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.

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Litigation Settlement Marketing Marketing 52

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

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Advertising Advertising Law Privacy 40

43(B)log

FEBRUARY 4, 2022

Since in or about late 2020, ML Fashion has been receiving calls from vendors about unpaid bills or about where to ship certain goods that have turned out to be for Nobelle.” But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them.

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The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The warning came as a result of complaints from various artists and designers who assert that their works are being distributed on various platforms without benefitting them.

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Copyright IP Social Media Copyright Infringement 92

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The design elements use “a contrasting font color” making the notice legible on the dark background. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros.

False Advertising 83

False Advertising Government Privacy Designs 83

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). I posted a chapter from the book: Online Contracts.

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Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

OCTOBER 25, 2023

In the early days of the pandemic, tattoo artist Cramer created this tattoo and tattooed it onto her husband: The tattoo depicts Joe Exotic of Tiger King “fame,” a can of Lysol, some coronaviruses, and the words “Quarantine 2020.” ” None of this makes any sense to me. I guess you had to be there. Warner Bros.

Blogging 83

Blogging Copyright Fair Use Copyright Infringement 83

43(B)log

MAY 3, 2023

May 2, 2023) In 2020, NAD found that Young Living’s claims that its essential oils are “therapeutic-grade” and impart physical and/or mental health benefits were “unsupported.” Young Living continued to advertise the products as being “therapeutic-grade.” Young Living Essential Oils, LC, 2023 WL 3185045, No. 22-0344, -- F.4th

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Law False Advertising Advertising Advertising 52

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.”

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43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. 5th 642, 651 (2020). 5th 279, 306 (2020) (quoting § 17500). Google, Inc.,

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False Advertising Advertising Advertising Business 59

43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. For certain “celebrity experiences,” 60% of the money donated goes to CAFA to be paid to the designated charity, but for Omaze-owned campaigns, Omaze keeps 85%. The court granted the motion to dismiss in part.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions.

Social Media 59

Social Media Contracts Confidentiality Business 59

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 70

Advertising Advertising Reporting Intellectual Property 70

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

This article focuses on regulatory and legislative actions in 2020 that may impact the burgeoning biosimilars space in 2021 and beyond. In particular, the authors review FDA’s preparation for the March 23, 2020 transition date, as well as FDA’s efforts to address biosimilar competition, interchangeability, and the COVID-19 pandemic.

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Settlement Licensing Designs Design 40

The TTABlog

DECEMBER 21, 2021

In its December 2018 decision, the Board concluded that Petitioner Australian lacked "standing": it could not show an interest in the proceeding or a reasonable belief of damage because it had contracted away its proprietary rights in its unregistered marks. Nor did respondent have advertising material or seek FDA approval.

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The IPKat

DECEMBER 16, 2021

Interested readers can find the Africa IP Highlights 2020, here. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Industries: advertising, merchandising, movies/TV, and video games.

Fair Use 59

Fair Use Contracts Litigation Copying 59

Technology & Marketing Law Blog

MAY 27, 2022

Whoever that 1 defendant is in this case (my view: the advertisers on Backpage who uploaded the ads), it sure isn’t a downstream vendor like Salesforce. s trafficker would eventually place the advertisements trafficking G.G.), s trafficker would eventually place the advertisements trafficking G.G.),

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Blogging Publishing Advertising Advertising 123

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Anthony, 2020 WL 11206863 (N.D. Signal 23 Television v.

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Registration Fair Use Copyright Designs 112

43(B)log

OCTOBER 4, 2021

slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. failure to function can be significant in ordinary cases with uncontroversial subject matter.

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IP Trademark Advertising Advertising 94

Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. The decision practice of the BGH in 2020 will be described separately in a later article. This first part covers the definition of a work, authorship and moral rights.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

IIPRD

AUGUST 4, 2022

For modern designers, this may be both a blessing and a curse. For example, in 2020, @karmanverdi – a Russian Musical Artist – created a novel approach to take photos in Lockdown and titled the series “There are so many ghosts at my site.” False advertising should be avoided when defaming a product.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. The platform integrates platforms, digital accelerators, domain and design skills, and solid partnerships in a “rich creator-partner economy.”

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

Trading Secrets

JUNE 3, 2022

19-cv-05611-PJH, 2020 WL 513287 (N.D. 31, 2020), the district court found that plaintiff stated a claim under the DTSA where the defendant was accused of misappropriating plaintiff’s trade secrets and using them to replicate the plaintiff’s salad production facility. 4:18-CV-00910-SDJ-KPJ, 2020 WL 4922117 (E.D. See Hebert v.

Law 59

Law Confidentiality Designs Design 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. Yet, given fewer FDA approvals in 2020 and 2021, this year saw the lowest number of commercial launches since 2017. August 31, 2020.

Litigation 52

Litigation Settlement Patent Marketing 52

43(B)log

FEBRUARY 24, 2023

Session 1: Identifying and Explaining Anachronisms Introduction: Mark McKenna: Every year, a TM exam could be written differently: one a very conventional exam question with Company A using one mark and Company B using a similar mark/similar goods, conventional walk through confusion factors in the way the test was designed to deal with.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2021

2020), the Northern District of Illinois considered the extent to which the DTSA allows a plaintiff to recover damages for misappropriating activities that occur outside the United States. There, the plaintiff had developed “Olaplex” – a bonding solution designed to protect hair from chemicals contained in other products. 436 F.Supp.3d

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Patent Application Law Patent Publishing 52

LexBlog IP

JANUARY 10, 2024

1498, 1509-10 (2020). It would also seem that that designation would prohibit Woodward from private ownership of the copyright in the full work, a concept that Woodward would surely resist and with which his own copyright registrations are inconsistent. ” H.R. 94-1476 at 58 (1976); see also Georgia v. Public.Resource.Org, 140 S.

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Ownership Copyright Government Intellectual Property 52

43(B)log

FEBRUARY 23, 2024

Do you still point out that Congress endorsed Rogers in 2020? Google fought for keyword advertising but couldn’t win that today. What if we could read that part of the opinion in ways that were less awful? Or do you accept the corroded structure and do something else? Eric Goldman: the platforms could be a countervailing force.

Trademark 45

Trademark Law Branding Brands 45