The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Applicant GB's design patent served as some evidence of non-functionality, but was outweighed by GB's own advertising touting the design's utilitarian benefits.

Design Patent 89

Design Patent Advertising Advertising Designs 89

TorrentFreak

NOVEMBER 17, 2022

With nearly 12 million books, Z-Library advertised itself as the largest repositories of pirated books on the Internet. The acts laid out in the indictment start on January 2018. — A copy of the indictment of Anton Napolsky and Valeriia Ermakova, released by the federal court in Brooklyn, is available here (pdf).

Publishing 143

Publishing Intellectual Property Copyright Infringement Advertising 143

TorrentFreak

JULY 13, 2022

CODA says that the site’s domain was registered in February 2018. At some point later, however, the site began linking to copies of pirated movies that had been uploaded to overseas file-hosting platforms. He is being investigated for copyright infringement offenses and is said to have generated revenue from advertising.

Copyright Infringement 132

Copyright Infringement Copyright Reporting Advertising 132

IIPRD

MARCH 4, 2024

For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. Sardar Buksh Coffee & Co CS (COMM) 1007/2018 The post Critical Analysis on Intellectual Property Rights and its components.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents.

Registration 111

Registration Fair Use Copyright Designs 111

The IPKat

JUNE 23, 2023

During Summer 2019, Mercredie became aware of the fall-winter 2019 advertising campaign, entitled #MajeMyDogandI, by ready-to-wear company Maje. Mercredie claimed that the campaign was based on photographs taken from her social networks, in particular one published on her Instagram story on 27 July 2018.

Copyright 95

Copyright Cease and Desist Copyright Infringement Publishing 95

TorrentFreak

DECEMBER 20, 2021

The sites’ Russian owner Tofig Kurbanov was taken to court in the United States in 2018, accused of facilitating mass copyright infringement. — A copy of Magistrate Judge Theresa Carroll Buchanan’s Report and Recommendation regarding RIAA’s request for damages and a permanent injunction is available here (pdf).

Cease and Desist 137

Cease and Desist Copyright Infringement Music Copyright 137

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Starting in 2018, Shared “lost access” to the instant articles program three times, each time (allegedly) without advance notice despite the applicable TOS saying Facebook “will use good faith efforts to provide Publisher with notice of” any termination. & Prof. Bonne chance.”).

Contracts 92

Contracts Social Media Advertising Advertising 92

IP and Legal Filings

NOVEMBER 8, 2021

As of 2018, the global art market was valued at over 67 billion US dollars. Digital platforms have made it increasingly easy to disseminate unauthorized copies of art works that are copyright protected. Pufnstuf program has been infringed by advertising campaigns carried out by McDonald’s. ” Peter Pan Fabrics, Inc.

Art 75

Art Artwork Television Copyright Infringement 75

SpicyIP

DECEMBER 6, 2023

The defendant, on the other hand, has contended that their use of the ‘mural’ in their advertisement was exempted as ‘fair dealing’ under Sec. 166 of Create, Copy, Disrupt). Therefore, even though court has noted that ‘the advertisement of the defendant reproduced the mural’, the fair use exemption under Sec.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. REELZ allegedly told advertisers that the “working title” of the show was “PD Live,” and went so far as to announce that “REELZ ADDS #1 TV SHOW TO OUR PROGRAMS LINEUP” with “ALL NEW LIVE EPISODES.”

Social Media 59

Social Media Copying Fair Use Advertising 59

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. YouTube also earns from advertisers by inserting video ads and allowing longer ads.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? It confirms both ownership of valid copyrights and copying by the defendants of original constituent elements of the works.

Blogging 91

Blogging Social Media Television Fair Use 91

Patently-O

APRIL 15, 2024

Laurain also failed to provide the USPTO with a video showing the Platinum Pets mat’s self-sealing behavior, and instead submitting a less pertinent Amazon advertisement. [One See Gilead Scis., Merck & Co., 3d 1231 (Fed. Its foundational principle is that “he who comes into equity must come with clean hands.”

Art 62

Art Litigation Patent Patent Application 62

43(B)log

MAY 22, 2023

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Several had appeared in magazines, advertising campaigns, television episodes, and films. Exotic Island Enters.,

Social Media 49

Social Media False Advertising Advertising Advertising 49

TorrentFreak

MARCH 11, 2024

At the time, ANCINE was clear that the deal meant it would gain access to automated systems that would allow it to “monitor irregularities” related to online advertising in connection with piracy-related products. There was never any real mystery about what it hoped to achieve.

Cinema 83

Cinema Reporting Copyright Government 83

IP Whiteboard

AUGUST 30, 2020

(Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020. According to 2018 research, one in five Australians has a tattoo. [1] From some general Google searching, it seems common for people to download pictures of works they like and bring them to their tattooist to copy. Why does it matter?

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

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. An appeal in 2018 failed to dodge this finding by trying to argue that the registration was a series of marks (see Volume 5 ).

Registration 76

Registration Advertising Advertising Law 76

IP Whiteboard

JULY 19, 2021

In 2018, with the election approaching, Palmer instructed an agent to negotiate a licence with Universal Music Publishing Pty Ltd ( UMP ). In November 2018, Palmer authorised the creation and recording of the song “ Aussies Not Gonna Cop It ”, and its synchronisation with no less than 12 UAP campaign videos.

Copyright Infringement 40

Copyright Infringement Copyright Music Publishing 40

43(B)log

JANUARY 13, 2023

Five 18 is a direct competitor of Wolf that allegedly copied its designs and stole its customers in violation of copyright law and the Lanham Act, and engaged in tortious interference and unfair competition. But what about false advertising? Thus, Wolf didn’t plead the requisite “false statement of fact” in a “commercial advertisement.”

False Advertising 72

False Advertising Advertising Advertising Registration 72

Intepat

APRIL 19, 2023

In other words, copyright does not prevent others from creating a similar software program or user interface, as long as they do not copy the original code or design. One of the leading cases here is Ferid Allani v.Union of India (2018). However, copyright protection does not extend to the ideas, concepts, or functionality of the CRIs.

Invention 52

Invention Intellectual Property Patent Copyright 52

IP and Legal Filings

APRIL 19, 2022

A violating copy of the work, whether brief or extra storage, should be owned by the complainant and not indicated under Section 52 or any other section of the Copyright Act [1957]. As a licensee, your complaint should include a copy of your licence agreement as well as the Copyright Takedown Notice. Nakul Bajaj (2018).

Copyright Law 70

Copyright Law Copyright Law Copyright Infringement 70

43(B)log

AUGUST 24, 2021

Substantial similarity: Russell argued that substantial similarity wasn’t the appropriate test in cases involving direct copying [very wrong], but even if that test did apply, there were genuine issues of material fact. “[T]he And in November 2018, [redacted] Walmart claims that [redacted].Walmart Comment: This is not law.

Copyright 81

Copyright Art Copying Reporting 81

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

December 14, 2018. first submission May 2017; resubmitted June 2018). first submission May 2017; resubmitted June 2018). November 28, 2018. first submission April 2017; resubmitted May 2018). November 2, 2018. 2016; resubmitted May 2018). October 30, 2018. July 20, 2018. October 1, 2018.

Settlement 52

Settlement Litigation Marketing Marketing 52

SpicyIP

NOVEMBER 15, 2022

The High Court also noted that merely because the impugned mark’s advertisement occurred in Delhi, the courts of Delhi will not become eligible to adjudicate on the dispute. The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte.

Trademark 105

Trademark Patent Copyright Designs 105

IIPRD

FEBRUARY 27, 2021

All copies are made from this recording. Swift thus, made a move now that she was in a position of power; She left Big Machine Group in 2018 for Universal Music Group (‘UMG’). Swift is really no different than McDonald’s save for the fact that her ads tend to be more pleasant than those of traditional advertisers.

Music 40

Music Branding Brands Branding 40

The IPKat

JUNE 23, 2022

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). Those watch faces bore Swatch’s trade marks. The fact that this was found to be an infringement is no surprise.

Branding 73

Branding Brands Branding Litigation 73

SpicyIP

FEBRUARY 13, 2023

If a design, when registered, does not suffer from lack of novelty or originality, the mere fact that, after it is registered, several persons may choose to copy the said design can obviously not constitute a ground to cancel the registration of the design.” Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

43(B)log

DECEMBER 1, 2022

Deliberate copying was irrelevant. In a Rogers case, intentional copying alone cannot justify an inference of copying with intent to confuse, even if that can occur in cases that don’t “implicate” the First Amendment. “[I]n 1195, 1201 (2018).” Yet both artists won.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

JANUARY 18, 2022

comprising of a cylindrical cross-section of a tree with nails positioned around the outer circumference of its upward facing flat circular surface, and a cross-peen hammer,” issued in 2018. Its advertising is in orange with block letters and a drawing of a hammer. The Minneschlagen stump is smaller than the Hammer-Schlagen stump.

Registration 45

Registration Ownership Social Media Marketing 45

JIPL Online

APRIL 9, 2021

If memes are so powerful to engage users with the underlying content, as recognized by their increased use as an advertising tool, then how can the same corporations claim that memes are creating a serious harm that the law should recognize and protect? Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Coinciding with this announcement, FDA issued draft guidance addressing promotional labeling and advertising considerations for prescription biological reference and biosimilar products. BI pointed to Humira (adalimumab) as an example. 262( l )(3)(A) or ( l )(7)).

Settlement 40

Settlement Licensing Designs Design 40

IPilogue

JANUARY 14, 2022

In 2018, section 53.1 common law) trademarks recognized under the Trademarks Act may appear on public signs, posters, and commercial advertising in Quebec, in languages exclusively other than French. Users can choose whether to accept licences or pursue alternative methods to lawfully copy works. 2000 SCC 66 at para.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

Technology & Marketing Law Blog

JUNE 29, 2022

1-800 Contacts (FTC 2018). This week, another court added to 1-800 Contacts’ smouldering pile of trademark jurisprudence and granted a judgment on the pleadings (Rule 12(c)) dismissing 1-800 Contacts’ competitive keyword advertising lawsuit against its rival Warby Parker. 1-800 Contacts v. Lens.com (10th Cir. Keyword Ads.

Trademark 106

Trademark Advertising Advertising Settlement 106

The IPKat

MARCH 27, 2022

Right before she sent this email, Fairfox & Favor had internally decided to send a letter of complaint to House of Bruar after they were tipped off as to their boots and copies of their boots being in the catalogue. Finally, in August 2018, Fairfox & Favor sent a letter of claim to the House of Bruar about the Version 1 boots.

Designs 52

Designs Design Copying Art 52

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Secure Distribution is a means of distributing digital content using encrypted codes which prohibit copying and limits the number of devices a product can be accessed from.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

TorrentFreak

JANUARY 1, 2022

For example, the “Pirate Coin” we envisioned in 2018 took more than three years to arrive. The buyers can be assured though, no matter how many people copy the images, they still hold the unique NFT rights. This includes DNS providers , ISPs , hosting companies , advertisers , and VPN providers. — Happy 2022!

Music 142

Music Advertising Advertising Copyright 142