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. There was no evidence of intentional copying or of unsolicited media coverage.

Registration 52

Registration Advertising Advertising Copying 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. Industria became aware of Latinfood’s Zenú and Ranchera products sometime between October 2013 and September 2014. Prior import plans in 2010-11 were paused.

False Advertising 59

False Advertising Advertising Advertising Registration 59

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 91

Fair Use Licensing Copying Artwork 91

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. A copyright is a right against the world.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

43(B)log

DECEMBER 18, 2023

Simpson’s structural connectors are specified on most construction drawings in the US; its market share is over 75%. All Simpson’s connectors, catalogs, marketing literature, and retail display materials, are clearly labeled with the “Simpson Strong-Tie” name. California UCL: same. But it doesn’t matter.

False Advertising 64

False Advertising Advertising Advertising Copyright 64

LexBlog IP

FEBRUARY 28, 2022

9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v. That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20] 1] Andy Warhol Foundation for the Visual Arts v. 3d 312, 316 (S.D.N.Y.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

The TTABlog

JANUARY 24, 2022

Applicant has sold its "Ark" bag since January 2013, with sales increasing sharply in 2017. Its sales figures lacked information regarding market share. The issue, then, was the primary significance of the proposed mark. The Board applied the Converse factors to make it determination.

Designs 52

Designs Design Registration Music 52

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. AT&T Mobility, LLC, 710 F.3d

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

Patently-O

AUGUST 3, 2023

The lawsuit centers around two key components of Moderna’s mRNA platform that it claims Pfizer copied – the use of modified nucleosides like 1-methylpseudouridine and the encoding of a full-length coronavirus spike protein. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127.

Patent 97

Patent Patent Infringement Copying Technology 97

IPilogue

AUGUST 3, 2021

Though mass-marketed in a $2 million promotional campaign , Earthbound failed replicate its Japanese success in North America. Copies of the game along with a gamer’s guide packaged in special extra-large cardboard boxes sat unsold on shelves for months. History of Earthbound.

Copyright 112

Copyright Music Licensing Copying 112

Technology & Marketing Law Blog

OCTOBER 2, 2022

The plaintiff, NOC, is a teenager who has copyrighted designs in hand-drawn dots that Target allegedly copied in the clothing line. Work #6: posted to Facebook in 2013 and got 23 likes and 3 comments. appeared first on Technology & Marketing Law Blog. Work #4: posted in 2012 to Instagram and got 92 likes and 11 comments.

Copyright 96

Copyright Artwork Designs Design 96

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

Garrigues Blog

JULY 27, 2021

Together with that of 2013, this growth rate is the lowest yearly increase in filings since 2005. Copies sold : The US heads the ranking, reporting the largest number of copies sold, amounting to 2,629.6 million copies, followed by Japan (677.7 The trade sector accounted for more than 80% of total copies sold in the U.S.

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

Patently-O

SEPTEMBER 17, 2023

The touchstone is whether ordinary consumers in the relevant market are likely to be confused about the source of the goods. 2013) (“[The accused infringer] has in fact scrupulously avoided such confusion by choosing a starkly different logo that it prominently displays on its [products] and on all its sales and marketing literature.”).

Design Patent 70

Design Patent Patent Infringement Designs Design 70

LexBlog IP

OCTOBER 26, 2021

And now for round three, the FTC has focused on moneymaking opportunities and earnings claims , with 1,100 recipients receiving letters, including companies involved in multilevel marketing and coaching services, franchises, and large and small gig-app companies. Let’s talk a little bit about what is in the latest round of Notices.

Litigation 52

Litigation Marketing Marketing Copying 52

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 103

Copying Copyright Law Copyright Social Media 103

43(B)log

APRIL 18, 2023

VPX argued that Monster didn’t show irreparable harm because: (1) the harms are purely economic; (2) VPX “abandoned any marketing focus on Super Creatine or creatine” before the jury rendered its verdict; and (3) VPX’s remediation obviates the need for an injunction. Are lost prospective customers and market share purely economic harms?

False Advertising 72

False Advertising Advertising Advertising Social Media 72

The TTABlog

APRIL 5, 2022

Turning to the 10th DuPont factor, which concerns the market imterface between applicant and registrant, the Board reviewed a 2013 agreement between the parties' predecessors [a copy of which is appended to the opinion].

Registration 40

Registration Copying Designs Design 40

43(B)log

FEBRUARY 21, 2024

He posted about the app on social media but didn’t encourage others to do so; he didn’t have a written business or marketing plan before launch, and he did not create investor presentations, solicit investors, or raise capital. All of Peloton’s marketing materials that mention the term ‘Bike+’ are also branded with the [Peloton] mark.”

Marketing 59

Marketing Marketing Trademark Branding 59

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. If such an obligation were not to exist, rightholders could render user’s rights absolutely ineffective.

Copyright 122

Copyright Art Licensing Contracts 122

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. They also lacked information on the number of copies sold and their distribution among the general public or the number of online views.

Art 105

Art Branding Brands Branding 105

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. On this basis, the Court held that the defendant’s goods in (Kenyan) market would likely diminish the plaintiff’s goodwill.

Trademark 96

Trademark IP Registering Trademarks Branding 96

Selvam & Selvam Blog

APRIL 1, 2022

The mark “Respule” owned by Cipla Ltd has been in use since 2013 and Cipla had been selling medicines that treat respiratory ailments under the names Budecort Respules and Duolin Respules. Attempted to imitate the trade dress thereby causing confusion in the market and resulting in an act of passing off. Observations of the Court.

Intellectual Property 40

Intellectual Property IP Copyright Infringement Artistic Work 40

IIPRD

JUNE 29, 2022

Design Rights: By registering their product designs, they can prevent third parties from copying the original and new, aesthetic, or ornamental components of their creations. Sword strategy: The brand uses its intellectual properties as “weapons,” attacking anyone who tries to copy or infringe on their protected assets in any way.

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

Canadian Intellectual Property Blog

OCTOBER 13, 2021

Therefore, the factual aspects of The Black Donnellys were excluded from the Court’s comparison of passages from The Black Donnellys and the Outrageous Tale in its determination of whether there was copying of a “substantial part” of the originality of The Black Donnellys. 4] Cinar Corporation v Robinson , 2013 SCC 73 at para 26.

Copyright 52

Copyright Copyright Infringement Publishing Intellectual Property 52

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. It was ambiguous.

Registration 76

Registration Advertising Advertising Law 76

The IPKat

OCTOBER 7, 2021

Indeed, Motorola did not even have access to the infringing source code contained on the Qualcomm chips, which militates against a finding that Motorola deliberately copied SLC’s technology.” 6:12-CV-124, 2013 WL 12137842, at *3-4 (E.D. 5 In Core Wireless Licensing S.A.R.L. Apple, Inc. , 12-CV-02885-LHK, 2014 WL 1494247, at *13 (N.D.

Licensing 57

Licensing Litigation Technology Patent 57

Kluwer Copyright Blog

FEBRUARY 28, 2024

Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. Instead, Google Books was found to support the marketing of books by giving them increased public exposure. But he eventually reversed his own position.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d 3d -, 2022 WL 4591905, No. 18-CV-5930 (MKB) (E.D.N.Y.

Fair Use 52

Fair Use Trademark Copyright Editing 52

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

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Mala Chatterjee, Understanding Intellectual Property: Expression, Function, and Individuation © and patent differ in breadth and type of rights (copying requirement v.

IP 45

IP Invention Designs Design 45

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

While 2020 saw a slowdown in FDA approvals and biosimilar product launches from previous years, market uptake of biosimilars increased—and more biosimilars are sure to come. Already, FDA has licensed almost 30 biosimilars, nearly 20 of which are available to patients in the United States. BI pointed to Humira (adalimumab) as an example.

Settlement 40

Settlement Licensing Designs Design 40

Trading Secrets

DECEMBER 21, 2021

Academic panels evaluated the effects of non-compete clauses on labor market participants and their efficiency rationales. At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees.

Confidentiality 69

Confidentiality Law Contracts Business 69

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. When, therefore, another identical vanilla cream filled chocolate sandwich cookie enters the market, named ―FAB!O‖ KTTADI and KHADI are prima facie similar, rules Delhi High Court.

Designs 52

Designs Design Trademark Cease and Desist 52

The IPKat

JUNE 23, 2022

In most trade mark cases waiting a little longer to see the Defendant off the market would not, in my view, cause the Claimant a huge additional loss. Fenty v Arcadia [2013] EWHC 1945 (Ch) confirmed a long line of authority that this kind of evidence was admissible. The judge was very much in the former camp.

Branding 73

Branding Brands Branding Litigation 73

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

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. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. Yet biosimilars of anti-TNF?

Settlement 52

Settlement Litigation Marketing Marketing 52

LexBlog IP

DECEMBER 21, 2021

Academic panels evaluated the effects of non-compete clauses on labor market participants and their efficiency rationales. At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees.

Confidentiality 52

Confidentiality Law Contracts Business 52