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 101

False Advertising Invention Advertising Advertising 101

The IPKat

JANUARY 5, 2022

Green Label (of 23 August 2021), the BOA ruled that vacuum cleaner bags enjoy design right protection, overturning a previous decision by the Invalidity Division. Background of the case In 2008, Miele successfully registered a Community Design (‘CD’), consisting of a depiction of a vacuum cleaner bag, one of which is shown below.

Designs 109

Designs Design Public Domain Advertising 109

Plagiarism Today

AUGUST 12, 2021

The 91-page report is part of an ongoing legal battle between Harrison/Erickson, a design firm that created the original Phanatic, and the Philadelphia Phillies baseball team. Harrison/Erickson created the original costume in 1978 and licensed its use until 2019, when negotiations broke down. 3: Advertising Fuels $1.34

Advertising 246

Advertising Advertising Reporting Licensing 246

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

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

IPilogue

NOVEMBER 18, 2022

(“Mascotte”), owns a portfolio of 160 trademark applications in the US connected to the “Yeezy” brand, Adidas solely owns all design rights to existing products, as well as previous and new colorways under the partnership. Adidas reportedly intends to take advantage of its design rights by selling the Yeezy sneakers using its own branding.

Business 131

Business Contracts Branding Brands 131

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

Kluwer Copyright Blog

NOVEMBER 17, 2021

Part 1 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 is available here , and parts 3 and 4 will be published on the blog over the coming days. . The BGH arrived at the same ruling as in Cordoba II in another judgment in 2019 called Testversion.

Law 52

Law Copyright Television Copyright Infringement 52

IPilogue

NOVEMBER 17, 2022

Beijing Judian is a reputable barbeque bar restaurant with over 40 locations in China with established Ju Dian character marks, including the JU DIAN & Design Mark. A month later, the restaurant found an advertisement posted by Meng for the sale of the registration of the JU DIAN & Design Mark for $100,000.

Trademark 111

Trademark Registration Advertising Advertising 111

TorrentFreak

JANUARY 19, 2024

ACE Partners With TrueVisions According to ACE, the Uhuseries.com network of sites had been running since 2019, attracting an average of 1.3 2) Responsive Design with VIP membership system. and international TV shows and movies” estimated to contain around 78,000 titles.

Advertising 89

Advertising Advertising Intellectual Property Editing 89

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

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. 4) Social media “defective design” lawsuits go forward.

Law 103

Law Social Media Advertising Advertising 103

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

The IPKat

FEBRUARY 17, 2023

The agreement between Amazon and the affiliate does not provide any specifications for the design of the affiliate’s website. Of interest was a ranking on the site in 2019 of the supposedly three best mattresses of that year. He objected to the ranking of the “best mattresses of 2019” on www.schlafbook.de

Advertising 70

Advertising Advertising Business Designs 70

IPilogue

AUGUST 4, 2022

That case centered around the issue of whether the applicant’s “JU DIAN & Design Mark” was obtained in bad faith contrary to 18(1)(e) of TMA or was otherwise invalid per 18(1)(b) or 18(1)(d) of the TMA. On May 1, 2019 the respondent met with Mr. Sing and demanded CAD $1,500,000 for Beijing Judian to acquire use of JU DIAN trademarks.

Trademark 115

Trademark Registration Designs Design 115

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 85

Litigation Contracts Advertising Advertising 85

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

BYU Copyright Blog

OCTOBER 17, 2022

In the Complaint, Bowers argues that the Defendants “took Plaintiff’s copyrighted Work without a proper license in order to nationally advertise, market, and promote its business activities across the Kansas City, Missouri area.” The use of the Work on the College's graphic design department website was allegedly discovered in 2019.Bowers

Graphic Design 52

Graphic Design Settlement Advertising Advertising 52

Olartemoure Blog

DECEMBER 14, 2023

The European Union, for instance, has introduced the Digital Markets Act (DMA), which designates certain tech firms as “gatekeepers” and subjects them to more stringent regulations. states initiated a lawsuit against Google, for allegedly violating antitrust laws in its advertising policies. Finally, in April 2023, 19 U.S.

Marketing 98

Marketing Marketing Advertising Advertising 98

43(B)log

MARCH 6, 2024

1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” But SouthState did have standing for a false advertising claim. Were the Qoins statements made in commercial advertising or promotion?

False Advertising 45

False Advertising Advertising Advertising Business 45

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. There had also been a significant delay in bringing the case to a close following their arrests in 2019.

Intellectual Property 98

Intellectual Property Social Media Reporting Copyright 98

43(B)log

JUNE 14, 2022

May 27, 2022) Previously, the district court found that AB’s anti-Miller/Coors campaign was false advertising “to the extent it was designed to mislead consumers into believing corn syrup remained in Miller Lite and Coors Light products after the brewing process was completed.” Anheuser-Busch Cos., 19-cv-218-wmc, 2022 WL 1718901 (W.D.

False Advertising 72

False Advertising Advertising Advertising Marketing 72

Michael Geist

DECEMBER 16, 2021

The Liberal government committed in the 2019 election campaign to a digital services tax primarily designed to target large U.S. technology companies that generate significant revenues in Canada from online advertising and user data. that threatens to retaliate with tariffs on sensitive sectors of the economy.

Social Media 90

Social Media Advertising Advertising Government 90

43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n McCleese registered copyrights for his photos in 2019. Along with copyright claims, McCleese asserted Lanham Act false advertising claims. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D.

Copying 64

Copying False Advertising Social Media Advertising 64

TorrentFreak

NOVEMBER 19, 2023

Launching in late 2019, StreamSafely.com has already achieved its primary goal: to help visitors get smart about piracy and how to avoid illegal content consumption,” the website reads. “These are commonly used by advertising tracking companies to profile you based on your internet usage. million in revenue vs. $4.56

Marketing 100

Marketing Marketing Privacy Intellectual Property 100

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

IP and Legal Filings

FEBRUARY 15, 2024

While the data provided by individuals are handled safely by the industry, yet, there exists an apprehension that sharing data could be misused and will lead to a flood of advertisements as based on the interests of individuals or even to potential fraud and scams. 2019, March 19). REFERENCES: Berecki, B. End Point Protector.

Privacy 89

Privacy Social Media Advertising Advertising 89

IPilogue

JULY 20, 2021

Section 20(1)(a) and (b) of the Trademarks Act considers the right of the trademark owner to be infringed by any person who sells, distributes, advertises, manufactures, imports, or exports any goods or services in association with a confusing trademark. In 2018, the brand collected $19.2

Trademark 106

Trademark Branding Brands Branding 106

Indiana Intellectual Property Law

DECEMBER 23, 2022

According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The Design Patents are for a variety of powder guns and spray equipment. April 9, 2019. They allege to be an Integrator of Gema Products, not a Gema Distributor. OPTISELECT.

Trademark 52

Trademark False Advertising Patent Registration 52

TorrentFreak

SEPTEMBER 30, 2022

With Arcom supporting their every move, various rightsholders stepped up to take advantage of new legislation designed to make pirate site blocking more efficient, to combat mirror sites and proxies, and to further punish sites by restricting appearances in search engines and curtailing advertising opportunities.

Reporting 113

Reporting Designs Design Marketing 113

TorrentFreak

JANUARY 8, 2024

They’re also adept at pumping user data, including viewing habits and associated behavior, back to providers to ensure that free ad-supported TV makes up for lost currency through a firehose of advertising intelligence. Designed to be used as live links rather than downloaded, these.m3u8 files are not only convenient and easy to use.

Advertising 105

Advertising Advertising Copyright Copyright Infringement 105

The TTABlog

OCTOBER 10, 2023

In 2019, applicant effectively acquired the assets of opposer’s brass division and tubes manufacturing business. Applicant manufactures, advertises and sells, under the stylized HME mark, goods that opposer previously sold, to customers who previously were opposer’s customers in the United. Zhejiang Hailiang Co.,

Marketing 70

Marketing Marketing Ownership Registration 70

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 140

Social Media Artwork Copyright Reporting 140

The TTABlog

FEBRUARY 22, 2022

129 USPQ2d 1148, 1149-50 (TTAB 2019)." Applicant did not provide direct evidence of acquired distinctiveness, such as survey evidence or consumer declarations, but instead relied on circumstantial evidence regarding its length of use, advertising expenditures, sales, and number of users. In re Eagle Crest Inc. ,

Service Mark 76

Service Mark Advertising Advertising Registration 76

TorrentFreak

OCTOBER 10, 2022

Since at least 2019 , Italian authorities have targeted Telegram channels linked to illicit IPTV services and movie and TV show piracy , but protection of literary works is becoming increasingly common. Channels are used for every type of discussion imaginable, with piracy facilitation and distribution some of the fastest-growing trends.

Advertising 126

Advertising Advertising Cinema Copyright Infringement 126

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. 3d 422 (S.D.N.Y. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. Veronique Idea Corp., 2d 262, 267 (S.D.N.Y.

Branding 52

Branding Brands Branding False Advertising 52

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. 3d 422 (S.D.N.Y. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. Veronique Idea Corp., 2d 262, 267 (S.D.N.Y.

False Advertising 52

False Advertising Branding Brands Branding 52