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

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

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

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] 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. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IIPRD

FEBRUARY 27, 2021

The sale resulted in Braun acquiring Swift’s catalog of master recordings for six albums, which reportedly accounts for 30% of the company’s market share. IPR and Branding. It is reasonable that Swift would want to protect her brand. After all, she pointed out, artists don’t ask Apple for free iPhones. A Conglomerate.

Music 40

Music Branding Brands Branding 40

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 61

Television Licensing Branding Brands 61

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

43(B)log

SEPTEMBER 8, 2021

22, 2021) The parties compete in the market for nutritional supplements. Likewise, there was evidence that other companies in the nutritional supplement market use “organic protein” generically in connection with their products. Orgain, Inc. Northern Innovations Holding Corp., 2021 WL 1321653, No. 8:18-cv-01253-JLS-ADS (C.D.

Copying 83

Copying Marketing Marketing Social Media 83

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

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. The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. IP Financing Policies in Asia.

IP 40

IP Intellectual Property Branding Brands 40

LexBlog IP

FEBRUARY 9, 2022

Applicant’s POTIFY platform is designed to permit legal marijuana dispensaries to market and sell their products, including via mobile applications and websites. 114 USPQ2d 1497, 1502 (TTAB 2015) (quoting Coach Servs. Spotify AB , 2022 USPQ2D 37 at *13–14. Yankees P’ship v. IET Prods. & & Servs.,

Television 40

Television Music Advertising Advertising 40

43(B)log

JULY 15, 2022

For example, there was evidence that “Core Health waited until over a month after the agreement’s expiration to update its website and other marketing materials.” Freedom Rack remains the only machine on the market like the Max Rack; the plaintiff has not licensed another producer. When they did try, they missed some references.

Advertising 59

Advertising Advertising Licensing False Advertising 59

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

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

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. 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.

Settlement 52

Settlement Litigation Marketing Marketing 52

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

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

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 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

43(B)log

OCTOBER 4, 2021

22, 2021) The parties compete in the market for “chemical bonding products—like epoxies, adhesives, threadlockers, gasket makers, and silicone sealants—that someone might buy at a hardware store to fix their car or for other mechanical projects.” Change over time in likelihood of confusion, not change over time in market share, is the key.

False Advertising 69

False Advertising Advertising Advertising Trademark 69

The IPKat

JUNE 11, 2022

Do a quick Google search and you will find many sites explaining the history and significance of the phrase to Apple and its branding, and how it brought a new wave of popularity and interest to a floundering Apple company as of 1997.

Advertising 97

Advertising Advertising Reporting Branding 97

The TTABlog

FEBRUARY 16, 2022

It sells ROMA brand frozen pizza in supermarkets in 29 states. million on advertising from 2017-2020, garnering $81 million in revenues from 2015-2020. However, opposer did not provide information regarding its market share or regarding advertising expenditures by its competitors. It spent $2.3

Advertising 89

Advertising Advertising Branding Brands 89

Above the Fold

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. 102(a); see also Pride Family Brands, Inc. As with all intellectual property tools, careful consideration should be taken when assessing a particular product’s copyright status.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

LexBlog IP

JULY 5, 2022

The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. § 102(a); see also Pride Family Brands, Inc. Scenario 2: Protecting Novel Designs by Patent. ” [8]. Turner Heritage Homes Inc., 3d 1314, 1320 (11th Cir. GFI , 193 F.3d

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021. With respect to commercial launches, the United States saw fewer new biosimilars entering the market in 2021 than in previous years. 2015; resubmitted Feb. Introduction. July 28, 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

43(B)log

FEBRUARY 28, 2022

Telebrands markets and sells “As Seen on TV” consumer household products via websites, phone numbers, and big box retailers. Telebrands made a pandemic-related effort to market and sell a hand sanitizer product, but retailers were historically reluctant to carry products associated with hemp, so it used “Healthvana” for its hand sanitizer.

False Advertising 64

False Advertising Marketing Marketing Branding 64

43(B)log

FEBRUARY 3, 2024

Sex toys don’t seem to have been added until 2015. They’ve changed the design, but still claim authenticity: the authenticity is the brand. Eric Johnson: have they been successful in pushing others out of the market? It’s now hard to sort through the market to get a good one. Should separate the law from the marketing.

Designs 59

Designs Design Law Design Patent 59

Patently-O

DECEMBER 12, 2021

21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22] 9] 447 U.S.

Registration 69

Registration Government Advertising Advertising 69