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Dastar bars false advertising claim against "first of its kind" ads

43(B)log

were not designed to protect originality or creativity.” “Yet Yet that is precisely what Plaintiff seeks to protect in this case: the originality and novelty of its own cooler design.” 6:12-CV-499, 2014 WL 11848751, (E.D. July 25, 2014), report and recommendation adopted, No. 6:12-CV-499, 2014 WL 11829325 (E.D.

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China: Design Patents and the Metaverse

IP Tech Blog

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. 2014)??(?)???2815?). Article 2.4 Article 2.4

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TTAB Says "No Dice" to Opposer's Claim of Functionality of Dice Box Configuration

The TTABlog

"The mark consists of a three-dimensional configuration of the interior of a hex shaped box with a honeycomb configuration of seven interior hexagonal indentations on the bottom of the box and the design of a six point star, having flat points, on the top of the box. Opposer Taylor admitted that alternative designs are available.

Designs 57
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Timbs: Iconic Enough for Trademark Protection?

Patently-O

The TTAB gave little weight to the fact that the agency has issued registration certificates on many different shoe designs. Lee , 1:13-CV-1464 AJT/JFA, 2014 WL 5500799, at *1 (E.D. Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. TBL Complaint.

Trademark 131
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TTAB Denies Cancellation Petition for Failure to Prove Acquired Distinctiveness of Petitioner's Common Law Marks

The TTABlog

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. Its sales figures prior to 2014 (totaling $514,798) were "unimpressive." Natural Dog Acquisition LLC v. TTABlogger comment: Is this a WHYP?

Law 52
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2023 Internet Law Year-in-Review

Technology & Marketing Law Blog

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 102
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Has Diehr been Overruled?; and How do you Prove Technological Advance

Patently-O

The improvement was touted as enabling vastly more efficient and superior manufacture of components – not just by Petitioner’s experts, but also in the defendant’s advertising. 208 (2014). That the invention was an important real-world manufacturing innovation was, as a factual matter, thoroughly established. CLS Bank Int’l , 573 U.S.