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. There was also a genuine dispute about copying. Orgain, Inc. Northern Innovations Holding Corp.,

Copying 83

Copying Marketing Marketing Social Media 83

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

Technology & Marketing Law Blog

JULY 5, 2022

Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. Likewise, the comment about plagiarism follows a post that linked to a Rolling Stone article and suggested that Respondent “mostly copied it word for word.” Amount taken. Maximized Living v.

Fair Use 93

Fair Use Plagiarism Copyright Marketing 93

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. As far as the collective remuneration rules under Section 36 UrhG are concerned, there are two BGH decisions from 2015 that can be looked at ( here and here ).

Contracts 98

Contracts Copyright Law Cease and Desist 98

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.” But a jury could find bona fide use.

Marketing 59

Marketing Marketing Trademark Branding 59

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

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. All copies are made from this recording. She uses social media to create her band, to market her music, and even to fight against online music streaming. A Conglomerate.

Music 40

Music Branding Brands Branding 40

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. An initial suit was filed in 2015 which was subsequently stayed due to a pending cancellation petition filed by the plaintiff before the IPAB.

Trademark 59

Trademark Registration Copyright Patent 59

Intepat

MAY 16, 2023

Ramkumar Jewellers (2012), the defendant copied the plaintiff’s advertisement picture containing a popular artistic pose of Amitabh Bachchan and Jaya Bachchan. Even though it was a marketing ploy for Puma’s Black Friday sales, this could be a substantial violation of publicity rights if it was not carried out with consent.

Branding 98

Branding Brands Branding Personality Rights 98

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

In February , the Court of Appeal in Nigeria issued a decision in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and provided guidance on factors that must be established to succeed in a claim for passing off relating to image rights in Nigeria.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The IPKat

MARCH 25, 2024

If you knew how to complete this phrase in 2015, you are part of the few percent of consumers who heard of the city of Compton and knew about its connection with hip-hop and rap music. Background On 8 September 2015, BIW Invest AG (‘BIW’) applied for registration of EU trade mark no. Both trade marks were registered.

Music 107

Music Cinema Designs Design 107

Trading Secrets

JUNE 3, 2022

The district court reasoned that plaintiff needed to demonstrate that the corporate defendant copied plaintiff’s project in order to satisfy the “use” requirement under the DTSA. 16, 2021), the plaintiff alleged that the defendant used the plaintiff’s manufacturer drawings to unfairly compete in the airplane parts market.

Law 59

Law Confidentiality Designs Design 59

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. The judge reviewed the case law on conflicts between marks sharing a descriptive element, including Whyte and Mackay v Origin [2015] EWHC 1271 (Ch) , but was not discouraged from his finding.

Branding 73

Branding Brands Branding Litigation 73

Patently-O

DECEMBER 11, 2023

In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task. so-called “non-expressive” use in which copying is undertaken not to distribute the copied material directly or indirectly but rather for some other purpose.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

The TTABlog

JUNE 1, 2023

113 USPQ2d 1964, 1973 (TTAB 2015) (finding design of monster truck to be analogous to product packaging for exhibition services). Applicant's specimens of use and its advertising evidence depicted the side of the building that also displays the hotel name. See In re Frankish Enters.

Designs 52

Designs Design Advertising Advertising 52

43(B)log

MARCH 21, 2022

Bimbo sells Grandma Sycamore’s Home-Maid Bread; it sued defendants, who include the baker who developed the Grandma Sycamore’s recipe, for trade secret misappropriation, trade dress infringement, and false advertising when it sold a comparable bread product, Grandma Emilie’s, with the tagline “Fresh.

False Advertising 72

False Advertising Advertising Advertising Designs 72

Technology & Marketing Law Blog

AUGUST 30, 2021

Back when sales of records, cassette tapes, and CDs were the primary means of making money, radio airplay was considered free advertising for record labels. While that appeal was pending, the district court certified the California case as a class action (on May 15, 2015). The New York ruling was certified for immediate appeal.

Blogging 83

Blogging Copyright Settlement Music 83

LexBlog IP

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] 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. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] 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. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 ” Jarrod Welsh, Copyrighting God: New Copyright Guidelines Do Not Protect Divine Beings, 17 Rutgers Journal Of Law & Religion 121 (2015). ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

43(B)log

APRIL 26, 2022

The trial court found Ethicon committed 153,351 violations of the Unfair Competition Law (UCL) and 121,844 violations of the False Advertising Law (FAL) and imposed a $1,250 civil penalty for each violation. So too with its marketing communications to doctors and patients.

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

FEBRUARY 3, 2024

Sex toys don’t seem to have been added until 2015. You can copy a Rembrandt and do a beautiful job but it’s not a Rembrandt.” Herman Miller brings claims of unfair competition, false association, false advertising, right of publicity, TM rights including dilution, claiming designer’s name, model names, and shape of the design.

Designs 59

Designs Design Law Design Patent 59

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