43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. The second limitation is masks.

Trademark 246

Trademark Copyright Cease and Desist Copying 246

IPilogue

SEPTEMBER 29, 2021

Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. In fact, nearly all creations by Andy Warhol are derivatives of existing images—celebrity photos, advertisements, magazine illustrations, etc.—to

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Technology & Marketing Law Blog

MAY 13, 2024

As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. However, scraping generally means “extracting data from a website and copying it into a structured format, allowing for data manipulation or analysis.” citations omitted) X Corp. Bright Data at 21. See hiQ Labs, Inc.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

Copyright Lately

MAY 1, 2023

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 87

Music Copyright Copying Copyright Law 87

43(B)log

FEBRUARY 21, 2024

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.” million lines of code,” or about 1,500 lines per day.

Marketing 59

Marketing Marketing Trademark Branding 59

The TTABlog

JUNE 10, 2021

Ghiorse , 119 USPQ2d 1178, 1187 (TTAB 2016). The sales figures were modest and were not placed in context (market share), and the advertising figures lacked information as to the extent of exposure. There was no survey evidence, no evidence of intentional copying, and minimal media coverage. The Board was not impressed.

Advertising 52

Advertising Advertising Social Media Marketing 52

43(B)log

SEPTEMBER 21, 2021

The Tanbook was advertised and available for sale to the general public, including through Matthew Bender’s website and a public, online shopping service. They alleged Matthew Bender violated GBL § 349, based on its alleged misrepresentations about the completeness of the laws reproduced in one section of its publication.

Editing 45

Editing Contracts Copying Law 45

azrights

MARCH 15, 2021

This protects your underlying business because the trust that the market has in the Nike goods is what motivates them to buy the brand’s products. Securing legal protection gives you scope to build associations to your brand name without fear of competitor copying.

Branding 52

Branding Brands Branding Trademark 52

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. 139 (2016). [ix]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

NOVEMBER 22, 2021

This personal intellectual creation is lacking if the photographs in question are “mere reproductions of other photographs” in which an original has been merely reproduced (copied) as closely as possible. If a copy of a computer program is published in the territory of the EU/EEA with the consent of the rightholder, Section 69 No.

Related Rights 52

Related Rights Law Copyright Copying 52

LexBlog IP

FEBRUARY 28, 2022

Following Prince’s sudden and untimely death in 2016, the Warhol Foundation, successor to the copyright in the Prince Series, licensed to Condé Nast one of the Prince Series images for use in a commemorative magazine titled The Genius of Prince , which featured on its cover the image from the Prince Series. 5 (quoting Google , 141 S.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

LexBlog IP

SEPTEMBER 15, 2021

the UGG mark or designation, or any reproduction, counterfeit, copy, or colorable imitation thereof, in any manner and in any format, case or spelling, on or in connection with the sale, offering for sale, distribution, or advertising of any product in the United States or its territories.”

Trademark 52

Trademark Registration Branding Brands 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

The BGH ruled that the exclusive right of distribution of the author also included the right to offer the original or copies of the work to the public to purchase and to advertise to the public, in a targeted manner, the purchase of either the original or copies of the work.

Law 52

Law Copyright Television Copyright Infringement 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

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. 2016; resubmitted May 2018). September 23, 2016. August 30, 2016. April 5, 2016.

Settlement 52

Settlement Litigation Marketing Marketing 52

Kashishipr

JUNE 9, 2021

The services are advertised on the idea that customers can store the files for offline usage, and that is a unique selling point of the service, and it thus is not incidental. It is an attempt to extend the statutory licensing to ‘internet broadcasters.’

Music 98

Music Licensing Television Copyright Infringement 98

The IPKat

FEBRUARY 23, 2023

Ltd [2022] EWHC 1895 (Ch) (July 2022) In our last volume , we reported on Samsung being held directly liable as a platform for copied watch faces for Samsung smartwatches. It also noted that offers for sale and advertising were ways of using a trade mark, and this is precisely what the trade mark owner has directed at EU consumers.

Registration 76

Registration Advertising Advertising Law 76

IP Whiteboard

FEBRUARY 8, 2021

In addition, Mr Kagan had attended the January 2016 pop-up event held by In-N-Out. On 24 June 2016, Mr Kagan emailed In-N-Out denying he and Mr Saliba had ever used the “Animal Style” and “Protein Style” trade marks as menu items. failed to offer a more innocent explanation. failed to offer a more innocent explanation.

Social Media 52

Social Media Branding Brands Branding 52

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. Predictably, these third parties made available watch faces copied from watches made by others including the Swatch group of companies (which owns brands like Tisso, Omega and Breguet).

Branding 73

Branding Brands Branding Litigation 73

The IPKat

MARCH 25, 2024

On 27 June 2016, BIW filed another application for EU trade mark no. In 2020, New Yorker Marketing & Media International GmbH (‘New Yorker’) filed invalidity applications against BIW’s trade marks, alleging that they lacked distinctiveness and were descriptive at the filing date ( Art. Both trade marks were registered.

Music 107

Music Cinema Designs Design 107

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. It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category.

Copying 98

Copying Marketing Marketing Advertising 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

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. The Ninth Circuit first recognized that “proof of copying strongly supports an inference of secondary meaning.”

Copying 52

Copying Marketing Marketing Advertising 52

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. In April 2016, the Second Circuit certified the question of New York law to the New York Court of Appeals (the highest court in New York). A trial was scheduled for November 2016.

Blogging 84

Blogging Copyright Settlement Music 84

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

43(B)log

DECEMBER 20, 2022

The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. So too with unjust enrichment, which was based on defendants’ copying.

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

JULY 21, 2021

” That is because religion is big business, as the Washington Post noted in detailing a 2016 empirical study on the socio-economic contribution of religion to American society. provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. society at over $1 trillion annually.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

DECEMBER 30, 2023

The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Controller General of Patents and Designs (passed on September 15), the Court clarified that the 2016 CRI Guidelines’ requirement of assessing the CRI in conjunction with novel hardware has now been removed from the 2017 CRI Guidelines.

IP 124

IP Copyright Trademark Intellectual Property 124

TorrentFreak

MAY 23, 2023

If the best ideas are always the simplest, in 2016 software developer Elias Saba hit the jackpot. Released on the Amazon Appstore in November 2016, Saba’s ‘Downloader’ app offered users just two things; an empty URL field and a download button. ISPs to block the sites after all.

Copyright 145

Copyright Copyright Infringement Copying Marketing 145

43(B)log

AUGUST 11, 2021

Courts don’t do really prong one beyond assessing access (not independently assessing copying). Prior attempts to measure tarnishment: Buccafusco et al 2016 focused on porn parodies, found burnishing except among very conservative consumers. But you’re also raising market entry barriers, so new entrants will innovate less.

Trademark 72

Trademark Copyright Branding Brands 72