switzerland, based on its registered 3D mark, against Ethical Coffee Company's capsules. Quoting the CJEU, the Federal Supreme Court explained that trade mark law is an essential aspect of, and must contribute to, a competitively functioning free market.

Public Domain 145

Public Domain Marketing Marketing Licensing 145

Plagiarism Today

JUNE 1, 2022

However, in February 2011, Google launched its “Panda” update , which heavily targeted content farms, including sites that were engaging in scraping. This has taken many forms, including article marketing and spinning. In 2006, for example, Google told legitimate authors not to worry about duplicate content issues.

Plagiarism 178

Plagiarism Copying Copyright Marketing 178

IP Tech Blog

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective.

Litigation 98

Litigation Patent Intellectual Property Branding 98

TorrentFreak

JUNE 6, 2023

At a time when a limited number of rightsholders were demanding thousands of dollars from alleged BitTorrent pirates, Rightscorp focused on the budget end of the market. in losses since the company launched in 2011. Can The Indie Market Give Rightscorp a Boost? In 2014, the company revealed a $2.2m

Settlement 103

Settlement Music Publishing Copyright 103

The IPKat

JUNE 11, 2022

However, upon further examination, it appears that the outcome was to be expected, given that revocation proceedings were based on a lack of genuine use of the mark between 2011 and 2016. from 14 October 2011 to 13 October 2016). Trying to follow Apple's words of wisdom.

Advertising 97

Advertising Advertising Reporting Branding 97

IPilogue

FEBRUARY 28, 2023

In 2011, to enforce the decision in the States, De Fontbrune brought the case to California who ruled in Wofsy’s favour in 2019. The appellate court agreed that Zervos’ photographs were protected by copyright, as it involved sufficient creativity.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

SpicyIP

SEPTEMBER 18, 2023

Hons) LLB from NALSAR, Hyderabad in 2011 and MSc from Oxford, UK in 2012. Furthermore, the continuous sales done by the violating party flood the market with infringing products where they are sold at a fast pace on a regular basis. His predominant areas of practise are Arbitration, Commercial and Intellectual Property Laws.

Cease and Desist 115

Cease and Desist Intellectual Property Law Settlement Copyright Infringement 115

Technology & Marketing Law Blog

MAY 15, 2023

2011 WL 1675043 (N.C. 28, 2011) Hare v. 2022) The post Two Common but Disingenuous Phrases About Section 230 appeared first on Technology & Marketing Law Blog. . * * * Appendix A: Cases Using the Phrase “Lawless No-Man’s-Land” Fair Housing Council of San Fernando Valley v. Roommates.Com, LLC , 521 F.3d

Branding 81

Branding Brands Branding Blogging 81

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

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. Previous year-in-review lists from 2022 , 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006.

Law 101

Law Social Media Advertising Advertising 101

TorrentFreak

FEBRUARY 15, 2022

Since 2011, the High Court has ordered ISPs to block access to many popular pirate sites. ‘Notorious Market’ What we do know is that the MPA has had Mixdrop on its radar for a while now. as a “notorious” piracy market in its most recent submission to the US Trade Representative.

Copying 97

Copying Television Intellectual Property Copyright 97

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2022

6 Given this statutory regime, competitors would not even be able to prepare to market their pharmaceutical products or seek FDA approval until expiration of any blocking patents. 09-cv-5879, 2011 U.S. 20, 2011). [2] 4) the product has been subject to a regulatory review period before its commercial marketing or use[.]”). [5]

Invention 52

Invention Patent Marketing Marketing 52

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. If they really wanted to build their business, they could have invested that money into marketing instead of legal fees. lululemon appeared first on Technology & Marketing Law Blog.

Advertising 105

Advertising Advertising Settlement Trademark 105

The IPKat

NOVEMBER 30, 2023

Prosecco from Northern Italy had been in the Singapore market since about 2011. AGWI submitted evidence that more than 25 brands of Prosecco had been exported from Australia to Singapore since 2015, albeit in much smaller quantities than from Italy.

Registration 134

Registration Advertising Advertising Law 134