43(B)log

JANUARY 2, 2024

17-CV-647, 2017 WL 3168525 (N.D. July 26, 2017), vacated and remanded, 742 F. It was also relevant, though not dispositive, that other supplements sold under the same brand were, in fact, one per day. Bayer AG, No. App’x 325 (9th Cir. 2018); and Howard v. Bayer Corp., 10-CV-1662, 2011 WL 13224118 (E.D. July 22, 2011)).

Branding 59

Branding Brands Branding Marketing 59

43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. Moreover, the alleged misrepresentations concerned the nature of Roof Maxx’s own roofing Product and were presented in official marketing material and conversations.

False Advertising 45

False Advertising Advertising Advertising Patent 45

Intepat

APRIL 10, 2022

It provides assistance on market development, quality, and technology up-gradation. Overall, the MSME scheme fosters the growth and development of these enterprises and assists them to flourish among existing top brands. Trademarks will build trust and increase the reputation of the brand in the minds of customers.

Registration 98

Registration Trademark Branding Brands 98

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. So, did Industria satisfy Lexmark ? But the third statement was literally false.

False Advertising 59

False Advertising Advertising Advertising Registration 59

azrights

MAY 10, 2022

Not understanding the role of Brand Names in Business led to China Tang having to rebrand even though they had been using the name for 12 years. Read, listen to podcasts and audio books, take courses such as Brand Tuned to discover better ways to design your business, get clients, and serve your existing ones. Business is hard.

Business 98

Business Branding Brands Branding 98

43(B)log

MAY 2, 2022

28, 2022) Chanel sued What Goes Around Comes Around (WGACA), alleging trademark infringement, false advertising, false association/endorsement, and related NY GBL claims for deceptive/unfair trade practices and false advertising. Until 2017, it also used the hashtag #WGACACHANEL in its social media posts.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

azrights

NOVEMBER 3, 2021

The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. Enforcement of your rights prevents market confusion. Staples, Office Depot and Office World were the 3 brands left standing in their category. Competitors Copying Your Colour.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

Trademark 54

Trademark Advertising Advertising Registration 54

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

Copyright 108

Copyright Advertising Advertising Trademark 108

43(B)log

AUGUST 9, 2021

The policies covered disparagement of people or products in ads, defined in the Policies as “a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters.” And it definitely didn’t disparage Kona consumers. Nationwide Mut.

Advertising 59

Advertising Advertising Publishing Branding 59

The TTABlog

FEBRUARY 16, 2022

It sells ROMA brand frozen pizza in supermarkets in 29 states. million on advertising from 2017-2020, garnering $81 million in revenues from 2015-2020. However, opposer did not provide information regarding its market share or regarding advertising expenditures by its competitors. It spent $2.3

Advertising 89

Advertising Advertising Branding Brands 89

LexBlog IP

AUGUST 16, 2022

Well, according to consumer watchdog Truth In Advertising (TINA), by failing to disclose (i) their material connection to the NFT brands as well as (ii) the risks associated with investing in volatile speculative digital assets, these celebrities may be engaging in deceptive advertising practices. So what’s the harm?

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Branding Brands 52

LexBlog IP

AUGUST 23, 2023

Courts have long recognized that “trade dress,” i.e., the visual appearance of a company’s goods or services and their associated packaging, can serve the same source-identifying function as more traditional trademarks, such as brand names and logos. Thus, brand owners can, and do, register their trade dress at the PTO.

Designs 52

Designs Design Advertising Advertising 52

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. 1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes.

Trademark 83

Trademark Branding Brands Branding 83

Likelihood of Confusion

JANUARY 25, 2022

Probably isn’t good enough pic.twitter.com/9rQwe0JVMm — Ron Coleman (@RonColeman) May 17, 2017 Originally posted 2017-05-18 06:36:08. Republished by Blog Post Promoter. The post Participation vacancy appeared first on LIKELIHOOD OF CONFUSION™.

Blogging 98

Blogging Branding Brands Branding 98

Intepat

APRIL 10, 2022

It assists in market development, quality, and technology up-gradation. Overall, the MSME scheme fosters the growth and development of these enterprises and assists them in flourishing among existing top brands. Trademarks will build trust and increase the brand’s reputation in customers’ minds. Registration fee.

Registration 52

Registration Trademark Branding Brands 52

The TTABlog

JUNE 5, 2023

Applicant's "test mode" website indicated that it would be marketing itself as “the pet drink specialist” and it asserted that "Pet C Cola is the nutritional and super tasty drink for dogs and cats." Opposer has continuously advertised and sold beverages under the mark PEPSI-COLA since 1898. Pet C Cola Corporation , Opposition No.

Branding 52

Branding Brands Branding Advertising 52

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

IP Tech Blog

MAY 19, 2022

This case follows successful oppositions by Match.com to Muzmatch’s registration of its marks in 2018, and unsuccessful attempts by Match.com to purchase Muzmatch between 2017 and 2019. This was due to the reputation of Match.com’s trade marks and because a consumer would believe that Muzmatch was a sub-brand of Match.com.

Branding 57

Branding Brands Branding Intellectual Property 57

IP and Legal Filings

NOVEMBER 27, 2022

With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up. With the fast-growing media and entertainment sector, the era of digital advertisement for the products branding and selling have also stepped up.

Trademark 52

Trademark Branding Brands Branding 52

TorrentFreak

APRIL 29, 2022

A month later, DISH and NagraStar followed up with a new lawsuit claiming that former SetTV operators Jason LaBossiere, Sean Beaman, and Stefan Gollner had launched three new pirate IPTV services/brands. Since 2017, Dish has been struggling to keep its stock price up from its 2015 and 2017 peaks,” LaBossiere’s answer begins.

Television 60

Television Licensing Branding Brands 60

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

LexBlog IP

MAY 19, 2022

This case follows successful oppositions by Match.com to Muzmatch’s registration of its marks in 2018, and unsuccessful attempts by Match.com to purchase Muzmatch between 2017 and 2019. This was due to the reputation of Match.com’s trade marks and because a consumer would believe that Muzmatch was a sub-brand of Match.com.

Branding 52

Branding Brands Branding Intellectual Property 52

Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. 2017), a restaurant was using a tagline called ‘by Gautam Gambhir’ without any authorization. For instance, in Titan Industries Ltd.

Branding 98

Branding Brands Branding Personality Rights 98

The IPKat

NOVEMBER 20, 2023

He won four other titles in a row from 2017-2020. Total visits of the website www.lewishamilton.com from the five EU Member States mentioned before ranged from 1,200 to 8,200 between May 2015 and November 2017, amounting to less than 0.2 % of the total population of these countries. 128 et seqq.).

Art 105

Art Branding Brands Branding 105

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] 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. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

The IP Law Blog

MAY 20, 2021

It has marketed its software under the name “SmartSync” since 2004 and obtained a trademark for SmartSync in 2007. Dropbox launched its Smart Sync feature in 2017 and was previously aware of Ironhawk’s SmartSync mark.

Trademark 98

Trademark Marketing Marketing Business 98

43(B)log

FEBRUARY 15, 2022

As a plaintiff, you probably don’t want the background narrative to start with “Plaintiff started selling BoostLash, which has the same purpose and functionality as Idol Lash, in 2017, while plaintiff’s principals were still employed at Idol Lash.” Was BoostLash descriptive despite the registration? Summary judgment for Woo.

Registering Trademarks 72

Registering Trademarks Confidentiality Trademark Advertising 72

Technology & Marketing Law Blog

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” Internet Brands case seemingly codified failure-to-warn as a 230 exclusion.

Blogging 88

Blogging Social Media Editing Designs 88

43(B)log

FEBRUARY 3, 2024

months first action pendency in 2017. They’ve changed the design, but still claim authenticity: the authenticity is the brand. Herman Miller brings claims of unfair competition, false association, false advertising, right of publicity, TM rights including dilution, claiming designer’s name, model names, and shape of the design.

Designs 59

Designs Design Law Design Patent 59

TorrentFreak

JULY 16, 2022

A little while back we became aware of a discussion about Nagra’s work based on documents made publicly available on a regional website of an advertising regulation authority with offices across South America. In 2017 we reported on Nagra’s operations tackling IPTV piracy and five years later, the company continues to press ahead.

Reporting 131

Reporting Advertising Advertising Marketing 131

The IPKat

JANUARY 6, 2022

This, I remarked, granted an effective monopoly in the word EAGLE (being the only shared element of the two brand names) notwithstanding the judge’s recognition that Sazerac was not entitled to such a monopoly. The claimant was owner of VAGISIL, a long-established product on the UK market since 1984.

Registration 96

Registration Cease and Desist Branding Brands 96

DuetsBlog

JULY 10, 2020

With that awful history and dogged grip on the indefensible name , the arrival of NEVER and the end of Forever for the the R-Word brand name is long overdue. As loyal readers will recall, more than a decade ago, I published this observation: “ ‘Re-Branding Madness in Washington’ Overlooks Obvious “.

Branding 59

Branding Brands Branding Reporting 59

LexBlog IP

MAY 20, 2022

In a piece of practical good news, the proposal says that an advertiser does not need to clean out old endorsements from its social media pages as long as the older endorsements are dated and not subsequently reposted. We assume this is limited to when an endorser has truly moved on and no longer believes in the endorsed product.

Social Media 52

Social Media Advertising Advertising Branding 52

IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. The complaint claims that artificial intelligence-created deepfakes of Anil Kapoor and his name-branded websites defraud customers. This is called personality merchandising or ” marketing of one’s persona. Puttaswamy v.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

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

43(B)log

FEBRUARY 17, 2022

Elysium’s expert, Sowers, tested the allegation that ChromaDex advertising deceived customers into believing that the FDA reviewed ChromaDex’s product, Tru Niagen, for efficacy. Respondents were never shown an advertising statement conveying the control message.” As a general matter, “[e]rrors in methodology.

False Advertising 59

False Advertising Advertising Advertising Social Media 59