The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below).

Design Patent 89

Design Patent Advertising Advertising Designs 89

IP Tech Blog

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 62

False Advertising Advertising Advertising Settlement 62

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. Uber Technol., 20-cv-2320 (PKC) (S.D.N.Y.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

IPilogue

MARCH 6, 2023

On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co., 2015-29921 ). Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

IP 59

IP Branding Brands Branding 59

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

Technology & Marketing Law Blog

JANUARY 18, 2024

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

Law Social Media Advertising Advertising 102

LexBlog IP

MARCH 6, 2023

JC Penny, for example, has been hit with a class action lawsuit in the Southern District of California over its alleged advertising practice of using “false reference pricing.” Carranza claims that JC Penny falsely advertises its products on its e-commerce website by listing a high reference price and the corresponding sale price.

False Advertising 52

False Advertising Advertising Advertising Settlement 52

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. Julius Bencko, Graphic Designer In the United States government’s superseding indictment dated February 16, 2012, Julius Bencko is described as a citizen and resident of Slovakia.

Graphic Design 143

Graphic Design Reporting Designs Design 143

TorrentFreak

JANUARY 16, 2023

Interestingly, we did spot the site on an advertising blacklist maintained by City of London Police’s Intellectual Property Crime Unit (PIPCU). “This site is in breach of UK law, namely Copyright, Design & Patents Act 1988, Offences under the Fraud Act 2006 and Conspiracy to Defraud,” PIPCU writes.

Music 133

Music Intellectual Property Copyright Copyright Infringement 133

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

TorrentFreak

SEPTEMBER 30, 2022

With Arcom supporting their every move, various rightsholders stepped up to take advantage of new legislation designed to make pirate site blocking more efficient, to combat mirror sites and proxies, and to further punish sites by restricting appearances in search engines and curtailing advertising opportunities.

Reporting 118

Reporting Designs Design Marketing 118

The TTABlog

OCTOBER 3, 2022

Deemed a Specially Designated Narcotics Trafficker (SDNT), applicant was banned from doing business in the United States from 2008 to 2015. In May 2015, applicant was removed from the SDNT list. In October 2015 it filed an application to register its EUCALIN mark. Who Owned the Mark?:

Ownership 40

Ownership Litigation Registration Business 40

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The Design Patents are for a variety of powder guns and spray equipment. January 6, 2015. They allege to be an Integrator of Gema Products, not a Gema Distributor.

Trademark 52

Trademark False Advertising Patent Registration 52

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

Plagiarism Today

MAY 23, 2022

The ad, which was produced by the London-based advertising agency M&C Saatchi, featured prominent Hong Kong actor and musician Andy Lau Tak-wah as he delivered a monologue about Xiaoman, the eighth solar term and second solar term of summer on the traditional Chinese calendar. A Repeating Problem. This is not a new problem. Bottom Line.

Plagiarism 234

Plagiarism Copying Social Media Technology 234

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. 2015) (cleaned up). 2015) (cleaned up). Superior Court, 9 Cal.5th Google, Inc.,

False Advertising 59

False Advertising Advertising Advertising Business 59

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The warning came as a result of complaints from various artists and designers who assert that their works are being distributed on various platforms without benefitting them.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

The TTABlog

JANUARY 12, 2022

114 USPQ2d 1497, 1502 (TTAB 2015) (quoting Coach Servs. , The Board found Spotify's advertising and publicity-related evidence to be "overwhelming." The applicant's word-plus-design mark is dominated by the word SPOTIFY. & Servs., 101 USPQ2d at 1723-24)." There was no dispute that the mark SPOTIFY is inherently distinctive.

Music 98

Music Advertising Advertising Registration 98

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

The IPKat

DECEMBER 17, 2021

In May , a High Court in South Africa delivered judgment in Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & Others , on the issue of the extent of the powers of the Advertising Regulatory Board (‘ARB’) in matters relating to trade mark and copyright laws.

Trademark 96

Trademark IP Registering Trademarks Branding 96

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” SF Design Group. Fredman Design Group. We blogged this case twice before.

Social Media 97

Social Media Ownership Branding Brands 97

Garrigues Blog

OCTOBER 11, 2022

This is why a GI usually includes the designation of the place of origin. The proposal seeks to help producers market their creations, which can be advertised using the same logo on the product labeling. This means that all producer groups from an area that manufactures a given product in a prescribed way can collectively use the GI.

Registration 52

Registration Marketing Marketing Designs 52

SpicyIP

MARCH 11, 2024

Calm Water Therapeutics Llc vs The Assistant Controller Of Patents And Designs on 28 February, 2024 (Delhi High Court) The appeal challenged the rejection of a patent application for a “Bi-Functional Co-Polymer” by the Assistant Controller of Patents.

Trademark 59

Trademark Registration Copyright Patent 59

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., ” N.Y.

Television 40

Television Music Advertising Advertising 40

LexBlog IP

JANUARY 4, 2022

Section 1127, as “when [1] it is used or displayed in the sale or advertising of services and [2] the services are rendered in commerce or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services.”

Service Mark 52

Service Mark Registration Trademark Advertising 52

IP Intelligence

JANUARY 4, 2022

Section 1127, as “when [1] it is used or displayed in the sale or advertising of services and [2] the services are rendered in commerce or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services.” Playdom, Inc.,

Service Mark 52

Service Mark Registration Trademark Advertising 52

Intepat

NOVEMBER 14, 2022

Advertising; Business management, organization, and administration; Office functions. Scientific and technological services and research and design relating thereto; Industrial analysis, industrial research and industrial design services; Quality control and authentication services; Design and development of computer hardware and software.

Trademark 98

Trademark Registering Trademarks Registration Music 98

The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The Plaintiff, an architect, produced architectural drawings and plans which were approved and registered by the County Government of Kajiado under application Number P/761/2015. NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. It then received fast strack designation, which allowed it priority review, and filed an NDA for Valtoco in 2018; this was pending at the time of the operative complaint.

Designs 56

Designs Design Patent Prosecution Art 56

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.

Music 107

Music Cinema Designs Design 107

IP and Legal Filings

NOVEMBER 8, 2022

IS RIGHT TO PRIVACY VIOLATED UNDER SUCH AUTONOMOUS VEHICLES (PRIVACY BY DESIGN PRINCIPLE). In conjunction, these vehicles also create user advertising profiles based on individual travel habits and patterns derived from everyday driving. A way through which we can implement this is the privacy by design principle. [37]

Privacy 52

Privacy Technology Government Designs 52

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

43(B)log

SEPTEMBER 8, 2021

Even without that, the claimed trade dress featured a “common, basic” package shape and label design. 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. There was also a genuine dispute about copying.

Copying 83

Copying Marketing Marketing Social Media 83

43(B)log

JULY 24, 2023

Thanks to its patents, Amgen enjoyed a temporary exclusivity period for pegfilgrastim injections until 2015. But the FDA, independent reviews at scientific journals, and even some of Amgen’s own employees criticized the advertising claims as unsupported and misleading. Sandoz Inc. 2023 WL 4681569 , No. 2:22-cv-05326-RGK-MARx (C.D.

False Advertising 92

False Advertising Advertising Advertising Marketing 92

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 122

Advertising Advertising Business Reporting 122

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. 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. 2015; resubmitted Feb. 2015; resubmitted Dec.

Settlement 52

Settlement Litigation Marketing Marketing 52

The TTABlog

JUNE 1, 2023

The Board upheld the USPTO's refusals to register the two proposed marks shown below, for "hotel services; provision of conference, exhibition, and meeting facilities," finding that the building designs are not inherently distinctive and lack secondary meaning. In re Palacio Del Rio, Inc. Serial Nos. See In re Frankish Enters.

Designs 52

Designs Design Advertising Advertising 52