Indiana Intellectual Property Law

AUGUST 6, 2021

Evansville, Indiana – In 2004, the Coca-Cola Company launched its Full Throttle® energy drink brand, which was later apparently acquired by Monster Beverage Company (“Monster”) in 2015. Since 2015, Energy claims it has spent over $22.6 million dollars in promoting the Full Throttle® brand.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

Technology & Marketing Law Blog

JULY 25, 2021

In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales. lululemon’s brand also displays prominently in its keyword ads. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. lululemon is the well-known yoga gear company. Google cases.

Advertising 105

Advertising Advertising Settlement Trademark 105

LexBlog IP

AUGUST 7, 2023

CCDH urges brands to not advertise on sites that promote disinformation. X Corp suggests that these efforts have resulted in reduced advertising levels on Twitter. Based on the complaint, a 43(a)(1)(B) false advertising cause is a bit of an uphill battle. Are the reports advertisements?

Social Media 52

Social Media Reporting Contracts False Advertising 52

IP and Legal Filings

OCTOBER 26, 2023

This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains. The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit.

Cease and Desist 99

Cease and Desist Trademark Registering Trademarks Business 99

KMK Blog

DECEMBER 17, 2019

You may be tempted this time of year to create advertising featuring The Elf on the Shelf ® (“TEOTS”) interacting in humorous ways with your product or service. While your audience may engage and enjoy such a campaign, TEOTS products should not be used to promote or endorse your products or brands. DON’T!

Intellectual Property 40

Intellectual Property Advertising Advertising Branding 40

Erik K Pelton

DECEMBER 20, 2022

Besides Mariah, there were many other celebrity trademark stories this year, as more an more celebrities launch more and more brands. On November 7 th , Conde Nast sued Drake and 21 Savage for $4 million for false advertising and infringing Vogue’s trademarks. 2015: [link]. The firm has registered more than 4,000 U.S.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IPilogue

JANUARY 21, 2022

Game publishers can decide what teams/players may compete, who may host tournaments, and how tournaments are advertised and broadcasted. For instance, in 2015, a Twitch streaming channel named “SpectateFaker” was issued a takedown notice by Abuzu , another video game streaming service.

Publishing 110

Publishing Intellectual Property IP Copyright 110

The IPKat

DECEMBER 17, 2021

According to the SCA, the target market for the products was made up of discerning consumers who were more concerned with the precise brand of watch they required, and who would be less likely to be deceived or confused by the limited similarities between the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. If that usage does not direct to any particular famous person then it would not lead to infringement of publicity rights.

Branding 98

Branding Brands Branding Personality Rights 98

TorrentFreak

JUNE 22, 2023

In February 2015, Nomm suddenly surfaced in Alexandria, Virginia, the district where the Megaupload indictment had been filed three years earlier. A talented graphic designer, Bencko was responsible for Megaupload’s logo and ensuring that other sites in the group looked good and accommodated advertising properly.

Graphic Design 142

Graphic Design Reporting Designs Design 142

43(B)log

AUGUST 1, 2022

ICC develops model building codes and standards; it sued a competitor, UpCodes, for false advertising (Lanham Act, NY GBL, and common law unfair competition). A plaintiff cannot state a false advertising claim based on such a statement because, by definition, it cannot be proven false. UpCodes Inc., 2022 WL 3008706, F.4th

False Advertising 59

False Advertising Law Advertising Advertising 59

43(B)log

JANUARY 5, 2024

The parties settled in 2015; defendants agreed to cease their use of those marks and to avoid the words “Florida” and “Virtual” together in a mark. While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength. statements as evidence of confusion.

Branding 59

Branding Brands Branding Marketing 59

Technology & Marketing Law Blog

AUGUST 5, 2022

The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” The court also found “Ms. Teamsters Loc.

Social Media 98

Social Media Ownership Branding Brands 98

TorrentFreak

APRIL 29, 2022

A month later, DISH and NagraStar followed up with a new lawsuit claiming that former SetTV operators Jason LaBossiere, Sean Beaman, and Stefan Gollner had launched three new pirate IPTV services/brands. Since 2017, Dish has been struggling to keep its stock price up from its 2015 and 2017 peaks,” LaBossiere’s answer begins.

Television 62

Television Licensing Branding Brands 62

IIPRD

FEBRUARY 27, 2021

But that doesn’t mean that before this incident Swift was not aware of her IP Rights; For example, in June 2015 Apple had planned to begin a new music streaming service; during a three-month trial period, Apple intended to offer subscribers the service for free by not paying any royalties. IPR and Branding.

Music 40

Music Branding Brands Branding 40

LexBlog IP

APRIL 11, 2022

The broader issue is whether all brands should reassess their general green claims to make sure they are appropriately qualified. This was followed by another set of cases in 2015 against multiple large retailers. Then, in 2013, the FTC settled with a group of large retailers that had received the letters. One group paid $1.26

Settlement 52

Settlement Blogging Branding Brands 52

43(B)log

JUNE 20, 2022

From 2011 to now, defendants continued to sell music and merchandise and to promote music videos and other media under the Darkside name, including creating a website to advertise their music and distributing sound recordings through Spotify, YouTube, and SoundCloud. The complaint didn’t rebut the presumption of prejudice.

Music 59

Music Branding Brands Branding 59

IP and Legal Filings

APRIL 19, 2023

Several Indian celebrities like Baba Ramdev and famous actress Kajol have followed the branding route to avoid misuse of their names. However, Section 2(m) appropriately includes the term “names” in its definition of “trademark”1. In Titan industries v. M/S Ramkumar jewellers, CS (OS) No.2662/2011,

Personality Rights 79

Personality Rights Privacy Moral Rights Copyright 79

JIPL Online

APRIL 9, 2021

Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] xi] See Diana Bradley, 5 Brands Insert Themselves into the Viral ‘Distracted Boyfriend’ Stock Picture , PRWEEK (Aug. 8, 2015), [link]. xii] See, e.g., Skager, supra note i. 21, 2021).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

SEPTEMBER 1, 2021

music synchronised in an advertisement) and adaptations (e.g. This is another sculpture from the Banality series: Koons used a photograph for an advert created for the French prêt-à-porter (ready to wear) brand Naf-Naf in 1988, that had been published in various women’s magazines such as “Elle” and “Marie Claire”.

Derivative Work 107

Derivative Work Copyright Law Copyright Law 107

The IPKat

NOVEMBER 29, 2021

In this commercial, a (very accurate) look-a-like of Verstappen, wearing the identical racing outfit Verstappen wore in the Jumbo commercial, delivers groceries in Picnic branded lorry. Comment An observant Kat might recall that the direction of the A-G is reminiscent of a decision by the Court of First Instance of Milan of 2015.

Law 70

Law Copyright Law Advertising Advertising 70

DuetsBlog

JUNE 15, 2020

Top Ten Questions About Rapala Minnocchio (2015). Rapala Taunts a Monster? Rapala: Happy Fishing on Mother’s Day (2012). Rapala Billboard Ads Continue to Engage (2013). Eat More Walleye? I Get It, Rapala Will Fill Up Your Fish Cooler! Rapala’s Public Service Announcement? Rapala’s 2018 Fishing Opener Billboard Ads (2018).

Registering Trademarks 52

Registering Trademarks Trademark Branding Brands 52

LexBlog IP

FEBRUARY 9, 2022

114 USPQ2d 1497, 1502 (TTAB 2015) (quoting Coach Servs. In doing so, the TTAB will consider: (i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties. (ii) Yankees P’ship v. IET Prods. & & Servs., § 1125(c)(2)(A).

Television 40

Television Music Advertising Advertising 40

43(B)log

JULY 15, 2022

In addition, the jury reasonably (if just barely) could have found that Core Health began to manufacture Max Racks after the agreement expired in November 2015.” Payment of the profits on those units reduced Core’s monetary liability, but not the violation. “In But the evidence of this was “relatively insubstantial.”

Advertising 59

Advertising Advertising Licensing False Advertising 59

Intepat

NOVEMBER 14, 2022

When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. Advertising; Business management, organization, and administration; Office functions. Trademark Classification.

Trademark 98

Trademark Registering Trademarks Registration Music 98

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. This was done during 2012-2015 when it faced bankruptcy. They were able to invest in IP protection, research and development, and advertising.

IP 40

IP Intellectual Property Branding Brands 40

43(B)log

SEPTEMBER 8, 2021

Defendants’ Teflon survey found that 88% of consumers understand “organic protein” to be a category of products rather than a brand name. Also, marketing representatives mistakenly placed Orgain’s shelf talkers—the advertisements that stick out from shelves in stores—on defendants’ products in Walmart stores, or vice versa.

Copying 83

Copying Marketing Marketing Social Media 83

The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing.

Branding 73

Branding Brands Branding Litigation 73

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. The High Court had awarded damages in the sum of 10milion Naira against the appellant, Morison Industries, who was the Defendant in that court.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

TorrentFreak

OCTOBER 18, 2022

After obtaining permission from the court in late April, MPA investigators began serving third-party subpoenas on advertising brokers including Amobee, Exponential Interactive, Oracle Corporation, Yahoo Ad Tech, AdSupply, Aragon Advertising, Insticator, and Outbrain, plus Amazon and Google. Arm’s Length Advertising.

Advertising 118

Advertising Advertising Business Reporting 118

IP Tech Blog

FEBRUARY 1, 2023

The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 48

Advertising Advertising Branding Brands 48

43(B)log

FEBRUARY 21, 2024

Downloads declined after a 2015 peak. 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.” Peloton’s core brand is Peloton.

Marketing 59

Marketing Marketing Trademark Branding 59

LexBlog IP

FEBRUARY 1, 2023

The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 40

Advertising Advertising Branding Brands 40

The TTABlog

NOVEMBER 6, 2023

[The] evidence indicates that there was bona fide domestic use of the CS mark on amplifiers in the ordinary course of trade from 2012 through 2015. In the 2012-2015 period, Respondent’s domestic sales, measured in dollar amounts, were in the five-to-six figure range annually. emphasis by the Board).

Registration 60

Registration Branding Brands Branding 60

The IPKat

NOVEMBER 30, 2023

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. Prosecco from Northern Italy had been in the Singapore market since about 2011.

Registration 134

Registration Advertising Advertising Law 134

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020. Figure 1, below, provides a snapshot of FDA approval and biosimilar product launch trends from 2015 through 2020. 2015; resubmitted Feb. March 6, 2015.

Settlement 52

Settlement Litigation Marketing Marketing 52

IP and Legal Filings

OCTOBER 28, 2023

A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. 2015) What is trademark dilution? What is Trademark Dilution?

Trademark 77

Trademark Registering Trademarks Trademark Law Branding 77