Patently-O

OCTOBER 3, 2021

The TTAB gave little weight to the fact that the agency has issued registration certificates on many different shoe designs. Lee , 1:15CV405(JCC/IDD), 2016 WL 880367, at *2 (E.D. 8, 2016) (“The parties have agreed that. Alternatively, the case should be remanded for consideration of the issue of functionality.

Trademark 132

Trademark Registration Advertising Advertising 132

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 101

Law Social Media Advertising Advertising 101

43(B)log

APRIL 17, 2023

The appellate panel remanded to decide whether the defendant’s publication was for the purpose of influencing consumers to buy the defendant’s goods or services, as additionally required for “commercial advertising or promotion” under the Lanham Act. Citing, among others, Enigma Software Grp. USA, LLC v. Bleeping Comput. LLC, 194 F.

Advertising 52

Advertising Advertising Editing Litigation 52

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. In 2016, the Latinfood website contained the phrase “We have products from” followed by marks of imported brands, among which was an image of Industria’s Zenú mark.

False Advertising 59

False Advertising Advertising Advertising Registration 59

LexBlog IP

DECEMBER 11, 2023

3 of 2016 on Child Rights (Wadeema’s Law). Strict regulations on tobacco and vaping advertisements. The competent authority may designate specific smoking and vaping areas subject to conditions outlined in the Implementing Regulation. 15/2009 on Tobacco Control, Cabinet Decision No. 24/2013, and Federal Law No.

Law 52

Law Designs Design Advertising 52

TorrentFreak

JUNE 22, 2023

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. Had designing logos and making websites look pretty begun to look less attractive to prosecuting authorities than they had done a couple of years earlier?

Graphic Design 138

Graphic Design Reporting Designs Design 138

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

The TTABlog

AUGUST 30, 2023

Opposer claimed to own a family of MONSTER-formative marks, but it failed to prove the existence of a family of MONSTER marks prior to SS Vape’s July 2016 date of first use. The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'" Opposition No.

Designs 59

Designs Design Branding Brands 59

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” Philpot sued in 2020 over the 2016 IJR publication, i.e., after the 3 year statute of limitations that no one seems to care about post-Petrella. (In Larry Philpot is a repeat copyright plaintiff. The Fourth Circuit reverses.

Fair Use 87

Fair Use Licensing Copyright Marketing 87

The IPKat

JUNE 6, 2022

CIVC also argued that GB is taking unfair advantage of the reputation of the PDO “Champagne”, and asked the court to order GB to cease use of all logos and advertisement documents with “Champanillo” sign, to cancel the registration for the domain name “champanillo.es” and close all social media accounts with this name.

Social Media 128

Social Media Advertising Advertising Designs 128

TorrentFreak

MARCH 29, 2023

When a match is found, rightsholders have several broad options – block the uploaded content, monitor its statistics, monetize the upload with advertising and take the revenue, or sit back and do nothing. Facebook launched its own content-matching, rights management tool in 2016.

Social Media 127

Social Media Advertising Advertising Copyright 127

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

43(B)log

MAY 19, 2023

Natera’s advertising touted “fewer false positives and fewer false negatives” and offered patients the ability to “[d]iscover more about your baby’s health.” In 2016, Natera acknowledged the results of a published study which found that Panorama had an 18% PPV for DiGeorge syndrome, a rare genetic condition.

Advertising 52

Advertising Advertising False Advertising Law 52

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

The IPKat

NOVEMBER 24, 2022

In 2016, the trade marks rights were transferred to a Hong Kong-based company, Super Union Holdings Ltd. It however cancelled the trademark for those services of Class 35, which are related to trade of electrical and electronic goods and for their advertising. Thus, the relevant services in Class 35 were invalidated.

Registration 117

Registration Advertising Advertising Art 117

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. Although it did not resume use of the mark for seven years, it commenced TTAB litigation with ARSA in 2016 regarding ownership of the mark. ARSA Distributing, Inc. Salud Natural Mexicana S.A.

Ownership 40

Ownership Litigation Registration Business 40

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

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. However, one of the areas that is generally less talked about is copyright’s impact on Halloween costumes.

Copyright 233

Copyright Trademark Cease and Desist Copying 233

IP and Legal Filings

SEPTEMBER 2, 2021

Trademarks, industrial designs, and domain names are examples of IPs interrelated to multiple aspects of the Olympic games. This implies that the Treaty prevents the usage of the Olympic symbol on any goods, advertisements or websites that are unaccredited by the IOC. This Olympic torch was protected as an industrial design.

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 52

43(B)log

AUGUST 31, 2021

The 2016 label references the “coastal hills” of Oregon as an “ideal region to grow” this type of wine. Marketing materials related to the 2016 version designate the same three valleys as “Regions of Origin,” and describes them as “premiere growing regions along Oregon’s coast.” the 2017 reads “ACAMPO, CA • CONTAINS SULFITES.”

Graphic Design 56

Graphic Design Government Designs Design 56

SpicyIP

MARCH 13, 2023

Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani Patentability of Computer Related Inventions (CRI) in India has popped up again! SpicyIP intern Sukarm Sharma discusses this ongoing dispute, in light of the CRI 2016 guidelines and the Ferid Allani order. Microsoft v.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

IP and Legal Filings

OCTOBER 30, 2023

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. Products may also come in widely recognised packaging designs.

Trademark 87

Trademark Branding Brands Branding 87

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. Corporate giants like Louis Vuitton, Calvin Klein and Ralph Lauren, on the other hand, blatantly and unfairly used in their clothing collection the exact patterns and designs that are unique to the Maasai community.

Intellectual Property 70

Intellectual Property Branding Brands Branding 70

IP and Legal Filings

NOVEMBER 8, 2022

INTEGRATION OF CLAUSES REGARDING AUTONOMOUS VEHICLES TO WORK IN CONJUNCTION WITH OBJECTIVES OF RIGHT TO DISABILITIES ACT,2016. Section 41 [24] of the Right to Disabilities Act, 2016 says that—. IS RIGHT TO PRIVACY VIOLATED UNDER SUCH AUTONOMOUS VEHICLES (PRIVACY BY DESIGN PRINCIPLE). 2] MOBILEYE, [link] (03 rd October 2022). [3]

Privacy 52

Privacy Technology Government Designs 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. In 2016, AACS told the Court that DVDFab had blatantly ignored its injunction and was continuing to conduct business as usual.

Copying 112

Copying Social Media Licensing Technology 112

azrights

MARCH 15, 2021

A distinctive asset such as the Nike Swoosh would have been capable of registration as a trademark as soon as the design was created. Even if your advertising budget is tiny, you can confidently build up recognition to such an asset because you have powerful rights available to you to fend off copyists.

Branding 52

Branding Brands Branding Trademark 52

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

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

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. Alpha Phi Omega , 118 USPQ2d 1289, 1298 (TTAB 2016) (quoting 15 U.S.C. § Spotify AB , 2022 USPQ2D 37 at *13–14. ” N.Y. § 1125(c)(2)(A).

Television 40

Television Music Advertising Advertising 40

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

43(B)log

FEBRUARY 24, 2024

Other examples: design patent, as Sarah Burstein has writte n. We know that automated systems designed to flag infringements get lots of false positives b/c they can’t recognize fair use; may also be false negatives, though that’s not the focus. NYU Press, 2016). The judge isn’t hearing that they’re not counterfeiters.

Fair Use 45

Fair Use Branding Brands Branding 45

The IPKat

FEBRUARY 23, 2023

In Standard International, the US hotel in question lost its trade mark registration for non-use before both the EUIPO Cancellation Division and the EUIPO Board of Appeal, despite ample evidence of advertisements and promotional campaigns aimed at customers in the EU. In MARCO POLO , an application for invalidity was filed against an IR(UK).

Registration 76

Registration Advertising Advertising Law 76

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

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.” Research and debate continued about the causes of poor response. Moreover, there was no safe harbor for suppressing research or failing to disclose the results of a meta-analysis to the public.

Law 45

Law Advertising Advertising Journalism 45

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 113

Advertising Advertising Business Reporting 113

The IPKat

MARCH 25, 2024

On 27 June 2016, BIW filed another application for EU trade mark no. A geographical name is non-distinctive and descriptive if two conditions are established: (1) The name must be known to the relevant public as the designation of a place. (2) The picture was created with Image Creator from Microsoft Designer.

Music 107

Music Cinema Designs Design 107

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 Copyright Infringement Television 52