The TTABlog

APRIL 18, 2024

91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. The Board found the amount spent on advertising and marketing (designated "confidential") was "particularly impressive." Welch 2024. Are the goods sufficiently related? How do you think this came out? Nemiroff Intellectual Property Establishment v.

Registration 44

Registration Advertising Advertising Marketing 44

43(B)log

MARCH 29, 2024

2024 WL 1282368, No. 25, 2024) Gerber Good Start Gentle formula isn’t like most other infant formulas, which are made with “intact” cow’s milk protein. 2) A print magazine advertisement described GSG as the “1st Formula with FDA qualified health claim.” (3) Hasemann v. Gerber Prods. and] an allergy risk reduction benefit.”

False Advertising 104

False Advertising Advertising Advertising Reporting 104

LexBlog IP

FEBRUARY 7, 2024

It includes many rules, several of them directed at the language of business in Quebec, and some regarding the use of French on both product packaging and signage/advertising. This provides some breathing room for brand owners, but they should nonetheless start preparing well ahead of the June 1, 2025 deadline.

Registering Trademarks 52

Registering Trademarks Advertising Advertising Social Media 52

43(B)log

MARCH 29, 2024

2024 WL 1251284, No. 22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. Schotte alleged a “substantial price premium” of at least 25% more for the Wipes as compared to non-flushable wipes from the same brands. Stop & Shop Supermarket Co.,

Law 59

Law Advertising Advertising Branding 59

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

The TTABlog

MARCH 15, 2024

92075021 (March 8, 2024) [not precedential] (Opinion by Judge Martha B. VEUVE CLICQUOT brand champagne is sold everywhere in the United States, through both online and in more than 50,000 brick-and-mortar stores. Welch 2024. The Board found the goods to be, in part, legally identical, since champagne is a type of sparkling wine.

Advertising 48

Advertising Advertising Branding Brands 48

IP Tech Blog

FEBRUARY 13, 2023

At the end of January, the CMA announced that it is investigating FMCG for the use of green claims in labelling, advertising and marketing material. In particular, the CMA is concerned with “ broad eco-statements “, misleading claims about the recyclability of a product and brands labelling themselves as “ sustainable.”

Business 57

Business Advertising Advertising Blogging 57

LexBlog IP

FEBRUARY 13, 2023

At the end of January, the CMA announced that it is investigating FMCG for the use of green claims in labelling, advertising and marketing material. In particular, the CMA is concerned with “ broad eco-statements “, misleading claims about the recyclability of a product and brands labelling themselves as “ sustainable.”

Business 52

Business Advertising Advertising Blogging 52

TorrentFreak

FEBRUARY 16, 2024

Trading Off Kocowa’s Goodwill (and its content) Kokoa TV’s choice of branding was called out for its similarity to the plaintiffs’ service Kocowa, for which they hold a trademark. Liburdi handed down his order on February 6, 2024. filed its complaint. Judge Michael T.

Copyright 113

Copyright Trademark Copyright Infringement Registration 113

43(B)log

APRIL 5, 2024

2024 WL 1356220, No. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. No other elderberry brand can make the same claim”; “Developed by a world renowned virologist, Sambucol® has been trusted by millions worldwide. PharmaCare U.S., 21cv137-JES (AHG) (S.D. versus 24.2%, or 27.7%

Branding 59

Branding Brands Branding Advertising 59

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Why Mickey Mouse is still protected The copyright on Steamboat Willie is set to expire in January 2024. So, will other content creators, brands, and consumers be able to use Mickey Mouse in their own works? So, why aren’t Disney concerned?

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

43(B)log

JANUARY 5, 2024

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. Defendants market only their K12 brand nationally. Florida Virtual School v. statements as evidence of confusion.

Branding 59

Branding Brands Branding Marketing 59

IPilogue

JANUARY 21, 2022

billion USD by 2024. Game publishers can decide what teams/players may compete, who may host tournaments, and how tournaments are advertised and broadcasted. There is no question that the virtual gaming and e-sports industry has seen exponential growth in the last decade or so.

Publishing 110

Publishing Intellectual Property IP Copyright 110

Technology & Marketing Law Blog

MARCH 5, 2024

Much like Redbubble, Pixels also has a hand in advertising infringing work, allowing users to search for DeYoung artwork and providing a link to view “all Derek DeYoung products,” despite the fact that many of those products originated from unlicensed third parties. Pixels.com, LLC , 2024 WL 885356 (W.D.

Artwork 96

Artwork Trademark Publishing Marketing 96

43(B)log

FEBRUARY 22, 2024

20, 2024) According to the complaint, San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, Italy.” Old label showing "San Marzano" on top of elongated, pointed tomatoes But now it sells a variety of Roma tomato products under the “San Merican Tomato” or “SMT” brand. Valiente v. Simpson Imports, Ltd.,

Designs 69

Designs Design Branding Brands 69

TorrentFreak

MARCH 11, 2024

Concerns Over Comments in Brazil In its submission to the USTR’s 2024 Special 301 Review, the International Intellectual Property Alliance (IIPA), which counts the MPA among its members, raised concerns over the situation in Brazil. There was never any real mystery about what it hoped to achieve.

Cinema 83

Cinema Reporting Copyright Government 83

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Other defendants manufactured and sold the Cube with their unique branding through Kitchen Cube’s affiliate program. False advertising: Only ok against Kitchen Cube.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

Technology & Marketing Law Blog

JANUARY 30, 2024

Printify doesn’t process consumer purchases for its merchants (except in its “Pop-Up Shops” offering) and doesn’t display its brand on any manufactured items. Sunfrog decision: there is no evidence in this record that Printify engages in any advertising or trains or encourages anyone to use infringing designs.

Publishing 75

Publishing Trademark Designs Design 75

Kluwer Copyright Blog

OCTOBER 30, 2023

These are currently expected to be heard by September / October of 2024. Lidl is described in the judgment as a “discounter” supermarket: it focuses on own-branded products and a “more curated selection of goods thus enabling greater control over price” (Paragraph [51]). The precise details of what is being appealed is not yet known.

Copyright 60

Copyright Copying Branding Brands 60

LexBlog IP

AUGUST 12, 2021

31, 2024, plastic bottles sold in California must contain no less than 15% PCR. Activists have been taking the fight to the courtroom as well, with several environmental groups initiating class action lawsuits against brands for their environmental claims. 1, 2022, to Dec. 1, 2025, to Dec.

Marketing 52

Marketing Marketing Business Advertising 52

43(B)log

MARCH 6, 2024

2024 WL 898941, No. 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. NYU Langone Health Sys. Northwell Health, Inc., 23-CV-5032 (VEC) (S.D.N.Y.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

TorrentFreak

OCTOBER 25, 2022

The IWL is shared among brands, advertising companies, agencies and affiliates, who are informed that responsible companies boycott pirate sites because it a) protects their image and b) starves pirate sites of much-needed cash. Total number of brands and total number of advert intermediaries.

Intellectual Property 114

Intellectual Property Advertising Advertising Contracts 114

43(B)log

JANUARY 19, 2024

2024 WL 195999, No. 18, 2024) The court, grappling with the Fifth Circuit’s rather inconsistent law on misdirected communications, denies a preliminary injunction (subject easily guessable by party names). It adopted the Rampart/Wurth branding in 2023. Rampart Resources, Inc. Rampart/Wurth Holding, Inc., 23-6895 (E.D.

Advertising 59

Advertising Advertising Branding Brands 59

43(B)log

APRIL 15, 2024

3d - , 2024 WL 1083462, No. 12, 2024) GMP is a nonprofit focused on sustainable butchery and meat production practices. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims. Good Meat Project v.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Sun Pharma Laboratories Ltd. vs Dabur India Ltd. &

Invention 105

Invention Music Art Patent Application 105

43(B)log

FEBRUARY 21, 2024

2024 WL 665181, No. 16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. Peloton’s core brand is Peloton. Numerous leading brands, such as Apple (Apple TV+) and Disney (Disney+), had already adopted ‘+’ for their line expansions.” World Champ Tech LLC v.

Marketing 59

Marketing Marketing Trademark Branding 59

The TTABlog

JANUARY 26, 2024

92068029 (January 12, 2024) [not precedential] (Opinion by Judge Thomas W. Petitioners alleged that from 2003 to October 2016, Petitioners and Respondent operated as a partnership and shared equally the profits derived from arranging and organizing dance parties in New York City under the Freedom Party brand. Welch 2024.

Registration 67

Registration Ownership Advertising Advertising 67

SpicyIP

DECEMBER 12, 2023

The matter is listed before the court on 22 March 2024. states that “The brand names serve as information ‘chunks’. Given, only a familiar brand name, a host of relevant and important information can be efficiently called into consciousness.” Comments It can be argued that ‘makemytrip’ started of as a descriptive mark.

Trademark 59

Trademark Branding Brands Branding 59

SpicyIP

DECEMBER 24, 2023

on December 20, 2023(Delhi High Court) Image from here The Plaintiff owned 5 Standard Essential Patents (SEPs) relating to wireless communication technology which the Defendants were allegedly using in their mobile phones being sold under the brand name of OnePlus without the license to do so. . & Ors. Pharmacyclics LLC & Anr.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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. Their rights will be protected thanks to the metaverse brands’ trademarks. It might be more difficult than ever in the metaverse to police brands.

Trademark 85

Trademark Non-Fungible Tokens Branding Brands 85

SpicyIP

DECEMBER 30, 2023

Eventually, Johnson and Johnson announced that it would no longer enforce their patents for Bedaquiline (brand name: Sirturo) which is used in the treatment of multidrug-resistant tuberculosis (MDR-TB) in 134 low- and middle-income countries. The rejection order is authored by Dr. Latika Dawara, Asst. Makemytrip (India) Pvt.

IP 124

IP Copyright Trademark Intellectual Property 124

Patently-O

DECEMBER 12, 2021

21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22]

Registration 69

Registration Government Advertising Advertising 69