43(B)log

JANUARY 13, 2023

Meadow Gold Dairies Hawaii, LLC, 2023 WL 159907, No. 11, 2023) Plaintiff alleged that defendant MGD advertises and sells milk that is one hundred percent from cows outside of Hawai‘i. Was a false geographic origin claim one for false association, § 1125(a)(1)(A), or false advertising, § 1125(a)(1)(B)? 21-00460 LEK-WRP (D.

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IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

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43(B)log

NOVEMBER 27, 2023

2023 WL 8006602, MDL No. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. In re SoClean, Inc.,

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LexBlog IP

JULY 5, 2023

On 28 June 2023, Coimisiún na Meán ( CnaM ) launched a consultation on the designation of video-sharing platform services ( VSPSs ) under the Online Safety and Media Regulation Act 2022 (the OSMR ), amending the Broadcasting Act 2009. It also requires Member States to ensure that VSPSs comply with advertising standards.

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LexBlog IP

MAY 2, 2023

Last week , the European Commission (the Commission ) adopted the first designation decisions under the Digital Services Act ( DSA ) which designated certain services as Very Large Online Platforms ( VLOPs ) and / or Very Large Online Search Engines ( VLOSEs ) in accordance with Article 33(4) of the DSA.

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Technology & Marketing Law Blog

DECEMBER 10, 2023

The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. This argument has failed so many times. Google opinion.

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The TTABlog

DECEMBER 30, 2022

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (IX) oral hearings for the month of January 2023. January 10, 2023 - 1 PM: In re OptConnect Management, LLC , Serial Nos. January 12, 2023 - 2 PM: Ultrasun AG v. January 17, 2023- 1 PM: In re Nature Cravings Pet Treats LLC , Serial Nos.

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43(B)log

SEPTEMBER 6, 2023

LLC, 2023 WL 5229803, No. 15, 2023) Lokring sells fittings for pipes and other transfer systems for fluids and gases, as well as tools used to install them. Its head of product development testified that the thin cross section had, as designed, worked acceptably for over 25 years. Shepard & Assoc., Lokring Tech.,

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LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. If you missed our live presentation, you can view a recording here. In Abitron Austria GmbH et al v. Rothschild is appealing.

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The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. 88941388 (May 22, 2023) [not precedential] (Opinion by Judge Thomas W. indicates that the design is not de jure functional.'" Wellington).

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43(B)log

DECEMBER 15, 2023

2023 WL 8634803, No. 13, 2023) Vericool alleged that Igloo falsely claimed that its “Recool” biodegradable cooler was the first of its kind. were not designed to protect originality or creativity.” “Yet Yet that is precisely what Plaintiff seeks to protect in this case: the originality and novelty of its own cooler design.”

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43(B)log

DECEMBER 18, 2023

2023 WL 8697700, No. The engineer of record must indicate on construction drawings the specific structural connectors that will be used on a given project, whether a custom connector designed by the engineer to join and transfer the load between members or a pre-engineered connector. Simpson Strong-Tie Co. 20-cv-06957-VKD (N.D.

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The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. 91268870 (December 21, 2023) [not precedential] (Opinion by Judge Christen M.

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43(B)log

JANUARY 27, 2023

3d -, 2023 WL 371035, No. 24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair Inc., 1:21-12063-PBS (D.

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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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43(B)log

NOVEMBER 27, 2023

Design Gaps, Inc. Hall, 2023 WL 8103156, No. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for a design studio that was part of Design Gaps’ main competition, Peters.

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The TTABlog

NOVEMBER 17, 2023

92078038 (November 14, 2023) [not precedential[ (Opinion by Judge Jonathan Hudis). With regard to registrant's advertising, the Board found that "[n]early all of the graphical and textual matter on Respondent’s product packaging. Trevari Media, LLC v. Laurent Colasse , Cancellation No.

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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? See Figure 2.

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The TTABlog

AUGUST 10, 2023

90006864 (August 8, 2023) [not precedential] (Opinion by Judge Michael B. Furthermore, its advertising showing pictures of the product did not inform consumers that the product design is a source indicator. Welch 2023. In re Exhart Environmental Systems, Inc. Is that what these things are supposed to do?

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LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including, designers, tradespersons, and most importantly, consumers. reportAd: {.

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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.

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LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

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Olartemoure Blog

MAY 30, 2023

The Digital Markets Act is a groundbreaking law from the European Union that regulates the performance of large online platforms (designated as gatekeepers) in the digital economy to guarantee fair competition, which started applying on 2 May 2023. It controls an important gateway for business users toward final consumers.

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BYU Copyright Blog

JULY 3, 2023

On April 10, 2023, Pawel Libera (“Libera”) filed a Complaint against the NEW YORK PREPARATORY SCHOOL, INC. DBA THE DWIGHT SCHOOL (“NYPSI”) for copyright infringement.Libera is the owner of Libera Design and is a professional photographer, he specializes in tourism advertising as well as motion-controlled-time lapse.

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The TTABlog

SEPTEMBER 15, 2023

88737597 (September 12, 2023) [not precedential] (Opinion by Judge Thomas W. As to the first factor, there were no pertinent utility patents of record, but there was a design patent owned by the applicant. In other words, the design is not 'essential to the use or purpose' of the polishing pads." Wellington).

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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. Between 2020 and 2023, in the U.S., Then, in January 2023, eight U.S. Finally, in April 2023, 19 U.S.

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The TTABlog

MARCH 20, 2023

92070774 (March 13, 2023) [not precedential] (Opinion by Judge Angela Lykos). referred to as the "Ridge Designs"). In other words, the issue is whether the designs of both safety helmets work better in the configurations at issue. ERB Industries, Inc. Cancellation No. In re Morton-Norwich Prods.,

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43(B)log

OCTOBER 11, 2023

22-cv-03119-PCP, 2023 WL 6284738, F.Supp.3d 27, 2023) HomeLight runs an online platform that matches real estate agents with homebuyers and sellers and requires any agent who accepts a referral resulting in a sale to pay 25% of their commission to HomeLight. I will only discuss the (unsuccessful) advertising-related claims.

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The TTABlog

APRIL 1, 2024

First DuPont Factor Brings TTAB Dismissal of Monster Energy's Opposition to LAIKABEAST & Design for Mugs and Plates TTABlog Test: Is TABLEAU for Wine Confusable with TABLEAU for Bar Services? Yes] TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design? Precedential No. Welch 2024.

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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.”

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43(B)log

OCTOBER 11, 2023

2023 WL 6318083, No. 28, 2023) Sazerac sells a malt version of its famous Southern Comfort whiskey. Plaintiff alleged that Sazerac designed this malt version to look just like the original one, misleading consumers in violation of New York laws on deceptive practices and false advertising. Del Rosario v. Sazerac Co.,

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TorrentFreak

JANUARY 19, 2024

In the final days of 2023 as people were preparing to welcome in the new year, yet more pirate domains were being redirected or transferred into the hands of the MPA, presumably as part of a settlement agreement. 2) Responsive Design with VIP membership system. From: TF , for the latest news on copyright battles, piracy and more.

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Technology & Marketing Law Blog

JUNE 5, 2023

. “there is no doubt that the complaint treats Google as the publisher or speaker of information… the plaintiff’s causes of action against Google rest solely on the theory that Google did not block a third-party advertisement for publication on its search pages. Google LLC , 2023 U.S. Case citation : Ynfante v.

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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. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers.

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43(B)log

SEPTEMBER 6, 2023

Allen Interchange LLC, 2023 WL 5206884, No. 14, 2023) This opinion deals only with Allen’s counterclaims. The Toyota parts sold by Allen Interchange and Toyota bear the same part number, and according to Allen Interchange, are identical in design, function, and quality. Allen Interchange LLC, 2023 WL 5207389, No.

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LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

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The TTABlog

JANUARY 23, 2023

90196048 (January 12, 2023) [not precedential] (Opinion by Judge Michael B. 88458583, 88458653, and 88458681 (January 19, 2023) [not precedential] (Opinion by Judge Marc A. Welch 2023. How do you think theses three cases came out? Results in first comment]. In re eduConsulting Firm , Serial No. In re RAI Strategic Holdings, Inc.

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