IP and Legal Filings

MARCH 1, 2022

Jaguar Land Rover had used the imagery of the Maasai community to enhance the aesthetics of their advertisement. A shoe company called Masai Barefoot Technology as well used Maasai iconography while launching their brand. The Maasai Brand.

Intellectual Property 69

Intellectual Property Branding Brands Branding 69

The TTABlog

MAY 17, 2023

In and exhaustive and exhausting 69-page decision, the Board sustained-in-part and dismissed-in-part Starbucks' opposition to registration of the mark SIREN'S BREW ("BREW" disclaimed), finding confusion likely with the Starbucks design logo with regard to applicant's "coffee beans," but not as to applicant's "shirts; sweat shirts."

Advertising 52

Advertising Advertising Designs Design 52

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. First, design elements that are “physically or conceptually separate” from the article can be protected. They are part fashion, part artwork, part branding and part character. However, there are two key exceptions to this.

Copyright 242

Copyright Trademark Cease and Desist Copying 242

SpicyIP

MAY 10, 2023

Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. Deputy Controller of Patents and Designs , Auckland Uniservices Limited v. Assistant Controller of Patents and Designs , N.V. June 7, 2016) by citing new, previously unmentioned, grounds.

Trademark 126

Trademark Invention Patent Art 126

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Other examples: design patent, as Sarah Burstein has writte n. NYU Press, 2016). Human desire for TMs? Enshittification is real.

Fair Use 45

Fair Use Branding Brands Branding 45

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S., However, on 7 May 2021, the U.S.

Trademark 52

Trademark Registration Branding Brands 52

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. StreamFab claims to be a sub-brand of DVDFab, a popular piece of software used to copy DVD and Blu-ray discs.

Copying 115

Copying Social Media Licensing Technology 115

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. ” Opposer’s SPOTIFY brand is so strong that it has been ranked among the “best” or most “relevant” in the United States and beyond.

Television 40

Television Music Advertising Advertising 40

The IPKat

MARCH 27, 2022

One of these brands that has popped up on the AmeriKat's Instagram are riding boots from Fairfox & Favor. 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 ).

Designs 52

Designs Design Copying Art 52

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 National IPR Policy of 2016 has resulted in increasing IP registration since its inception. Objective 5.11.1

IP 40

IP Intellectual Property Branding Brands 40

43(B)log

MARCH 20, 2023

In 2016, the FDA removed the statement about worse clinical outcomes from the boxed warning and just warned about “diminished antiplatelet effect.” Preemption only applies when there is “clear evidence that the FDA would not have approved a change to [the brand name drug’s] label” required by state law. This one didn’t.

Law 45

Law Advertising Advertising Journalism 45

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. ” VMG Salsoul, LLC v. Ciccone , 824 F.3d

Music 87

Music Copyright Copying Copyright Law 87

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 117

Advertising Advertising Business Reporting 117

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” But the app was not updated after 2016 and was removed from WCT’s website. But the app was not updated after 2016 and was removed from WCT’s website.

Marketing 59

Marketing Marketing Trademark Branding 59

TorrentFreak

JANUARY 3, 2024

Whether that’s by choice or design isn’t clear but a lecture from someone who earns more in a day than many fans do in a year could be even more disastrous than it sounds. As outlined in red, the site reported that live matches were available on Tuesday, but without advertising.

Advertising 96

Advertising Advertising Reporting Copyright Infringement 96

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings.

Settlement 52

Settlement Litigation Marketing Marketing 52

43(B)log

OCTOBER 4, 2021

But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. In 2016, it even commissioned a survey asking customers whether they preferred “J-B Weld Ultimate Black” or Illinois Tool’s “Permatex Ultra Black.”

False Advertising 69

False Advertising Advertising Advertising Trademark 69

43(B)log

FEBRUARY 24, 2023

UCLA School of Law Mark Janis: 1 st day of TM: students’ experience of brands as used by owners & 3 rd parties is so disconnected from the historical traditions of TM. New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed.

Trademark 49

Trademark Branding Brands Branding 49

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. While the contract was originally to run through 2016, the parties extended the agreement through August 1, 2022. Cohen , 173 F.3d 3d 63 (2d Cir. In JLM Couture, Inc.

Social Media 59

Social Media Contracts Confidentiality Business 59

IP Whiteboard

NOVEMBER 19, 2020

BGL and its subsidiaries ( BGL Group ), including Manolo Blahnik, manufacture, distribute and sell luxury shoes and accessories bearing the “MANOLO BLAHNIK” name and brand, which are sold in over 65 countries including Australia. 17 Oct 2016. The “MANOLO BLAHNIK” branded products have been available for sale in Australia since 1997.

Branding 52

Branding Brands Branding Designs 52

The IP Law Blog

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. Johnson Enterprises, LLC, in which the parties were battling a trade dress infringement claim involving these large outdoor Connect 4-like games.

Copying 98

Copying Marketing Marketing Advertising 98

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. P&P sold its game through Amazon and eBay and climbed the best seller rankings on Amazon.

Copying 52

Copying Marketing Marketing Advertising 52

LexBlog IP

JUNE 21, 2023

Of course, each use stems from the shorter phrase “make your mark,” embodying the mere notion of the archer hitting the target , or maybe even the less educated simply indicating agreement with an initial, an X, or a cross , or at times a craftsman adding “ a maker’s mark—essentially personal branding.”

Registration 52

Registration Trademark Trademark Law Law 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. Branded Semglee ® : 5% off WAC of Lantus ® , with high rebates. 2016; resubmitted May 2018). September 23, 2016. August 30, 2016.

Litigation 52

Litigation Settlement Patent Marketing 52

43(B)log

JULY 20, 2023

Ford advertised its Shelby GT350 Mustang as “track ready.” “But As for the facts: The Shelby is an upgrade of the standard Mustang and, importantly here, was advertised as “an all-day track car that’s also street legal.” Track-readiness was a central theme in Ford’s Shelby advertising. Tershakovec v. Ford Motor Company, Inc.,

Advertising 52

Advertising Advertising Law False Advertising 52

43(B)log

AUGUST 11, 2021

Prior attempts to measure tarnishment: Buccafusco et al 2016 focused on porn parodies, found burnishing except among very conservative consumers. Their studies: we might see tarnishment in the brand context, and stronger among conservatives. Control to tarnishment—They rated the brand as stronger if they saw the tarnishing stimuli.

Trademark 72

Trademark Copyright Branding Brands 72