43(B)log

FEBRUARY 3, 2024

OMG Dollz that copied their looks. Q: 2016 Kenya law has a detailed framework for protection, bulldozing through all these issues. Q: what happens when brands represent source communities? Also explore indigenous branding from cultural property perspective. It’s on the books but never tested in courts.

Branding 59

Branding Brands Branding Art 59

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. And, that person’s brand is their name, image, and likeness.

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

Patently-O

AUGUST 24, 2023

In its recent Volva Penta decision, the Federal Circuit found that the PTAB had (1) created too high of a burden to prove nexus and (2) been unduly dismissive of the patentee’s evidence of commercial success and copying. The case also serves as a reminder that product copying still caries significant weight in the obviousness analysis.

Invention 52

Invention Copying Art Designs 52

TorrentFreak

APRIL 5, 2024

Swedes and the New Piracy Boogeyman Starting around 2016, give or take depending on region, pirate IPTV services exploded globally. The group believed the man was behind Dreamhost, one of the more popular pirate IPTV brands in Sweden and therefore a priority target. They weren’t alone. “According to the indictment, L.K.’s

Reporting 97

Reporting Marketing Marketing Copying 97

TorrentFreak

JANUARY 2, 2024

Internet provider RCN, which operates under the Astound brand, has been one of the most frequent targets. The company first launched a proactive lawsuit against music rights group BMG in 2016, which ended in a settlement. While these cases are under appeal, new ones are being filed at U.S.

Copyright Infringement 82

Copyright Infringement Copyright Litigation Settlement 82

Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

People have become less dependent on print media and more likely to use a digital medium such as computerized documents of soft copies. Moreover, there are many pirated websites which have access to unauthorized copies of films and books. This can not only affect the sale of the reputed brand but can also effect its brand value.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

43(B)log

JULY 3, 2023

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. This makes Colombians abroad get tricked.” Summary judgment for Latinfood.

False Advertising 59

False Advertising Advertising Advertising Registration 59

TorrentFreak

DECEMBER 21, 2021

soap2day.video: This site has familiar branding which has probably contributed to its success but from 28 million visits per month in August, now enjoys ‘just’ 13 million. Furthermore, the Court found that the websites infringe copyright by authorizing the infringing acts of copying by their users.

Copyright 142

Copyright Copying Copyright Infringement Branding 142

IPilogue

AUGUST 3, 2021

Copies of the game along with a gamer’s guide packaged in special extra-large cardboard boxes sat unsold on shelves for months. Due to low sales ( under 150,000 copies sold in North America), the game remained a hidden gem for years until Earthbound ’s main character Ness appeared in the popular 1999 fighting game Super Smash Bros.

Copyright 112

Copyright Music Licensing Copying 112

The IPKat

DECEMBER 27, 2023

Shaman Spirits’) in 2016. In July 2020, Shaman Spirits filed a request for registration of the license agreement with the EUIPO along with a copy thereof. 13(3) EUTMIR to justify the necessity of Global Brands’ (written) consent is not as compelling as it might seem at first glance. The license was not recorded with the EUIPO.

Licensing 62

Licensing Art Registration Law 62

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

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 88

Music Copyright Copying Copyright Law 88

TorrentFreak

OCTOBER 15, 2022

In a mainstream piracy scene where blocking has normalized the use of sites that simply resemble the original, imposter sites with big-name branding easily gain traction. The MPA obtained an injunction to block the site in October 2016 after 123movies.to ” Clone and Imposter Sites Punished For Copying.

Branding 132

Branding Brands Branding Ownership 132

JIPL Online

APRIL 9, 2021

Brands have recently begun to co-opt this form of communication in an attempt to capitalize on the prevalence and effectiveness of memes. [ii] 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? 139 (2016). [ix] xiv] See Gordon Whitson, How a Brand Name Becomes Generic , The New York Times (June 24, 2019), [link]. [xiv]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP Whiteboard

FEBRUARY 8, 2021

In this article, we serve you up all the juicy details of the Full Court of the Federal Court decision on the appeal and cross-claim , and consider what the latest development in this case means for businesses feeling “inspired” by another company’s branding, trade marks and reputation. Lettuce recap. the In-N-Out Marks ). passing off.

Social Media 52

Social Media Branding Brands Branding 52

IIPRD

JANUARY 23, 2023

Firstly, Direct infringement wherein a patented product can be literally copied element to element (Literal direct infringement) and equivalently copied with little to minimal changes not essentially affecting the effect of the product (Equivalent direct infringement). It is also generally available to Amazon Brand Registry.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

The TTABlog

JUNE 10, 2021

Nonetheless, applicant argued that relevant consumers perceive COOKINPELLETS.COM as its brand name," and the evidence showed that some third-parties use or understand COOKINPELLETS (with or without a space) and COOKINPELLETS.COM as capable of serving as a source indicator. Ghiorse , 119 USPQ2d 1178, 1187 (TTAB 2016).

Advertising 52

Advertising Advertising Social Media Marketing 52

TorrentFreak

APRIL 26, 2024

Similar notices dated 2016 , 2017 , and 2018 , fail to raise any obvious red flags and since the first and last were processed by GitHub, people can be confident they received considerable scrutiny. Finding takedown notices featuring the domain mm-nintendo.com wasn’t difficult. It’s a trend that runs through all similar notices.

Artwork 117

Artwork Branding Brands Branding 117

The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing. IPKat here.

Branding 73

Branding Brands Branding Litigation 73

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.

Licensing 45

Licensing Advertising Advertising Registration 45

IPilogue

JANUARY 14, 2022

of the Patent Act on June 24, 2016. While filing trademarks is important for brand protection, the examination stage can take upwards of two years to complete. Users can choose whether to accept licences or pursue alternative methods to lawfully copy works. First Time Interpreting Patent Agent Privilege. v Sandoz Canada Inc.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. 2016), aff’d , 674 F. 2016)) traded on the goodwill of Louis Vuitton; it is what made them attractive products. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” 3d 252 (4th Cir.

Blogging 111

Blogging Trademark Branding Brands 111

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.” But the app was not updated after 2016 and was removed from WCT’s website.

Marketing 59

Marketing Marketing Trademark Branding 59

The IPKat

MARCH 27, 2022

One of these brands that has popped up on the AmeriKat's Instagram are riding boots from Fairfox & Favor. It sells well-known and artisan brands through its retail premises, online store and mail-order catalogue and has an annual turnover of £30million. By 2016, employees of the House of Bruar were aware of Fairfax & Favor.

Designs 52

Designs Design Copying Art 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

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

Copying 98

Copying Marketing Marketing Advertising 98

The TTABlog

OCTOBER 27, 2022

Grypmat claimed there were no other "comparative products" when it began selling its orange trays in 2016, but it conceded in light of the evidence that there are tool trays available in many colors. Moreover, the Board noted that an orange tray is sold at Home Depot under the brand name GEARWRENCH.

Advertising 52

Advertising Advertising Copying Trademark 52

Selvam & Selvam Blog

OCTOBER 4, 2021

In 2016, ITC sued Britannia Industries on the grounds that the packaging of Britannia’s ‘NutriChoice Digestive Zero’ biscuits was a copy of ITC’s ‘Sunfeast Farmlite Digestive All Good’ biscuits. Nutri Choice ‘5 Grain Digestive’ Biscuits. This isn’t the first time these market giants have fought it out in the court.

Trademark 52

Trademark Branding Brands Branding 52

TorrentFreak

JUNE 23, 2022

Google also provided a list of every takedown notice sent via the accounts, copies of all correspondence between Google and the accounts, plus a log of IP addresses used to access them. Bungie needs to rectify these copyright takedowns and lock down their brand management,” he wrote. On March 16, Minor tweeted again.

IP 139

IP Copyright Copyright Infringement Music 139

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

LexBlog IP

JULY 5, 2022

In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] § 102(a); see also Pride Family Brands, Inc. The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2]

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] 102(a); see also Pride Family Brands, Inc. The term of a copyright for a particular work may depends on certain factors such as whether it has been published, and, if so, the date of first publication. [2]

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

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

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. Their studies: we might see tarnishment in the brand context, and stronger among conservatives.

Trademark 72

Trademark Copyright Branding Brands 72