SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark. c) Top 10 Other IP Developments.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

NOVEMBER 30, 2022

” Politico veterans Jake Sherman and Anna Palmer, along with newsman John Bresnahan, founded the publication in 2021. ” Punchbowl argued, as a threshold matter, that the Rogers analysis had no application because First Amendment protections do “not extend to ‘the brand name of [a] commercial enterprise.’”

Branding 52

Branding Brands Branding Fair Use 52

The TTABlog

JUNE 21, 2021

Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. However, Barnard's proofs showed only that he advertised his services but not that he rendered the services.

Advertising 52

Advertising Advertising Service Mark Branding 52

Intepat

MAY 28, 2024

Apple could argue transborder reputation, asserting that its brand’s recognition and reputation extend beyond national borders. Inherent Distinctiveness: The Apple logo and brand name are inherently distinctive due to their unique design and association with the company’s products, such as iPhones, iPads, MacBooks, etc.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

OCTOBER 29, 2021

Copper Compression Brands LLC, 2021 WL 5013799, No. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. 4604 (KPF) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Designs 59

The TTABlog

JANUARY 5, 2022

Tempting Brands Netherlands B.V. 2021 USPQ2d 164 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C. 2021 USPQ2d 1191 (TTAB 2021) [precedential] (Opinion by Judge Mark Lebow). In re Taverna Izakaya LLC , 2021 USPQ2d 1134 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C. TTABlogged here ].

Registration 111

Registration Advertising Advertising Music 111

Plagiarism Today

APRIL 11, 2022

Earlier this month, the ecommerce site Etsy announced that they are launching a new intellectual property portal that they hope will make it easier for brands, creators and other rightsholders to report listings that are infringing on their rights. Users login with their Etsy account and then first register their brand.

IP 251

IP Intellectual Property Reporting Branding 251

The TTABlog

APRIL 22, 2024

Hostess Brands, owner of the registered mark SUZY Q'S for "cake," opposed the application of Holly Sue Williams to register the mark SUZYQ for "Backpacks; Wallets” and “purses," claiming a likelihood of confusion under Section 2(d). Hostess Brands, LLC v. million for the years ended December 31, 2022, 2021 and 2020 respectively.

Branding 44

Branding Brands Branding Social Media 44

Erik K Pelton

MAY 23, 2022

But I’ve been following the world of gaming and eSports competitions for many years, and in fact, have been lucky enough to work with eSports teams and several gamers to protect their brands. But a gamer that goes by Doctor Disrespect is said to have taken in approximately $6 million in revenue in 2021. Zero trademarks.

Trademark 162

Trademark Social Media Branding Brands 162

IPilogue

MARCH 22, 2023

According to the complaint, BetterHelp used and revealed consumers’ email addresses, IP addresses, and health questionnaire information to Facebook, Snapchat, Criteo, and Pinterest for advertising purposes”, including “identify[ing] similar consumers and target[ing] them with advertisements for BetterHelp’s counseling service.”

Advertising 40

Advertising Advertising Privacy Settlement 40

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

FEBRUARY 3, 2022

3d -, 2021 WL 4340670, No. 22, 2021) This case should be of interest to people working on contextual advertising. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.” Champion v.

Advertising 64

Advertising Advertising Designs Design 64

JD Supra Law

OCTOBER 22, 2021

On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses to more than 700 businesses, including top consumer brands, retailers, e-commerce platforms and advertising agencies, regarding practices involving customer endorsements, testimonials, reviews, influencer marketing and native advertising that it considers to be (..)

Marketing 77

Marketing Marketing Advertising Advertising 77

IPilogue

JANUARY 14, 2022

2021 was an exciting year for the IPilogue. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Top 10 Most Read IPilogue Articles Published in 2021. On June 28, 2021 , the College of Patent Agents and Trademark Agents Act came into force. David Vaver.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

The TTABlog

OCTOBER 29, 2021

Bee) has scheduled eight (VIII) oral hearings for the month of November 2021. November 2, 2021 - 10 AM: In re Garan Services Corp. November 2, 2021 - 10 AM: In re Garan Services Corp. November 3, 2021 - 2 PM: In re Danica Patrick Brands, LLC , Serial No. November 9, 2021 - 10 AM: In re BFY LLC , Serial No.

Designs 57

Designs Design Music Advertising 57

43(B)log

SEPTEMBER 28, 2021

Vampire Family Brands, LLC v. MPL Brands, Inc., CV 20-9482-DMG (ASx), 2021 WL 4134841 (C.D. 6, 2021) VFB sued MPL for Lanham Act, UCL, and FAL violations based on MPL’s “vampiro” cocktail. Unsurprisingly, the trademark claims survive a motion to dismiss, but associated false advertising claims don’t.

False Advertising 45

False Advertising Advertising Advertising Trademark 45

Technology & Marketing Law Blog

JANUARY 29, 2022

With so many power players treating Section 230 as a political football (and a useful distraction from the ongoing coup attempt), it wasn’t clear Section 230 would survive into 2021. Section 230 had a better year in 2021, but that’s not saying much. Internet Brands ). Section 230 is clearly in trouble.

Social Media 124

Social Media Blogging Designs Design 124

Trading Secrets

APRIL 20, 2022

Mr. Matlock alleges that he was approached by Eastern Standard in 2021 to explore expanding its existing pretzel line with Liege waffles, and the two companies began exploring co-branding opportunities. After Oprah selected Burgundian’s waffles to be included in her 2021 list, Burgundian and Eastern Standard’s negotiations broke down.

Confidentiality 122

Confidentiality Branding Brands Branding 122

43(B)log

SEPTEMBER 9, 2021

2021) You probably know that the court of appeals sent this case back for retrial on an initial interest confusion theory. I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. Select Comfort Corp. Baxter; 996 F.3d 3d 925 (8 th Cir.

False Advertising 59

False Advertising Advertising Advertising Trademark 59

Above the Fold

MAY 25, 2022

billion in 2021. [1] Beyond traditional advertisements, companies leverage “influencers” – from the micro-influencer to the Kardashians to showcase their products. Key takeaways include: Endorsements should make obvious the existence of material connection with brand. billion in 2016, to 4.2 claims related to health conditions).

Social Media 52

Social Media Branding Brands Branding 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

AUGUST 20, 2021

Holsinger, 2021 WL 3617153, No. 16, 2021) Roof Maxx distributes “a soy-based liquid product that is sprayed on asphalt shingle roofs to extend the life of the shingles.” Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act.

False Advertising 45

False Advertising Advertising Advertising Patent 45

TorrentFreak

JANUARY 24, 2023

“Piracy Impacts Advertising” Reportedly sent to staff via an internal communications system, the new guidelines suggest that piracy harms Globo employees and has a negative effect on the advertising market. “Advertising on Big Brother Brasil will become more expensive in 2023.

Reporting 130

Reporting Social Media Advertising Advertising 130

IP and Legal Filings

AUGUST 4, 2022

In 2021, the global travel and tourism sector contributed over 5.8 The brands need to identify the Class under which they can register their trademark, and this is done through the NICE Classification adopted by India. This trademark was obtained with the objective of protecting and highlighting the distinctiveness of the brand.

Intellectual Property Law 76

Intellectual Property Law Intellectual Property Law Social Media 76

43(B)log

APRIL 29, 2024

23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. Hetronic terminated its licensing and distribution agreements with Abitron, but Abitron continued to sell Hetronic-branded remotes without Hetronic’s authorization.

Advertising 59

Advertising Advertising Trademark Branding 59

DuetsBlog

JUNE 16, 2021

Also could be a reference to that large burger brand. But probably not this beer brand , based on this candy brand ? And hopefully not to be confused with this registered Whopper Plopper® brand lure. Which Rapala billboard is catching your attention in 2021?

Branding 52

Branding Brands Branding Advertising 52

SpicyIP

MARCH 8, 2023

The court, however, had a differing view and has clarified that there is no disparagement on grounds of lack of comparative advertisement and permissibility of such disclaimers under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (‘IT Rules, 2021’).

Advertising 104

Advertising Advertising Trademark Intellectual Property Law 104

IP Tech Blog

FEBRUARY 8, 2022

This may be done via “ statements, symbols, emblems, logos, graphics, colours and product brand names ” as noted on the Government’s Green Claims Campaign site. In September 2021, the CMA warned businesses that they would be carrying out a “ full review ” of misleading green claims in 2022. Further Thoughts.

Advertising 70

Advertising Advertising Marketing Marketing 70

IPilogue

JULY 15, 2021

Disney’s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry. Beavan told Variety that Disney discussed co-branded products for Target and Singer Corporation as well as a possible fashion collection. But these talks ceased once production on the movie ended.

Licensing 106

Licensing Contracts Designs Design 106

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

TorrentFreak

MARCH 29, 2023

Pirate Manga Site B9Good.com Manga piracy site B9Good initially appeared in 2008 and established itself under B9DM branding. In 2021, CODA launched its International Enforcement Project (CBEP), which aimed to personally identify the operators of pirate sites, including those behind B9Good who were eventually traced to China.

Reporting 100

Reporting Branding Brands Branding 100

IP and Legal Filings

OCTOBER 26, 2023

This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains. The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit.

Cease and Desist 98

Cease and Desist Trademark Registering Trademarks Business 98

LexBlog IP

MAY 25, 2022

billion in 2021. [1] Beyond traditional advertisements, companies leverage “influencers” – from the micro-influencer to the Kardashians to showcase their products. Key takeaways include: Endorsements should make obvious the existence of material connection with brand. billion in 2016, to 4.2

Social Media 52

Social Media Branding Brands Branding 52

The IPKat

SEPTEMBER 12, 2022

Well, NO… but… According to the Collins English Dictionary , a slogan is “ a short phrase that is easy to remember ”, and is “ used in advertisements… who want people to remember what they are saying or selling ”. The public is familiar with receiving such form of advertising messages. Such invitations to take or buy are commonplace.

Registration 113

Registration Advertising Advertising Reporting 113

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”. The Africa IP Highlights is an initiative of this Kat and is a series of posts put together to highlight some of the key developments in IP in Africa each year.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The IPKat

DECEMBER 17, 2021

According to the SCA, the target market for the products was made up of discerning consumers who were more concerned with the precise brand of watch they required, and who would be less likely to be deceived or confused by the limited similarities between the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

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. The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021.

Litigation 52

Litigation Settlement Patent Marketing 52