Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 102

False Advertising Invention Advertising Advertising 102

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling secondly handed or vintage goods. 3d 422 (S.D.N.Y. Veronique Idea Corp.,

Branding 52

Branding Brands Branding False Advertising 52

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

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. This includes endorsements of personal experiences without disclosing the fact that they are paid for it.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

The IPKat

MARCH 27, 2022

One of these brands that has popped up on the AmeriKat's Instagram are riding boots from Fairfox & Favor. 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 ).

Designs 52

Designs Design Copying Art 52

IPilogue

JULY 20, 2021

Whether or not you’re a biker, you’re likely familiar with the Harley-Davidson brand. Considered the most well-known American motorcycle brand in the world , Harley-Davidson claims to sell more than just bikes—they sell a lifestyle. In 2018, the brand collected $19.2

Trademark 106

Trademark Branding Brands Branding 106

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. Uber Technol., 20-cv-2320 (PKC) (S.D.N.Y.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

IPilogue

MARCH 6, 2023

On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co., Eizo”), to shut down Eizo’s use of red soles on high-heeled shoes.

IP 59

IP Branding Brands Branding 59

43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. Hilti claimed that it didn’t design the label, but that defendant RectorSeal did the final design. In 2019, RectorSeal requested that Hilti’s Firestop Box Insert be added back.

False Advertising 59

False Advertising Advertising Advertising Designs 59

IP and Legal Filings

MARCH 14, 2022

. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. The brand was not involved with selling second handed or vintage goods. 3d 422 (S.D.N.Y. Veronique Idea Corp.,

False Advertising 52

False Advertising Branding Brands Branding 52

The IPKat

NOVEMBER 30, 2023

The GIA entered into force in April 2019. Furthermore, it was only after Italy claimed 'Prosecco' as a protected designation of origin that the EU declared the 'Prosecco' grape variety would be renamed as 'Glera' in 2009. Their work was published in a 2019 article and then expanded in a report for AGWI in 2022.

Registration 134

Registration Advertising Advertising Law 134

TorrentFreak

OCTOBER 24, 2022

Combining illegal streaming subscriptions and Facebook advertising with PayPal payments isn’t exactly ideal for avoiding detection and by May 2019, Trading Standards had seen enough. Two warrants were executed in Dover and Tonbridge, one of them against a man who used his own name to brand his piracy business.

Intellectual Property 97

Intellectual Property Social Media Reporting Copyright 97

43(B)log

FEBRUARY 21, 2024

WCT’s app was first released in 2014 for the iPhone and Pebble watch as a metric-tracking cycling app that was designed to “track speed, distance, altitude, and grade.” Around June 2019, he was nearing completion of a new app, but Apple announced a new Apple Watch operating system, requiring a change in development.

Marketing 59

Marketing Marketing Trademark Branding 59

TorrentFreak

DECEMBER 24, 2021

Nintendo also obtained a UK High Court injunction to block four Team-Xecuter-related websites back in 2019 but that did little to stop pirated game ROMs from being shared online. In an injunction application dated December 2, 2021, Nintendo requested a website blocking order under section 97A of the Copyright, Designs and Patents Act 1988.

Social Media 139

Social Media Artwork Copyright Reporting 139

SpicyIP

FEBRUARY 19, 2024

The Defendant had claimed that the idea of the ‘advertisement’ of the Plaintiff’s recent product launch has been copyrighted by the Defendant. The Court clarifies that the order from February 2019 remains in operation, restricting Defendants from using ‘LIBAS’ in various forms (only modified logo is permitted).

Invention 105

Invention Music Art Patent Application 105

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'" The vape/smoke shops offer Opposer’s MONSTER and MONSTER ENERGY beverages in coolers displaying third-party brand names (e.g., Monster Energy Company v.

Designs 57

Designs Design Branding Brands 57

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. Critiques about “issues of methodology, survey design, reliability, the experience and reputation of the expert, critique of conclusions, and the like go to the weight of the survey rather than its admissibility.”

False Advertising 59

False Advertising Advertising Advertising Social Media 59

IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. 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. 2] Novartis v.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

The IPKat

JANUARY 14, 2022

In 2019, after spotting a perfume product in China’s market highly similar to its classic N°5 perfume, Chanel took a ‘notarization-throughout purchase’ online and located the alleged infringing product shown below on the right. The side-by-side comparison captures several common features.

Law 142

Law Branding Brands Branding 142

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

TorrentFreak

NOVEMBER 12, 2022

Once the police have conducted their own investigations, any domain added to the IWL finds itself blacklisted by the advertising industry and then shared as part of the full list with other stakeholders, rightsholders, and anti-piracy groups. By extension, the operator of the domain is a suspected criminal.

Advertising 69

Advertising Advertising Reporting Intellectual Property 69

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

SpicyIP

JULY 19, 2021

In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019. Serious Comparative Advertising: Broadening the Definition. Thematic Highlights. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

MAY 20, 2024

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit.

Trademark 45

Trademark Advertising Advertising Copyright 45

43(B)log

OCTOBER 4, 2021

But genuine fact issues remained on whether J-B Weld’s advertising of “Made in USA” was false and whether Illinois Tool had standing. Illinois Tool sued in 2019. While Illinois Tool sat on its hands, not only did J-B Weld’s sales grow, but it expanded its brands into more stores and launched new variants (like “Perma-Lock Green”).

False Advertising 69

False Advertising Advertising Advertising Trademark 69

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. Johnson Enterprises, LLC, in which the parties were battling a trade dress infringement claim involving these large outdoor Connect 4-like games.

Copying 98

Copying Marketing Marketing Advertising 98

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

IP 124

IP Copyright Trademark Intellectual Property 124

IP Whiteboard

NOVEMBER 19, 2020

BGL and its subsidiaries ( BGL Group ), including Manolo Blahnik, manufacture, distribute and sell luxury shoes and accessories bearing the “MANOLO BLAHNIK” name and brand, which are sold in over 65 countries including Australia. The “MANOLO BLAHNIK” branded products have been available for sale in Australia since 1997. Trade mark.

Branding 52

Branding Brands Branding Designs 52

Technology & Marketing Law Blog

JANUARY 29, 2022

Using doctrines like publicity rights, plaintiffs are attacking how these services advertise by featuring people in the yearbooks and the vending of yearbook access. In 2019, the Ninth Circuit issued a troubling opinion in Enigma v. Internet Brands ). Ninth Circuit Drama #1: Enigma v. Malwarebytes.

Social Media 124

Social Media Blogging Designs Design 124

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

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. 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.

Litigation 52

Litigation Settlement Marketing Marketing 52

IIPRD

JANUARY 18, 2022

With all the opportunities that NFTs present for a business, there is also the inevitable opportunity for misuse of a business’s or brand owner’s intellectual property rights held in any underlying asset through minting of unauthorized NFTs. The usage of NFTs by luxury brands to reach out to high-net-worth individuals.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

IP and Legal Filings

FEBRUARY 20, 2024

.” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something. Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. when he believed a rose would smell like a rose regardless of its name.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89