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 102

False Advertising Invention Advertising Advertising 102

Patently-O

MARCH 11, 2024

5, 2024) ChewyvIBM. 7,072,849 and 7,076,443, relating to improvements in web-based advertising. 101 as directed to the abstract idea of “identifying advertisements based on search results.” Claims 15-17 of the ‘443 patent recite a method for providing advertisements related to search result items.

Patent Application 75

Patent Application Advertising Advertising Patent 75

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." 90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C.

Design Patent 71

Design Patent Designs Design Trademark 71

Technology & Marketing Law Blog

FEBRUARY 7, 2024

The designation on Mr. Brown’s profile that he was “verified with” his phone number, taken in context, is not an expression of approval that he was trustworthy and did not increase the risk of harm to the Rolands… Letgo’s advertisements about its verification procedure did not create or increase a risk. 2024 WL 372218 (10th Cir.

Advertising 95

Advertising Advertising Designs Design 95

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. The mark consists of a three-dimensional configuration of the interior of a hex shaped box with a honeycomb configuration of seven interior hexagonal indentations on the bottom of the box and the design of a six point star, having flat points, on the top of the box.

Designs 58

Designs Design Social Media Registration 58

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91244891 (April 11, 2024) [not precedential] (Opinion by Judge Thomas W. The Board found the amount spent on advertising and marketing (designated "confidential") was "particularly impressive."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 45

Registration Advertising Advertising Marketing 45

43(B)log

MARCH 14, 2024

2024 WL 1051951No. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! Double Diamond Distribution Ltd. Crocs, Inc., 23-cv-01790-PAB-KAS (D. The parties compete in the shoe market. Trade libel claims survived for the same reason.

False Advertising 59

False Advertising Advertising Advertising Branding 59

The TTABlog

FEBRUARY 12, 2024

97406016 (February 8, 2024) [not precedential] (Opinion by Judge Cheryl S. The combination does not result in an incongruous or unusual designation with no definitive meaning or significance other than as a mark. Welch 2024. "captures the consumer’s attention and identifies Applicant as the source of the goods." example below].

Advertising 118

Advertising Advertising Trademark Designs 118

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

Trademark 59

Trademark Registration Copyright Patent 59

LexBlog IP

JANUARY 31, 2024

This is because protection of trademarks, which are words, phrases, symbols, and designs that identify the source of goods or services, is separate from protection of copyrights and does not necessarily expire so long as the work is continuously and regularly used as a trademark.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

43(B)log

MARCH 6, 2024

3d -, 2024 WL 911075, No. 1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” But SouthState did have standing for a false advertising claim. SouthState Bank, N.A. 1:22-CV-5020-MHC (N.D.

False Advertising 45

False Advertising Advertising Advertising Business 45

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. 4) Social media “defective design” lawsuits go forward.

Law 102

Law Social Media Advertising Advertising 102

Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

Technology & Marketing Law Blog

MARCH 5, 2024

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. Pixels.com, LLC , 2024 WL 885356 (W.D. March 1, 2024) Related posts * Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v.

Artwork 96

Artwork Trademark Publishing Marketing 96

Technology & Marketing Law Blog

MARCH 6, 2024

And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. Judge Morris correctly concluded that “Rule 8 requires more”—Plaintiff did not, for example, allege that Defendants “design[ed], manufacture[d] or even select[ed] the products on their website.”

Copyright 99

Copyright Trademark Law Publishing Copyright Infringement 99

43(B)log

MARCH 25, 2024

2024 WL 1208111, F.4th 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! These warnings “shall comprise the top 50 percent of the front and rear panels of the package” of cigarettes and “at least 20 percent of the area of [any] advertisement.” R J Reynolds Tobacco Co.

Advertising 64

Advertising Advertising Social Media Government 64

Technology & Marketing Law Blog

JANUARY 30, 2024

” In support of Printify’s position, the court summarizes: Printify does not design the products, does not manufacture or print the products, and does not ship the products. 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 74

Publishing Trademark Designs Design 74

Patently-O

JANUARY 28, 2024

The improvement was touted as enabling vastly more efficient and superior manufacture of components – not just by Petitioner’s experts, but also in the defendant’s advertising. That the invention was an important real-world manufacturing innovation was, as a factual matter, thoroughly established. There was copying by competitors.

Technology 80

Technology Invention Designs Design 80

Michael Geist

DECEMBER 16, 2021

The Liberal government committed in the 2019 election campaign to a digital services tax primarily designed to target large U.S. technology companies that generate significant revenues in Canada from online advertising and user data. The policy has been adopted in several other countries, repeatedly sparking a response from the U.S.

Social Media 89

Social Media Advertising Advertising Government 89

Technology & Marketing Law Blog

FEBRUARY 18, 2024

” The court explains: as in Twitter, the Alibaba Defendants’ acts — such as promotional emails advertising Merchant Defendants’ products — are primarily if not wholly algorithmically-generated. 19885566 Store, 2024 WL 532290 (S.D.N.Y. 9, 2024) Prior Blog Posts on the SAD Scheme N.D. You know what we need to do.

Blogging 86

Blogging Advertising Advertising Trademark 86

43(B)log

MARCH 21, 2024

LLC, 2024 WL 1160687, No. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. On deceptiveness, Pabst argued that Peacock didn’t designate any expert witnesses or other evidence to show how consumers interpreted the label, while Pabst offered an expert opining on a consumer survey.

Social Media 59

Social Media Marketing Marketing Designs 59

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. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. False advertising: Only ok against Kitchen Cube.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. Even if the new definition applied, the court questions if GMB was the one to “advertise and offer” the boat, as opposed to Chaves: it is Chaves who places the advertisement on GMB’s website.

Contracts 72

Contracts Advertising Advertising Privacy 72

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.” San Marzano tomatoes “bear a special designation: D.O.P. Denominazione d’Origine Protetta, ‘Protected Designation of Origin’).” designation. designation.

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 80

Cinema Reporting Copyright Government 80

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

43(B)log

FEBRUARY 1, 2024

3d -, 2024 WL 322050, No. 29, 2024) The court certified a class of New York consumers who were assessed multiple fees for making balance inquiries at one of defendant FCTI’s ATMs at 7-Eleven stores. 22-cv-4315 (JSR) (S.D.N.Y.

Designs 59

Designs Design False Advertising Advertising 59

TorrentFreak

MARCH 4, 2024

The site is designed to be user-friendly while remaining resilient to enforcement measures. The proposed injunction also mentions hosting services, search engines, proxy services, CDNs, donation platforms, browser extensions, social media, payment providers, and advertising services, among others.

Publishing 95

Publishing Social Media Copyright Infringement Copyright 95

43(B)log

APRIL 5, 2024

2024 WL 1356220, No. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. Again, this “amounts to a disagreement on survey methodology, rather than suggestions that a survey could not be designed to test materiality in the first place.” PharmaCare U.S., 21cv137-JES (AHG) (S.D.

Branding 59

Branding Brands Branding Advertising 59

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

Litigation 84

Litigation Contracts Advertising Advertising 84

Corsearch

MARCH 13, 2023

The copyright for one of the first depictions of Mickey Mouse will expire in 2024. Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. Why Mickey Mouse is still protected The copyright on Steamboat Willie is set to expire in January 2024. So, why aren’t Disney concerned?

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

The TTABlog

APRIL 17, 2024

April 15, 2024). Citing Wal-Mart , the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier." The Court observed that "[a] party seeking to establish secondary meaning in a product design bears a 'formidable burden of proof.'" TBL Licensing v. Vidal , Appeal No.

Designs 63

Designs Design Advertising Advertising 63

IP and Legal Filings

SEPTEMBER 2, 2021

Trademarks, industrial designs, and domain names are examples of IPs interrelated to multiple aspects of the Olympic games. This implies that the Treaty prevents the usage of the Olympic symbol on any goods, advertisements or websites that are unaccredited by the IOC. This Olympic torch was protected as an industrial design.

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 52

Technology & Marketing Law Blog

FEBRUARY 12, 2024

The IJR “article generated approximately $2 to $3 in advertising revenue for IJR based on the number of page views it received.” The ridiculously low economic stakes of this case are what the CCB was designed to handle. 6, 2024) The post Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. Nature of Use.

Fair Use 87

Fair Use Licensing Copyright Marketing 87

LexBlog IP

AUGUST 24, 2023

Under each of the acts summarized below, consumers will have the right to access their personal data, the right to correct inaccurate data, the right to data portability, the right to have their data deleted, and the right to opt out of targeted advertising of personal data. The Oregon Consumer Privacy Act will go into effect on July 1, 2024.

Privacy 40

Privacy Law Business Higher Education 40

The IPKat

JANUARY 1, 2024

Their external appearance can be protected by copyright, design, trade mark or unfair competition law, though there are limits. The US copyright for Winnie the Pooh expired in 2021 and it will expire for the original (‘Steamboat Willie’) Mickey Mouse in 2024. here ), car advertisements ( here ) and Hollywood films.

Art 73

Art Music Journalism Marketing 73

Kluwer Copyright Blog

OCTOBER 30, 2023

These are currently expected to be heard by September / October of 2024. The judge accepted Lidl’s evidence of a campaign by Lidl designed to show consumers that Tesco’s Clubcard prices were not in fact price-matched to those of Lidl. In September 2023, the Court of Appeal allowed appeals, apparently from both parties.

Copyright 60

Copyright Copying Branding Brands 60