Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

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. Then, in Liapes v. seriously, are you still posting THERE???)

Law 103

Law Social Media Advertising Advertising 103

Patently-O

JULY 19, 2023

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. It is common for litigation to assert both.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

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

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

The TTABlog

OCTOBER 3, 2022

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. In 2016 it petitioned the Mexican Institute of Industrial Property ("IMPI") for administrative statements of infringement against ARSA's label and syrup suppliers. The Board was unmoved.

Ownership 40

Ownership Litigation Registration Business 40

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 89

Fair Use Licensing Copyright Marketing 89

Patently-O

APRIL 15, 2024

Unclean Hands : The doctrine of unclean hands is an equitable defense that bars a party from obtaining relief when they have engaged in misconduct related to the subject matter of the litigation. 2016) (disclosed reference may be still be material if mischaracterized by the patentee). General Excavator Co., ” See TransWeb, LLC v.

Art 63

Art Litigation Patent Advertising 63

43(B)log

MAY 19, 2023

In re Natera Prenatal Testing Litig., 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.” 22-cv-00985-JST, 2023 WL 3370737, -- F. In other words, 82% of Panorama’s positive results for DiGeorge syndrome were false positives.

Advertising 52

Advertising Advertising False Advertising Law 52

The IPKat

NOVEMBER 24, 2022

While many of our readers will be shopping over the weekend, this Kat has prepared a post on the German “Black Friday” litigation to keep you company while you’re queuing. In 2016, the trade marks rights were transferred to a Hong Kong-based company, Super Union Holdings Ltd. Thus, the relevant services in Class 35 were invalidated.

Registration 117

Registration Advertising Advertising Art 117

IPilogue

JANUARY 19, 2022

Google was not a competitor at the time, but it soon moved into Sonos’ space, launching its first music streaming device, Chromecast, in 2015 and the Google Home speaker in 2016. . The newer products developed by Google are using different technologies, and Google’s main cash cow, online advertising, remains intact. .

Patent Infringement 106

Patent Infringement Patent Technology Music 106

Plagiarism Today

OCTOBER 26, 2021

Wtf is a juice demon pic.twitter.com/OxYMWEuoCq — Eli Matthewson (@EliMatthewson) October 1, 2016. This primarily includes three groups of people: Those who sell costume elements on sites such as Etsy, those that use costumes in advertising or promotion and those that operated haunted attractions.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

SpicyIP

NOVEMBER 23, 2021

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. The steady growth in search engine advertisement in India appears to have led to an uptick in the complaints of trademark infringement rooted in alleged misuse of keywords.

Trademark 137

Trademark Advertising Advertising Trademark Law 137

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 57

Designs Design Branding Brands 57

TorrentFreak

MARCH 10, 2022

The sites are taken down in a number of ways, from cease-and-desist warnings to full-blown litigation. Possibly as a result, mid-2020 Watchsomuch was advertising on Twitter that its.org domain wasn’t the only option for accessing the platform. So how do these agreements work?

Cease and Desist 93

Cease and Desist Reporting Advertising Advertising 93

The IPKat

JUNE 6, 2022

The Barcelona Appeal Court recently weighed in on the question in the latest stage of the multi-year litigation between PDO “Champagne” and a Spanish tapas bar “Champanillo” (case SAP B 2691/2022 ). It relied on the judgment of the Spanish Supreme Court in the 2016 case “ Champín ”. The Barcelona Commercial Court dismissed the action.

Social Media 128

Social Media Advertising Advertising Designs 128

The IP Law Blog

JUNE 3, 2021

The plaintiffs specifically allege that Instagram allowed media companies to embed their copyrighted photos of the George Floyd protests and the 2016 election without permission. Plaintiffs allege that Instagram encouraged the embedding of photos in order to drive up advertising revenue. The case is Hunley et al. 3:21-cv-03778, U.S.

Social Media 59

Social Media Copyright Infringement Advertising Advertising 59

The TTABlog

JULY 25, 2022

Applicant was entitled to rely on its May 4, 2016 filing date as its constructive first use date. Actually, the press release originally referred to an app called TOGO, but in November 2016, Mr. Mortensen contacted the publication and arranged to have it "updated" because it "used the wrong name." Optimal Chem. Motors Corp.,

Advertising 40

Advertising Advertising Litigation Copyright 40

LexBlog IP

APRIL 19, 2023

The concept was first created when a company released an advertisement with a robot that was meant to imitate TV star Vanna White. 2016), aff’d, 653 Fed. .” White v. Samsung Elecs. 2d 1395, 1400 (9th Cir. ” Roberts v. Wozencraft , 15 F.3d 3d 432, 438 (5th Cir. ” Martin v. Living Essentials, LLC , 160 F.

Music 52

Music Privacy Social Media Copyright 52

Technology & Marketing Law Blog

JUNE 18, 2023

In 2016, Malwarebytes classified Enigma’s software as “malicious,” a “threat,” and a “potentially unwanted program” (or PUP), because the programs allegedly were “scareware.” Based on the fundamental illogic of its litigation position, I see no way for Enigma to win here.

Blogging 88

Blogging False Advertising Litigation Marketing 88

LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. For example, in 2016, the NCAA filed a lawsuit against a company that was using the phrase “April Madness” to promote its own events.

Branding 40

Branding Brands Branding Cease and Desist 40

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.” It contains the phrase “Purely Oregon, Always Coastal.”

Graphic Design 56

Graphic Design Government Designs Design 56

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Alkutkar joined Bumble in 2016. And that evidence-preservation must be done in a way that it can convince a judge even if all of the relevant employees have turned over by the time of litigation.

False Advertising 126

False Advertising Marketing Marketing Advertising 126

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. The Ninth Circuit cautioned that a plaintiff is “not required to preemptively conduct consumer surveys in anticipation of litigation.”

Copying 98

Copying Marketing Marketing Advertising 98

TorrentFreak

APRIL 29, 2022

LaBossiere comes out swinging, reminding the court that after eight years of Department of Justice litigation, a massive judgment against DISH put the company into financial turmoil. Involved in Expedite TV, Never Heard of Mundo TV and Must TV.

Television 60

Television Licensing Branding Brands 60

43(B)log

NOVEMBER 28, 2022

23, 2022) Manufacturers lose an opportunity to create a circuit split on whether overpaying for a product that generally has a defect, which defect did not manifest for the class plaintiffs but plausibly reduced the value of the product, provides standing for a false advertising monetary relief claim. 330 (2016), and TransUnion.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Shades of Gray

NOVEMBER 2, 2016

On October 24, 2016, the Ninth Circuit joined the Third, Fourth, Fifth and Sixth Circuits in extending Octane ’s holding to a trademark fee application. [2]. The Third Circuit was the first to apply Octane in a trademark action, followed by several others, including, most recently, the Ninth Circuit on October 24, 2016.

Trademark 52

Trademark False Advertising Litigation Copyright 52

The IP Law Blog

AUGUST 4, 2022

The named plaintiffs are two photojournalists whose photographs of the George Floyd protests and the 2016 election were featured on websites of various traditional media outlets without those outlets having obtained any license from the plaintiffs because those media companies used Instagram’s proprietary embedding tools.

Copyright Infringement 98

Copyright Infringement Social Media Licensing Publishing 98

LexBlog IP

DECEMBER 21, 2021

For services, use can include advertising in connection with actual offers for the services. [4] The primary goal of most trademark infringement litigation is to stop the infringing behavior, typically through injunctions. 4] Services must actually be offered in connection with the advertisement to qualify as “use.”

Trademark 40

Trademark Registration Intellectual Property Litigation 40

SpicyIP

MAY 10, 2023

June 7, 2016) by citing new, previously unmentioned, grounds. Sidenote: We’ll put out an in-depth assessment of the information regarding IPD’s performance, as highlighted in this report, in an upcoming post.] 965/DELNP/2006 and the patent office’s rejection order (dt.

Trademark 126

Trademark Invention Patent Art 126

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. BPCIA Litigation. Antitrust Litigation. 2016; resubmitted May 2018). September 23, 2016.

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

JULY 15, 2022

The court went out of its way to say that plenty of uses of “Max Rack” would have been fine, such as in comparative advertising or in claims that the Freedom Rack was identical to the Max Rack, or even that “Core Health used to make the Max Rack for Max Rack, Inc.” But the actual references weren’t procompetitive, unlike those hypotheticals.

Advertising 59

Advertising Advertising Licensing False Advertising 59

SpicyIP

NOVEMBER 8, 2023

Xiaomi highlighting how the common practice of courts granting confidentiality in commercial litigation problematizes transparency, judicial accountability, and the citizens’ right to be informed of court processes and reasoning under Article 19(1)(a). The person was later convicted in 2016.

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law. The Tide Turns.

Blogging 84

Blogging Copyright Settlement Ownership 84

IP and Legal Filings

NOVEMBER 8, 2022

Lastly, the government should also incentivize the automobile manufacturers to go for compulsory insurance for tortious claims in the case of accidents by autonomous vehicles which should make them future litigation ready. [23]. Section 41 [24] of the Right to Disabilities Act, 2016 says that—. 49, Acts of Parliament, 2016, (India). [25]

Privacy 52

Privacy Technology Government Designs 52

43(B)log

APRIL 28, 2022

“In preparation for the league’s debut, Defendants have invested tens of millions of dollars in acquiring intellectual property rights, advertising, broadcasting, stadium and apparel deals, and in hiring players, coaches, trainers, and other staff, and in branded uniforms and equipment. Plaintiffs never supplied the requested information.”

Licensing 45

Licensing Advertising Advertising Registration 45

43(B)log

SEPTEMBER 21, 2021

3, 2021) The plaintiffs were a law firm that handles landlord-tenant actions, a non-profit corporation that assists pro se litigants in housing court matters, and a tenant advocate and organizer. Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co., 2021 NY Slip Op 03485, N.E.3d 3d - 37 N.Y.3d 3d 169 (Jun.

Editing 45

Editing Contracts Copying Law 45