LexBlog IP

AUGUST 23, 2023

. (“Palacio del Rio”) sought two registrations for the river-side view and street-side view of its modular designed building for hotel services. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? Thus, brand owners can, and do, register their trade dress at the PTO.

Designs 52

Designs Design Advertising Advertising 52

The IPKat

MAY 26, 2024

On 23 November 2023 The Smiley Company (the Applicant) filed the trade mark application no. The EUIPO confirmed the following conclusions raised by the Office on 19 December 2023. The history of The Smiley is an example of the work by brand licensors to protect their heritage.

Advertising 62

Advertising Advertising Technology Editing 62

43(B)log

JULY 21, 2023

2:20-cv-01344-JAD-VCF , |2023 WL 4636917 ( D. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument that “Taser” is generic (quick quiz before reading further: what is the generic name for a Taser device?) Axon Enterprise, Inc.

False Advertising 52

False Advertising Advertising Advertising Social Media 52

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.

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Contracts Advertising Advertising Social Media 52

43(B)log

APRIL 17, 2023

LLC, 2023 WL 2933464, No. 13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first sale, showing unusual diligence by the court. Quincy Bioscience, LLC v. BRYK Enters., 22-cv-658-jdp (W.D.

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False Advertising Advertising Advertising Trademark 45

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. For example, a company uses a logo almost identical to a popular brand’s logo to mislead consumers into believing they are purchasing from a well-known brand.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

TorrentFreak

JANUARY 3, 2024

Whether that’s by choice or design isn’t clear but a lecture from someone who earns more in a day than many fans do in a year could be even more disastrous than it sounds. ” It contains over 400 domain names and, according to metadata, was last updated on December 26, 2023.

Advertising 97

Advertising Advertising Reporting Copyright Infringement 97

SpicyIP

APRIL 17, 2023

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design? In what follows, Rahul Bajaj sets out the key arguments of the parties and the holding of the court, along with his analysis of the judgment. 2 (Lulu Mall).

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Advertising Advertising Confidentiality Trademark 105

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Roblox Corp. 22-cv-04476-SI (N.D. Users interact with the platform through virtual characters known as “Avatars.”

Copying 94

Copying False Advertising Social Media Advertising 94

The TTABlog

OCTOBER 6, 2023

In accordance with the parties' stipulation, the case was divided into two stages, the first stage addressing the issue of whether Respondent Jerry's Famous Deli had ceased use (for purposes of Section 45) of the registered marks RASCAL HOUSE , WOLFIE COHEN’S RASCAL HOUSE , and the word-and-design mark shown below, for restaurant services.

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Branding Brands Branding Advertising 67

LexBlog IP

FEBRUARY 26, 2024

Fashion Week season is the chance for fashion brands to show their flair and dynamism by launching new creations, ready to be devoured by buyers, influencers, journalists, consumers, and unfortunately, also by competitors. Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later.

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IP Designs Design Copying 52

LexBlog IP

DECEMBER 26, 2023

I made a logo for Bob’s Burgers for selling burgers on Tailor Brands’ logo maker website. If you asked for something that looks like the Starbucks logo, rather than just asking it to design a logo for a coffee shop, that would weigh on the side of what it created being infringement. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

43(B)log

MARCH 27, 2023

EDCV 22-1861 JGB (KKx), 2023 WL 2629020 (C.D. 9, 2023) Hernandez brought the usual California claims against RSC for allegedly false and misleading advertising of its electric collar products for pets under the brand name PetSafe. It is designed to get your pet’s attention, but not punish him. Hernandez v.

False Advertising 59

False Advertising Advertising Advertising Branding 59

TorrentFreak

JULY 23, 2023

Note: The responses below were received in 2023. Last year, our No Logs policy also underwent an independent audit by Big Four firm, Deloitte, which found that PIA’s server configurations align with internal privacy policies and confirmed that our infrastructure is not designed to identify users or pinpoint their activities.

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Privacy IP Technology Reporting 137

43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria De Alimentos Zenu S.A.S. Latinfood U.S. T]he one showed in the application is not mine.”

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False Advertising Advertising Advertising Registration 59

43(B)log

JANUARY 19, 2024

It adopted the Rampart/Wurth branding in 2023. Several Rampart Resources employees told the president that they had received seven telephone calls in September and October 2023 from individuals attempting to contact Rampart/Wurth. Its website states: “Property Management is All We Do.”

Advertising 59

Advertising Advertising Branding Brands 59

SpicyIP

JUNE 12, 2023

on 05 June, 2023 (Bombay High Court) In a dispute pertaining to interpretation of the terms of the Long Form Agreement (LFA) between the parties, the Bombay High Court has clarified that termination of the agreement will not result in automatic re-assignment of copyright to the original assignor. Case: Super Cassettes Industries Pvt.

Copyright 98

Copyright Advertising Advertising Trademark 98

SpicyIP

FEBRUARY 13, 2023

Geeta Kewalani on 2 February, 2023 (Delhi High Court) Delhi High Court relying on ‘Laxmikant V Patel v Chetanbhai Shah’ passed an interim injunction restraining the Defendant from using the mark “Foot Locker”. Ltd for disobeying the Palbociclib interim injunction. Check out the post for more details.

Designs 52

Designs Design Trademark Cease and Desist 52

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. Internet Brands , 230 applies to the failure-to-warn claims because “Plaintiffs’ theory would require the editing of third-party content, thus treating Defendants as a publisher of content.”

False Advertising 87

False Advertising Social Media Publishing Advertising 87

TorrentFreak

JUNE 22, 2023

Julius Bencko, Graphic Designer In the United States government’s superseding indictment dated February 16, 2012, Julius Bencko is described as a citizen and resident of Slovakia. A year later, Bencko was posting videos of car restorations under his Pixelhood brand, but showing no obvious concerns about his fate in the Megaupload case.

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Graphic Design Reporting Designs Design 141

43(B)log

FEBRUARY 22, 2024

San Marzano tomatoes “bear a special designation: D.O.P. Denominazione d’Origine Protetta, ‘Protected Designation of Origin’).” designation but are labeled “San Marzano style” or “San Marzano” without the D.O.P designation. San Marzano tomatoes grown in the United States do not have the D.O.P. Benefit Corp.,

Designs 69

Designs Design Branding Brands 69

The TTABlog

JULY 24, 2023

Swiss watchmaker Audemars Piquet opposed applications to register MOSSY OAK and MOSSY OAK & Design for watches and jewelry on the grounds of likely confusion with and likely dilution of the registered mark ROYAL OAK , in standard character and stylized form, for watches. July 14, 2023 [not precedential] (Opinion by Judge Thomas W.

Registration 52

Registration Designs Design Advertising 52

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Assistant Controller of Patents and Designs , N.V.

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Trademark Invention Patent Art 126

The IPKat

JANUARY 7, 2024

According to the EUIPO Second Board of Appeal (BoA) in its decision on 19 December last ( R 827/2023-2 ) the answer is mostly not, at least if the argument is that such a pattern would be inherently distinctive. The question thus becomes: can Prada’s Triangle pattern be protected as a trade mark? An appeal appeared unavoidable.

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Branding Brands Branding Registration 89

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Consumers will benefit from enhanced protection from unscrupulous practices such as fake reviews and subscription traps. .

Social Media 52

Social Media Branding Brands Branding 52

IP Tech Blog

JUNE 8, 2023

Justice Kagan writing for the Court held that the First Amendment does not give infringers license to trade on the goodwill or dilute the trademark of a brand owner under the guise of free expression. Fair use, the Court held simply does not apply when using a mark as a designation source for the person’s own goods or services. “In

Branding 57

Branding Brands Branding Trademark 57

43(B)log

MARCH 13, 2023

2023 WL 2364736, No. 24, 2023) Hey, it’s a certified class in a vanilla case: Vizcarra alleged that Breyers Natural Vanilla Ice Cream misleadingly communicated that it contained vanilla flavor derived exclusively from the vanilla plant. Vizcarra v. Unilever U.S., 4:20-cv-02777 YGR (N.D. were not sure.

False Advertising 56

False Advertising Branding Brands Branding 56

43(B)log

APRIL 25, 2023

Purlife Brands, Inc., 2023 WL 3046592, No. 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Purlife Brands, Inc., 2023 WL 3049106, No. Automated Pet Care Prods., 22-cv-04261-VC (N.D. Automated Pet Care Prods.,

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

MAY 3, 2023

Young Living Essential Oils, LC, 2023 WL 3185045, No. 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.” 22-0344, -- F.4th

Law 52

Law False Advertising Advertising Advertising 52

The TTABlog

MAY 2, 2023

The USPTO refused to register the mark RAO'S for "Wine produced from grapes grown in a single designated vineyard in the Atlas Peak American Viticultural Area, labeled and advertised in compliance with U.S. 90694523 (April 24, 2023) [not precedential] (Opinion by Cheryl S. Welch 2023. MUCKY DUCK). Text Copyright John L.

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Registration Branding Brands Branding 78

The TTABlog

MAY 17, 2023

In and exhaustive and exhausting 69-page decision, the Board sustained-in-part and dismissed-in-part Starbucks' opposition to registration of the mark SIREN'S BREW ("BREW" disclaimed), finding confusion likely with the Starbucks design logo with regard to applicant's "coffee beans," but not as to applicant's "shirts; sweat shirts."

Advertising 52

Advertising Advertising Designs Design 52

Kluwer Copyright Blog

OCTOBER 30, 2023

Photo by Steve Buissinne via Pixabay The UK High Court has held that Lidl’s rights in the Lidl logo were infringed by Tesco’s Clubcard Price(s) signs ( [2023] EWHC 873 (Ch) ). In September 2023, the Court of Appeal allowed appeals, apparently from both parties. Specifically, the court made the following findings.

Copyright 60

Copyright Copying Branding Brands 60

43(B)log

JANUARY 27, 2023

2023 WL 416080, No. False advertising: Spiralverse allegedly falsely advertised its version of the Piano Book on Amazon as “new,” despite the rebinding, residue, and front labels. According to the Amazon condition guidelines for books, “new” means “[a] brand-new copy with cover and original protective wrapping intact.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. 91255786 (August 28, 2023) [not precedential] (Opinion by Judge Marc A. The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'" Welch 2023. Monster Energy Company v. Opposition No. TTABlogged here.

Designs 57

Designs Design Branding Brands 57

LexBlog IP

MARCH 8, 2023

This was quietly heralded as an update to the 1998 Dietary Supplement Advertising Guides, but oh dear readers, it is so much more. I don’t want to be overly dramatic, but I think it will be the FTC’s 2023 bestseller, cited more often than any other case, rule, or guidance. We shall see. But there is more.

Advertising 52

Advertising Advertising Branding Brands 52

IP and Legal Filings

APRIL 12, 2023

However, the Delhi High Court recently declared that the stylized “H” mark of French luxury brand Hermes International qualifies as a “well-known trademark” under the terms of section 2(1)(zg) of the Trademark Act, 1999 (hereinafter, the act). This is the extra protection that a brand obtains after being named Popular.

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Trademark Branding Brands Branding 89