JD Supra Law

FEBRUARY 25, 2022

Thank you for reading the February 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. Our Trademark & Brand Protection practice here at Sterne Kessler is devoted to guiding companies of all sizes in developing and maintaining strong brands around the world. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Marketing 52

Marketing Marketing Branding Brands 52

Patently-O

AUGUST 19, 2022

18, 2022 ). In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. by Dennis Crouch. Eagle Pharm., 2021-2342, — F.4th 4th — ( Fed. 35 U.S.C. §

Branding 87

Branding Brands Branding Marketing 87

JD Supra Law

MARCH 30, 2022

Thank you for reading the March 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. We are excited to celebrate over 100 issues of MarkIt to Market®! We appreciate your continued interest in trademark and brand protection thought leadership.

Marketing 52

Marketing Marketing Branding Brands 52

JD Supra Law

OCTOBER 7, 2022

In Part 2 of a two-part series, The Grass is Always Greenberg features another excerpt from the 2022 Cannalaw Summit: Weighing the Risks and Rewards of Celebrity Branding in the Cannabis Industry. Will the cannabis industry join the ranks of sneakers, soda, cars, and clothing as a “jewel of the celebrity endorsement dollar?".

Branding 52

Branding Brands Branding Marketing 52

TorrentFreak

NOVEMBER 10, 2022

Later in 2012, the RIAA submitted its regular report to the United States Trade Representative, requesting various sites to be branded notorious pirate markets. Servicing the local market in the Czech Republic, the platforms also rewarded uploaders based on the popularity of their files. . ” Crack Open The Champagne?

Branding 128

Branding Brands Branding Television 128

Corsearch

APRIL 19, 2023

With Gen Z ambivalent on the cost of counterfeiting to legitimate brands – and often actively seeking fakes out – how can brands educate consumers about their societal harms? Typically defined as people born between 1997 and 2012, Gen Z are seen by many brands as the number one audience to connect with online.

Branding 40

Branding Brands Branding Social Media 40

IP Tech Blog

NOVEMBER 30, 2022

Just when this blog was about to be posted on November 21, 2022, however, the Supreme Court granted certiorari in Jack Daniel’s Properties, Inc. 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 57

Branding Brands Branding Fair Use 57

LexBlog IP

SEPTEMBER 15, 2023

healthcare system, including patients, employers and taxpayers, saved $408 billion in 2022 by using FDA-approved generic and biosimilar drugs, per the AAM’s report. Further, generics had copays under $20 in 92% of cases, compared to 53% for brand-name drugs, with an average copay of $6.16 for brands. Notably, the U.S.

Branding 52

Branding Brands Branding Reporting 52

LexBlog IP

SEPTEMBER 29, 2022

Brand owners know that their best defence is to be ahead of market trends in terms of their brand and trade mark protection. According to a recent McKinsey report , the metaverse could represent $5 trillion in value by 2030, and brands are clamouring to make sure they are well-positioned to cash in on their slice of the pie.

Branding 52

Branding Brands Branding Registration 52

JD Supra Law

JANUARY 11, 2023

Name, Image, and Likeness Deals Are on the Rise - Name, Image, and Likeness (“NIL”) agreements, which allow an individuals’ name, image, and likeness to be used to market and sell branded apparel, footwear, and other consumer goods are on the rise. On July 1, 2021, in response to the famous NCAA v.

Branding 106

Branding Brands Branding Marketing 106

The IPKat

APRIL 23, 2022

Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. Since May 2020, ambush marketing has been regulated in a comprehensive manner in Italy by Law No.

Advertising 98

Advertising Advertising Marketing Marketing 98

The IPKat

AUGUST 4, 2023

The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.

Branding 52

Branding Brands Branding Marketing 52

The TTABlog

SEPTEMBER 13, 2022

In re HIFI Brands, LLC , Serial Nos. 88905094 and 88905116 (September 9, 2022) [not precedential] (Opinion by Judge Melanye K. Welch 2022. The Board found the services to be overlapping, but what about the marks? How do you think this appeal came out? And so, the Board affirmed the refusal to register. Text Copyright John L.

Marketing 70

Marketing Marketing Graphic Design Branding 70

LexBlog IP

APRIL 26, 2022

TUESDAY, APRIL 26, 2022. IBM: Brand personality inference and recommendation system. “   Brand personality inference and recommendation system. INVENTION OVERVIEW: IBM has been issued a patent for identifying a brand’s personality based on crowdsourced data. Interesting Patents. IBM US Pat.

Patent 52

Patent Branding Brands Branding 52

43(B)log

DECEMBER 28, 2022

3d -, 2022 WL 10128276, No. 17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Barilla America, Inc., 22-cv-03460-DMR (N.D.

Branding 59

Branding Brands Branding False Advertising 59

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products. While Ye’s company, Mascotte Holdings Inc.

Business 131

Business Contracts Branding Brands 131

Intellectual Property Law Blog

AUGUST 30, 2023

Background Amgen produces and markets apremilast, a medication for the treatment of certain types of psoriasis and psoriatic arthritis, under the brand name Otezla. Sandoz submitted an Abbreviated New Drug Application (ANDA) seeking approval to market a generic version of apremilast. Thus, citing Genentech, Inc. Sandoz Inc. ,

Art 130

Art Patent Inventor Marketing 130

JD Supra Law

AUGUST 31, 2023

Background Amgen produces and markets apremilast, a medication for the treatment of certain types of psoriasis and psoriatic arthritis, under the brand name Otezla. This case is an appellate review of the district court’s findings regarding patent obviousness and priority date. By: Sheppard Mullin Richter & Hampton LLP

Branding 68

Branding Brands Branding Marketing 68

JD Supra Law

JUNE 24, 2022

As many brand owners are now aware, the USPTO recently commenced copying registrants on notices of registration as part of their transition to electronic registrations. However, in. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Marketing 55

Marketing Marketing Registration Copying 55

IAM Magazine

JANUARY 16, 2022

A 'bear trap' in China, ongoing US validity woes and big M&A opportunities around established brands and IP are among trends highlighted by practitioners.

Marketing 52

Marketing Marketing Branding Brands 52

IAM Magazine

JANUARY 16, 2022

A 'bear trap' in China, ongoing US validity woes and big M&A opportunities around established brands and IP are among trends highlighted by practitioners.

Marketing 52

Marketing Marketing Branding Brands 52

43(B)log

FEBRUARY 21, 2024

He posted about the app on social media but didn’t encourage others to do so; he didn’t have a written business or marketing plan before launch, and he did not create investor presentations, solicit investors, or raise capital. Peloton’s core brand is Peloton. He wasn’t aware of any in-app sales since the launch.

Marketing 59

Marketing Marketing Trademark Branding 59

IPilogue

JULY 21, 2022

While Hailey Bieber’s new skin care brand Rhode promises “ happy and hydrated skin, ” the brand itself has a blemish: an alleged trademark infringement. Rhode-NYC argues that Hailey Bieber’s use of her middle name “Rhode” as the name of her skin care brand is creating market confusion and potential harm to its goodwill and reputation.

Branding 119

Branding Brands Branding Social Media 119

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj & Ors. [4] 4] [Civil Suit No. 344/2018]. [5]

Marketing 85

Marketing Marketing Trademark Registration 85

IP and Legal Filings

MAY 24, 2024

The dispute revolved around an antediluvian luxury handbag brand ‘Hermès’ and artist Mason Rothschild for his avant-garde creation called MetaBirkin NFTs. However, it is unlikely that people with deep pockets who often find themselves in the waitlist for Hermès bags be fooled by virtual unaffiliated products in the NFT market.

Non-Fungible Tokens 79

Non-Fungible Tokens Trademark Art Branding 79

The TTABlog

DECEMBER 23, 2022

INTA has published the November-December, 2022 (Vol. The issue also features a book review on ambush marketing. " Book Review: Ambush Marketing and Brand Protection: Law and Practice , by Phillip Johnson , reviewd by Désirée Fields. 6) issue of The Trademark Reporter (TMR). pdf here ]. Gerhardt and Jon J. Welch 2021.

Reporting 44

Reporting Trademark Intellectual Property Branding 44

JD Supra Law

SEPTEMBER 2, 2022

brand owners were heartened to learn of the Show Cause Order issued late last week by the USPTO’s Office of the Commissioner for Trademarks, which takes aim at potentially thousands of trademark applications thought to be fraudulently filed and registered. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Marketing 52

Marketing Marketing Branding Brands 52

SpicyIP

JANUARY 30, 2024

What if we tell you that there is a drug that is used for treating diabetes, but has a similar/ almost identical brand name as another drug used for treating a type of cancer. Eerily the issue of similar brand names for different drugs treating different ailments is pretty common in India. Surprising, isn’t it?

Branding 116

Branding Brands Branding Social Media 116

The IPKat

DECEMBER 14, 2022

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2022 – the result of collaboration between myself and Doreen Adoma Agyei and Clarisse Mideva. Today, it’s all about trade marks.

IP 82

IP Registration Advertising Advertising 82

Technology & Marketing Law Blog

JANUARY 3, 2023

2022 WL 16555584 (S.D.N.Y. 31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense. 2022 WL 17430309 (9th Cir.

Copyright 93

Copyright Social Media Copyright Infringement Publishing 93

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size.

Law 84

Law Branding Brands Branding 84

LexBlog IP

FEBRUARY 28, 2023

As we settle into a new calendar year, we reflect on the Australian Competition and Consumer Commission’s ( ACCC ) 2022/2023 compliance and enforcement priorities announcing, amongst other priorities, their commitment to resolving consumer and fair trading issues regarding environmental claims and sustainability.

Marketing 52

Marketing Marketing Business Branding 52

43(B)log

FEBRUARY 19, 2022

If monopoly power is shown, which is possible, and barriers to entry, and significant network effects, FB might be monopoly; there are also attempted monopolization claims which don’t require as much market power, only a dangerous probability of success. Q: As a marketing professor, the word I say every day is Google. A: they would!

Law 119

Law Branding Brands Branding 119

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

Corsearch

NOVEMBER 28, 2023

As more businesses begin to partake in commercial events such as Black Friday and Cyber Monday , the opportunities for bad actors to trick, scam and steal potential revenue and profits away from your brand, increase. Infringers follow social media pages, brand updates, events and global trends to see which products are in demand.

Branding 52

Branding Brands Branding Cease and Desist 52

JIPEL Copyright Blog

DECEMBER 15, 2021

While these cases exemplify the tension between different brands and their trademarks, they also allude to the growing misalignment between the luxury fashion industry and trademark law. Brands like Tide, Sharpie, and Nintendo sell at a premium because customers trust that they’re getting high quality products.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. .

Social Media 52

Social Media Branding Brands Branding 52