The TTABlog

OCTOBER 5, 2023

This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." Applicant markets KIST to reference a kiss." Opposer markets SUNKIST to reference the sun." It failed to do so. And so, the Board jettisoned the dilution claim.

Advertising 67

Advertising Advertising Marketing Marketing 67

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. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

TorrentFreak

NOVEMBER 1, 2021

Among other things, he allegedly advertised and trafficked circumvention devices, while maintaining regular contact with resellers throughout the world. Bowser’s involvement started in June 2013 and continued until his arrest last year. According to the indictment, Bowser was more than just a writer. Bowser Pleads Guilty.

Government 137

Government Advertising Advertising Copying 137

43(B)log

OCTOBER 1, 2021

Whole Foods Market Service, Inc., Whole Foods began purchasing small quantities of basil from them and selling the product in Whole Foods Market stores in the San Diego area in 2007. False advertising: Plaintiffs didn’t plausibly plead a false or misleading statement in a commercial advertisement or promotion.

False Advertising 69

False Advertising Advertising Advertising Marketing 69

The IPKat

JUNE 6, 2022

CIVC affirmed that “Champanillo” constituted an evocation of PDO “Champagne”, which is considered an infringement under Regulation (EU) No 1308/2013. In considering the case, the Barcelona Appeal Court expressed uncertainty regarding the interpretation of Regulation (EU) No 1308/2013, and so it requested for a preliminary ruling (case C?783/19

Social Media 128

Social Media Advertising Advertising Designs 128

43(B)log

APRIL 26, 2022

Painaway advertised its products as “Australia’s No. Around 2013, MaxRelief also made “Australia’s # 1” claims through its website, Twitter, and YouTube accounts. Around 2013, MaxRelief also made “Australia’s # 1” claims through its website, Twitter, and YouTube accounts.

Television 72

Television Social Media Advertising Advertising 72

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” ” Market Effect. Nature of Use.

Fair Use 88

Fair Use Licensing Copyright Marketing 88

43(B)log

OCTOBER 7, 2021

Grundman sued under the CLRA, the federal Magnuson-Moss Consumer Warranty Act, California’s Grey Market Goods Act, and its Song-Beverly Consumer Warranty Act. The watches were sold without the manufacturer’s express warranty but the seller, AuthenticWatches.com, provided its own warranty. Unsurprisingly, that triggered a federal lawsuit.

Litigation 59

Litigation Advertising Advertising Marketing 59

IP and Legal Filings

JANUARY 19, 2023

Introduction Prior to 2017, China was the largest cryptocurrency market in the world, with 80% of Bitcoin transactions, the most popular digital currency, taking place in yuan 1. The 2013 circular on Bitcoin is one of the official opinions on how the Chinese government views cryptocurrencies.

Government 73

Government Marketing Marketing Business 73

The TTABlog

MAY 16, 2023

Comptime claimed substantially exclusive use since 2013, but in light of the highly descriptive nature of the mark, the Board exercised its discretion to deem that evidence insufficient. Comptime spent about $13,000 per year on advertising, but the Board was not impressed with these relatively modest expenditures.

Registration 52

Registration Advertising Advertising Copying 52

IP and Legal Filings

JANUARY 2, 2024

Financial intermediaries like banks and stock markets provided loans and facilitated share capital inflow and trading. However, start-ups often start with high costs and limited revenue, making it difficult for them to mobilize capital from traditional channels like the stock market or financial institutions. 100 Crores.

Business 82

Business Reporting Marketing Marketing 82

TorrentFreak

DECEMBER 12, 2022

Due to Hollywood legal action, PrimeWire was among the first 30 sites to be blocked in the UK back in 2013 , but that was just the beginning. When the MPAA reported the site to the USTR in 2013 , it was hoped PrimeWire would fold but, despite additional reports over subsequent years, it carried on regardless.

Reporting 113

Reporting Copyright Intellectual Property Advertising 113

The IPKat

JANUARY 25, 2024

Background In 2010, Buongiorno Myalert SA (Buongiorno), an Italian mobile apps and services provider, launched an advertising campaign for a paid subscription to a multimedia messaging service, marketed under the name ‘Club Blinko’.

Advertising 67

Advertising Advertising Law Marketing 67

The TTABlog

AUGUST 3, 2022

Respondent established a first use date of December 2013. Petitioner sunk its own claim that its marks acquired distinctiveness in 2008 by testifying that its sales that year were $256; furthermore there were no advertising expenditures during 2008-2010. Pet Go Round of Greensboro , Cancellation No.

Law 52

Law Registration Designs Design 52

The TTABlog

FEBRUARY 22, 2022

In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013). Applicant did not provide direct evidence of acquired distinctiveness, such as survey evidence or consumer declarations, but instead relied on circumstantial evidence regarding its length of use, advertising expenditures, sales, and number of users.

Service Mark 76

Service Mark Advertising Advertising Registration 76

Technology & Marketing Law Blog

JULY 9, 2022

The FTC alleged that: from 2013 to mid-2018, nonsubscribers were unaware that “as many as 25-30 percent of Match.com members who registered each day were using Match.com to perpetrate scams.” Match Group LLC , 2022 WL 877107 (N.D. March 24, 2022). A rare and surprisingly bad loss for the FTC on Section 230. ’”. . Elliot v.

Advertising 121

Advertising Advertising Publishing Blogging 121

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AKF sued LCF etc. 3d 1068 (9th Cir.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

TorrentFreak

NOVEMBER 14, 2022

So-called ‘fully-loaded’ Android boxes were openly sold on eBay, Amazon, and other online platforms, while local markets, car boot sales, and dedicated retail units offered a same-day service. New Marketing Strategy Changed Nothing. New Marketing Strategy Changed Nothing.

Intellectual Property 84

Intellectual Property Cinema Marketing Marketing 84

TorrentFreak

MAY 15, 2022

In 2013, it was one of the first to add support for Bitcoin donations , with Litecoin and Monero following shortly after. Initially, we assumed that this was some type of advertising deal for a third party, but the site swiftly reassured the public it was serious. This includes The Pirate Bay. The PirateToken. “Much Ideas.

Advertising 69

Advertising Advertising Marketing Marketing 69

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

Indiana Intellectual Property Law

MARCH 17, 2023

Fort Wayne, Indiana –The Plaintiff, Roller Ready, LLC , filed suit against Defendants, LA Systems, LLC d/b/a Monkey Rung and Paul Kiley for engaging in false marketing practices, violating the Indiana Deceptive Trade Practices Act, engaging in unfair competition under Indiana common law, and infringing on Roller Ready’s trademark.

Business 52

Business Marketing Marketing Branding 52

LexBlog IP

FEBRUARY 28, 2022

9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v. precisely replicat[ing] a copyrighted advertising logo to make a comment about consumerism’ (such as Warhol’s well-known depictions of Campbell’s soup cans), which ‘might. fall within the scope of fair use.’” Id.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

The IPKat

APRIL 1, 2024

This may include surveys or market studies and statements from professional bodies or the specialised public. Information on turnover, sales figures and market shares as secondary evidence were not deemed enough without primary evidence. Lidl argued inter alia that the evidence for Portugal and Greece was insufficient.

Art 82

Art Registration Marketing Marketing 82

The IPKat

DECEMBER 13, 2023

In 2013, Germany introduced legislation (Sections 87f, 87g and 87h of the German Copyright Act) vesting press publishers with a waivable right over their news content. It concerns the waivability of the right and the modalities for its exercise.

Related Rights 80

Related Rights Publishing Licensing Contracts 80

The TTABlog

JANUARY 24, 2022

Applicant has sold its "Ark" bag since January 2013, with sales increasing sharply in 2017. The applicant did not offer survey evidence nor any evidence of "look for" advertising. Its sales figures lacked information regarding market share. ordinary consumers who purchase handbags.

Designs 52

Designs Design Registration Music 52

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The TTABlog

SEPTEMBER 12, 2022

107 USPQ2d 1750, 1765 (TTAB 2013), aff’d mem., Its advertising expenditures of $524,000 for the period 2015-2019 were "quite modest" and it was unclear how these expenditures resulted in exposure of the proposed mark to consumers. million in annual sales was vague and unspecific, and the numbers were not put in context of market share.

Advertising 40

Advertising Advertising Marketing Marketing 40

The IPKat

FEBRUARY 17, 2022

If so, read on… Pawing over the evidence… Background On 21 st June 2013, Destileras M.G., For example, there was a lack of evidence in relation to the distribution of advertising and marketing evidence, and the only evidence of turnover submitted was comprised of seventeen invoices. Feeling a bit tipsy with this result?

Registration 52

Registration Public Domain Marketing Marketing 52

The IP Law Blog

MAY 20, 2021

It has marketed its software under the name “SmartSync” since 2004 and obtained a trademark for SmartSync in 2007. It sells its software primarily to the United States Navy but, in 2013, sold its software to at least one major pharmacy chain.

Trademark 98

Trademark Marketing Marketing Business 98

IP Tech Blog

DECEMBER 20, 2023

FDA in 2013 under NDA No. The plaintiff argued that if the ANDA filer were to market vortioxetine for treatment of MDD, as proposed, it would infringe the later-expiring patents. As stated by the Court, the statute requires that the infringing use “must be the use for which an applicant is seeking marketing approval.”

Patent 62

Patent Litigation Marketing Marketing 62

The IPKat

SEPTEMBER 24, 2021

In conjunction with its claims, Sony filed a written statement with annexed evidence including: screenshots of announcements from websites regarding the launch of the PlayStation Vita console; press releases relating to the PlayStation Vita console and various games to be played on it; and various advertising brochures and videos.

Marketing 57

Marketing Marketing Ownership Advertising 57

The IPKat

APRIL 26, 2023

Further, an incorrect date could constitute misleading advertising under Art. Assuming an incorrect or at least questionable date from the outset would violate the presumption of lawful conduct of market players, which is a presumption that has been accepted by some courts (e.g. 6 of Directive 2005/29/EC.

Designs 76

Designs Design Art Intellectual Property 76

43(B)log

FEBRUARY 21, 2024

Facebook advertising for the 2014 app continued until 2016 or 2019 and remained available for download; even though the Pebble Watch was discontinued in late 2016, WCT’s principal testified that “there remains a loyal following among the Pebble Watch community.” Downloads declined after a 2015 peak. But a jury could find bona fide use.

Marketing 59

Marketing Marketing Trademark Branding 59

43(B)log

MARCH 22, 2023

20, 2023) The parties compete in the supplement market using direct marketing, so compete in both consumer supplement sales and in sales representative recruitment. Usana incorporates the Guide into its marketing training. Usana characterizes payments to NutriSearch and MacWilliam as marketing expenses. Ariix LLC v.

Editing 59

Editing False Advertising Social Media Marketing 59

The IPKat

FEBRUARY 23, 2023

In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. This form of words was very like the version which failed in 2013 but with the most offending word therein, “predominant”, removed. It is not clear why, but Nestle did not appeal this decision.

Registration 76

Registration Advertising Advertising Law 76

LexBlog IP

DECEMBER 20, 2023

FDA in 2013 under NDA No. The plaintiff argued that if the ANDA filer were to market vortioxetine for treatment of MDD, as proposed, it would infringe the later-expiring patents. ” As stated by the Court, the statute requires that the infringing use “must be the use for which an applicant is seeking marketing approval.”

Patent 52

Patent Litigation Marketing Marketing 52

The IPKat

NOVEMBER 20, 2023

The BoA discussed the items of evidence filed by 44IP: Statistical data of people watching Formula 1 in 2013 did not include data from Bulgaria, Croatia, Estonia, Latvia and Lithuania. In 2014, Lewis Hamilton was ranked ‘the most marketable athlete’.

Art 105

Art Branding Brands Branding 105