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. products and to market them at U.S. Hetronic International, Inc. Hetronic Germany GmbH, F.4th 4th -, Nos.

Advertising 59

Advertising Advertising Trademark Branding 59

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Trademark Infringement. Trademark Counterfeiting. eBay and Multi-Time Machine v.

Artwork 97

Artwork Trademark Publishing Marketing 97

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! The parties compete in the shoe market. We are fiercely protective of the Crocs brand and our iconic DNA. Double Diamond Distribution Ltd. Crocs, Inc.,

False Advertising 59

False Advertising Advertising Advertising Branding 59

Patently-O

MAY 5, 2024

by Dennis Crouch In its initial decision, the TTAB dismissed iFIT’s opposition to ERB’s I-FIT FLEX registration — finding no likelihood of confusion because the goods were in separate markets. Specifically, iFIT contends that it actively markets its fitness training services and exercise equipment to cyclists.

Branding 62

Branding Brands Branding Marketing 62

The IPKat

APRIL 29, 2024

Here’s what he writes: EUIPO BoA IP Case Law Conference Report #3 – “Reconciling the Old with the New: Challenges of Trade Mark Modernization” by Mindia Davitadze The third session of the conference delved into the challenges of trademark modernization, under the theme “Reconciling the Old with the New: Challenges of Trade Mark Modernization”.

Reporting 57

Reporting IP Law Trademark 57

LexBlog IP

JANUARY 25, 2024

the Ninth Circuit revived a trademark infringement case previously dismissed on grounds that the First Amendment shields “expressive” trademarks from Lanham Act liability unless plaintiff can show the mark (1) has no artistic relevance to the underlying work, or (2) explicitly misleads as to its source. [1]

Trademark 40

Trademark Designs Design Branding 40

TorrentFreak

AUGUST 7, 2023

The injunction allows the Premier League to block pirate IPTV services during the 2023/24 season and then the 2024/2025 season after that. Operating from various domains, the brand GenIPTV has been a target for rightsholders for some time. The studios claimed that, at least in part, the service was operated out of the UK.

Branding 87

Branding Brands Branding Public Domain 87

Corsearch

NOVEMBER 8, 2023

It’s one of the most important things for your visitors to know and remember, and it’s a critical component of your omnichannel marketing strategy. However, there are a few things that can be disruptive or destructive to your brand like bad actors stealing your company’s domain name and doing with it whatever they wish. domain name.

Music 52

Music Privacy Branding Brands 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

SpicyIP

JANUARY 29, 2024

In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. Last date to Register: 29th February 2024 Case Summaries Premier Spg And Wvg Mills Pvt. But what about the public interest? Read Tejaswini’s post to know more.

Music 59

Music Intellectual Property Copyright IP 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. ” Direct Trademark Infringement. ” Contributory Trademark Infringement. 2024 WL 283641 (S.D.N.Y. Redbubble, Inc. Printify, Inc.,

Publishing 76

Publishing Trademark Designs Design 76

The IPKat

MAY 15, 2024

By decision of 8 May 2024 (T-320/23, only available in Spanish), the General Court (GC) confirmed that the sign "NOT MILK" is descriptive of the products in classes 29 and 32, and that the graphical elements do not significantly alter its descriptive nature.

Registration 57

Registration Intellectual Property Trademark Branding 57

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Interplay Between Intellectual Property and E-commerce With 48.7%

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. commerce, meaning that profits lost to trademark infringers abroad cannot be recovered in U.S.

Trademark 52

Trademark Marketing Marketing Contracts 52

Technology & Marketing Law Blog

JANUARY 24, 2024

Can you imagine how much better off they both would have been if they had worked out a deal initially and then spent all of their time and money doing marketing and focusing on their customers’ needs rather than paying lawyers? Gutman , 2024 WL 172609 (2d Cir. 17, 2024) Selected Related Posts : Who Owns Social Media Accounts?–In

Social Media 79

Social Media Ownership Designs Design 79

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. It sued Peloton for trademark infringement and other claims after the defendant launched a new line of interactive stationary bicycles under the name “Peloton Bike+.” World Champ Tech LLC v.

Marketing 59

Marketing Marketing Trademark Branding 59

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

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

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 82

Trademark Non-Fungible Tokens Branding Brands 82

SpicyIP

MAY 15, 2024

The same could be said about Google’s Ads program wherein it seems to have successfully charted through the trademark laws to smoothly bypass them in allowing firms to bid for their competitor’s trademark as a keyword for their advertisement. In March 2024, the Hon’ble Supreme Court in MakeMyTrip India Private Limited v.

Trademark 59

Trademark Advertising Advertising Blogging 59

SpicyIP

FEBRUARY 26, 2024

Last week we published 3 posts on the MHC’s interpretation of Section 3(d) in the Novozymes case, DHC’s referral of 3 questions concerning the jurisdiction of High Courts in trademark rectification matters, and DHC’s decision on infringement of product by process claims. Anything we are missing out on? Legislative Oversight?

Trademark 59

Trademark Copyright Registration Designs 59

SpicyIP

JANUARY 8, 2024

Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. student at National Law University, Delhi. Her previous posts can be accessed here.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

SpicyIP

FEBRUARY 5, 2024

Highlights of the Week Comments on the Proposed Patent (2nd Amendment) Rules, 2024 In addition to the typos and ambiguity regarding the timelines, the Draft Patent (2nd Amendment) Rules, 2024, inter alia, suffer from limited scope and require clarity on the qualification of the designated officers. Read more on this news.

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59

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

SpicyIP

DECEMBER 12, 2023

The matter is listed before the court on 22 March 2024. But the facts pertaining to its market share indicate that the mark has achieved distinctiveness. The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off. I do not believe so.

Trademark 59

Trademark Branding Brands Branding 59

SpicyIP

JANUARY 30, 2024

What if we tell you that there is a drug that is used for treating diabetes, but has a similar/ almost identical brand name as another drug used for treating a type of cancer. Eerily the issue of similar brand names for different drugs treating different ailments is pretty common in India. Surprising, isn’t it?

Branding 116

Branding Brands Branding Social Media 116

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. GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. This actually should have ended the inquiry: no mark, no trademark infringement.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

The TTABlog

MARCH 28, 2024

88935220 (March 26, 2024) [not precedential] (Opinion by Judge Wendy B. TTABlogger comment: I believe that the most popular brands of "soda pops" do not also sell beer. Welch 2024. How do you think this appeal came out? In re C&D Brewing Ventures, Inc. And so, the Board affirmed the refusal to register.

Registration 62

Registration Copying Trademark Branding 62

SpicyIP

DECEMBER 24, 2023

on December 21, 2023 (Delhi High Court) Image from here The Appellant filed an appeal against the order of the Trademark Registry allowing the opposition against the Appellant’s ‘BSA’ mark. Read Jyotpreet Kaur’s post to know more. Institute of Directors v. BSA Business Software Alliance Inc. vs Tube Investments of India Ltd. &

Registration 52

Registration Trademark Copyright Registering Trademarks 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

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Doing this was regarded as essential to avoid stifling local industry and balance global brand reputation with the interests of national enterprises and consumers.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). It includes the addition of 23 new articles, as well as organizational or substantive revisions to 51 articles of the current Trademark Law.

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

Patently-O

DECEMBER 12, 2021

Can you register a famous person’s name as your trademark without their consent? Patent and Trademark Office interprets this to mean no, never, no matter what. Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan. The Lanham Act seems to say no, and the U.S. Dogan & Mark A.

Registration 69

Registration Government Advertising Advertising 69