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

LexBlog IP

JANUARY 31, 2024

However, a work’s copyright expiration does not extinguish any trademark rights that the owner may maintain in that same work. But it is important to remember that any existing trademark protection in them subsists. Further, Disney still owns valid copyright and trademark rights in other, more modern versions of Mickey Mouse.

Public Domain 52

Public Domain Trademark Copyright False Advertising 52

Garrigues Blog

FEBRUARY 5, 2024

A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. regarding the use of the ZARA trademark. The Commercial Court No.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

43(B)log

MARCH 14, 2024

3d -, 2024 WL 1025265, No. 1, 2024) With the ordinary multifactor confusion test, courts position themselves as looking for empirics (even though the thrust of several of the factors is normative). Earth, Wind & Fire IP, LLC v. Substantial Music Group LLC, F.Supp.3d 23-20884-CIV-MORENO (S.D.

Advertising 69

Advertising Advertising Music Fair Use 69

The TTABlog

JUNE 5, 2024

91286066 (May 21, 2024) [not precedential] (Opinion by Judge Jennifer L. Nike's evidence established ues of the JUST DO IT mark since 2018, with staggering sales figures and advertising expenditures, substantial interactions on social media, and frequent unsolicited media attention. Welch 2024. Barbara Lorenzo , Opposition No.

Social Media 76

Social Media Advertising Advertising Blogging 76

SpicyIP

JANUARY 30, 2024

The Trademarks Registry declared “Croma” to be a well-known mark on 24 February 2020. Judgment The High Court, vide order dated 5 December 2022, granted temporary injunction against “offering for sale, advertising or in any manner dealing in goods / products under plaintiffs registered marks viz. com , www.croma-1.com com respectively.

Due Diligence 105

Due Diligence Advertising Advertising Trademark 105

The IPKat

MAY 26, 2024

GikII, an annual conference on law, technology and pop culture, has launched the call for papers for its 2024 edition. This year, the conference will be held on 4 and 5 September 2024 at University College London. On 23 November 2023 The Smiley Company (the Applicant) filed the trade mark application no.

Advertising 60

Advertising Advertising Technology Editing 60

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, why aren’t Disney concerned? Steamboat Willie, released in 1928, was the first story to feature beloved Disney character Mickey Mouse.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

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. Presently, all product labelling and commercial signs appearing in Quebec must be in French – but the Charter provides certain exceptions for trademarks.

Registering Trademarks 52

Registering Trademarks Advertising Advertising Social Media 52

43(B)log

JANUARY 18, 2024

Eddie Bauer LLC, 2024 WL 177755, No. 17, 2024) This unpublished opinion has a dissent from Judge Bea indicating further disruptions in standing may be coming. But prospective injunctive relief was still possible because she alleged future harm (the failure to be able to rely on Eddie Bauer’s advertising). 21-35334 (9 th Cir.

False Advertising 59

False Advertising Advertising Advertising Law 59

43(B)log

APRIL 29, 2024

20-6057 & 20-6100, 2024 WL 1724995 (10 th Cir. 23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. The district court enjoined further infringing uses of Hetronic trademarks “within and outside of the United States.”

Advertising 59

Advertising Advertising Trademark Branding 59

SpicyIP

APRIL 15, 2024

Controller of Patents: Foreign Disclosure requirement and Patent (Amendment) Rules, 2024 Recently, the DHC imposed costs worth INR 1 Lakh on Google for concealing information about the rejection of its foreign patent applications corresponding to the application filed in India. Read on to know more. Google LLC v.

Fair Use 59

Fair Use Licensing Trademark Patent Application 59

BYU Copyright Blog

JUNE 3, 2024

Logo,Pictorial Works,Work for Hire,University June 03, 11:35 AM June 03, 11:35 AM On May 15, 2024, Sophia Boyages (Plaintiff or Ms. Boyages presenting the art design to the working group, the University started using the logo in its products and advertised it as one of its brands. Copyright Copycat? Complaint pg. According to Ms.

Copyright 52

Copyright Art Social Media Designs 52

The TTABlog

FEBRUARY 12, 2024

97406016 (February 8, 2024) [not precedential] (Opinion by Judge Cheryl S. The Board observed that "[a] term or word which merely describes the form or shape of a product falls under the proscription of Section 2(e)(1) of the Trademark Act. [ Welch 2024. How do you think this came out? In re What Do You Meme, LLC , Serial No.

Advertising 117

Advertising Advertising Trademark Designs 117

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

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

Trademark 59

Trademark Registration Copyright Patent 59

Technology & Marketing Law Blog

MARCH 5, 2024

The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. Trademark Infringement. Trademark Counterfeiting. eBay and Multi-Time Machine v. ” UGH.

Artwork 97

Artwork Trademark Publishing Marketing 97

The TTABlog

MARCH 12, 2024

92071814 (March 8, 2024) [not precedential] (Opinion by Judge Melanye K. The Board observed that, under Section 45 of the Trademark Act, a service mark is in use in commerce "(1) when it is used or displayed in the sale or advertising of services; and (2) the services are rendered in commerce." Welch 2024. Intermed Comms.,

Service Mark 67

Service Mark Registration Licensing Advertising 67

The TTABlog

FEBRUARY 27, 2024

97040804 (February 22, 2024) [not precedential] (Opinion by Judge Wendy B. In addition, the evidence established that restaurant services and wine may be advertised by the same source under the same mark and offered at the same location, and that the customer bases for wine and restaurant services overlap. Welch 2024.

Registration 51

Registration Trademark Advertising Advertising 51

Technology & Marketing Law Blog

MARCH 6, 2024

And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. I’m also left wondering about possibly divergent applications of copyright and trademark law to print-on-demand services. Sunfrog LLC , 2024 WL 940238 (E.D. Case Citation : Tomelleri v.

Copyright 100

Copyright Trademark Law Publishing Copyright Infringement 100

The TTABlog

MARCH 5, 2024

90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C. Our law recognizes that the existence of a design patent for the very design for which trademark protection is sought “presumptively. Welch 2024. This post will aim to hit the high points of the 44-page opinion. In re JM4 Tactical, LLC , Serial No.

Design Patent 70

Design Patent Designs Design Trademark 70

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. That’s a weird posture.

Blogging 87

Blogging Advertising Advertising Trademark 87

SpicyIP

JANUARY 22, 2024

Recently the DHC held that conducting the DUS testing is essential before a plant variety application can be advertised. Aslam on 16 January, 2024 (Calcutta High Court) Calcutta High Court vacated an earlier interim injunction order finding that the plaintiff guilty of suppressing material facts. Vedika writes on this order.

Patent Prosecution 59

Patent Prosecution Music IP Registration 59

The TTABlog

APRIL 2, 2024

91255161 (March 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. It has advertised at gaming conventions and via social media, Google Ads, and social influencers. Welch 2024. Taylor Jr. Three Frog, LLC , Opposition No. Three Frog has policed the mark and has received unsolicited media coverage. Text Copyright John L.

Designs 57

Designs Design Social Media Registration 57

Technology & Marketing Law Blog

JANUARY 30, 2024

” Direct Trademark Infringement. Notably, even though the evidence of Redbubble having “used” Atari’s trademark was stronger in Atari Interactive, Inc. Sunfrog decision: there is no evidence in this record that Printify engages in any advertising or trains or encourages anyone to use infringing designs. Redbubble, Inc.

Publishing 76

Publishing Trademark Designs Design 76

LexBlog IP

MARCH 15, 2024

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. Text of Solid 21 v Breitling, 22-366 (2d Cir March 14, 2024). From the decision: “Left untouched, pure gold is yellow.

Fair Use 52

Fair Use Social Media Trademark Advertising 52

The IPKat

MARCH 7, 2024

The Case of Upcycling”, Irene Calboli and Siroos Tanner address the IP dimension of upcycling and explore ways to prevent this environmentally friendly practice from being hindered by claims of potential trademark and copyright infringement. The analysis concludes with a review of recent US cases.

Intellectual Property 56

Intellectual Property False Advertising Editing Settlement 56

43(B)log

MARCH 21, 2024

16, 2024) The court grants plaintiff's motion for reconsideration of parts of this case, discussed previously. Axon Enterprise, Inc. Luxury Home Buyers, LLC, F.Supp.3d 3d -, No.: 2:20-cv-01344-JAD-MDC (D. Axon alleged that LHB infringed Axon’s “Taser” mark.

Fair Use 45

Fair Use Advertising Advertising Art 45

The TTABlog

JANUARY 31, 2024

97219378 (January 29, 2024) [Not precedential] (Opinion by Judge Angela Lykos). Competitors in the cruise ship field should be free to continue to use this merely descriptive language when describing their own cruise ship services to the public in advertising and marketing materials. Welch 2024. How do you think this came out?

Registration 51

Registration Marketing Marketing Advertising 51

The TTABlog

JANUARY 30, 2024

90897101 (January 22, 2024) [Not precedential] (Opinion by Judge Melanye K. And so, finding the marks, trade channels, and classes of purchasers to be identical and the goods highly related, the Board affirmed the refusal under Section 2(d) of the Trademark Act. Welch 2024. How do you think this came out? Text Copyright John L.

Registration 51

Registration Marketing Marketing Advertising 51

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. Then, in Liapes v. seriously, are you still posting THERE???)

Law 103

Law Social Media Advertising Advertising 103

The TTABlog

JANUARY 17, 2024

92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. Nor did California put its advertising expenses "in context," i.e., in comparison with the expenditures of other banks. Welch 2024. It all boiled down to the first DuPont factor. How do you think this came out? Banc of California, National Association v.

Designs 67

Designs Design Registration Service Mark 67

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 Licensing 110

43(B)log

JUNE 3, 2024

2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. Bustamante v. KIND, LLC, 100 F.4th 4th 419 (2d Cir. The FDA’s own request for comments also demonstrated lots of varied understandings.

False Advertising 64

False Advertising Branding Brands Branding 64

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. Image Source: Flickr].

Intellectual Property 52

Intellectual Property Marketing Marketing Advertising 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. Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable.

Branding 59

Branding Brands Branding Marketing 59

Patently-O

MAY 5, 2024

iFIT is a major manufacturer of exercise equipment like treadmills and stationary bikes and holds several trademark registrations for IFIT marks covering fitness machines, online fitness training services and content, software, and some ancillary products like apparel. Bensalem , 92 F.4th 4th 1113 (Fed.

Branding 64

Branding Brands Branding Marketing 64