LexBlog IP

AUGUST 21, 2023

In a recent precedential opinion in Monster Energy Company v. 91233515 (parent), 91233516, 91233517, 91242202, and 91252191 (August 7, 2023) , the Trademark Trial and Appeal Board (“TTAB”) shed light on the procedural intricacies of expert reports. In rendering its decision, the Board referenced Newegg Inc.

Trademark 52

Trademark Reporting Litigation Intellectual Property 52

43(B)log

DECEMBER 20, 2023

CDC Newburgh Inc. CDC is a “non-authorized reseller” of consumer products that it purchases from resellers and distributors, among other sources, in order to resell these products at a discount. It alleged that Lienau filed the reports for anticompetitive reasons after defendants suspected or confirmed the products were genuine.

False Advertising 64

False Advertising Advertising Advertising Trademark 64

IP and Legal Filings

MARCH 5, 2024

Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust. Trademarks are becoming even more significant assets for companies trying to stand out in a competitive market due to the growth of online platforms and e-commerce.

Trademark 87

Trademark Social Media Advertising Advertising 87

Velocity of Content

JANUARY 12, 2022

Seems like a simple enough task, but one that is a common challenge for most fast-paced, discovery-driven companies. 1 Sifting through volumes of articles can be time consuming and detract from higher priority initiatives. A 2020 Information Seeking and Consumption Study by Outsell, Inc. Johnson, A. Atkinson, and M.

IP 98

IP Publishing Journalism Intellectual Property 98

LexBlog IP

JULY 10, 2023

If you are a major consumer brand, chances are you have thought about how to create your own consumer identity by comparison to or distinction from your competition. A thoughtless ad campaign that carelessly namedrops another company’s trademark could land you in court. ” Clark and Olive Enterprises, Inc.

Advertising 40

Advertising Advertising Branding Brands 40

IPilogue

NOVEMBER 18, 2022

While Ye’s company, Mascotte Holdings Inc. The success of Ye and Adidas’ co-branding partnership demonstrates how cross-licensing IP, including industrial designs and trademarks, can be a strategic marketing scheme to tap into different markets or classes of consumers.

Business 131

Business Contracts Branding Brands 131

Patently-O

APRIL 16, 2024

The case garnered amicus curiae briefs filed by several innovative pharmaceutical companies in support of the patent owner, Salix Pharmaceuticals. Failure to publicly report an ongoing clinical trial is, Vanda states, “grounds for criminal liability, including imprisonment and financial penalties, as well as hefty civil fines.”

Art 75

Art Patent Journalism Publishing 75

TorrentFreak

APRIL 10, 2023

” Pre-Release Leak: February 2023 On February 20, 2023, Eurogamer reported that a 200-page ‘Artbook’ had been leaked online, containing details of new characters, enemies, enemy types, and new locations. “[Nintendo of America] is requesting the attached proposed subpoena that would order Discord Inc.

Editing 132

Editing Art Artwork Reporting 132

Technology & Marketing Law Blog

AUGUST 16, 2021

Case citation : In re Blackbaud, Inc., Instead, the court’s more succinct equation of “service provider = business” is clearly wrong. I blame the judge for that mistake, but the CCPA drafters really deserve most of the blame. Customer Data Breach MDL Litigation , 2021 U.S. LEXIS 151831 (D.S.C. Prior CCPA/CPRA Posts. *

Privacy 125

Privacy Blogging Business Marketing 125

Olartemoure Blog

AUGUST 12, 2022

According to the new regulations, leasing agreements may now be extended to intangible assets, not requiring the financial consumer to be physically present when opening small personal loans, plus banking satellite outlets will now be allowed to carry out certain insurance activities. Original source in Spanish. Original source in Spanish.

Contracts 52

Contracts Intellectual Property Government Reporting 52

LexBlog IP

MAY 26, 2022

According to a report published in March 2022 by Global Market Insights Inc., As we know, many employers prefer and are already using (or considering) voice-powered timekeeping systems over fingerprints, and consumers are using voiceprint technology for health care apps, banking apps (and telephone systems), and hands-free vehicle use.

Litigation 40

Litigation Privacy Technology Marketing 40

The IPKat

OCTOBER 25, 2022

The book, Kanellopoulou explains in the introduction, was inspired by the 2010 merger of Live Nation and Ticketmaster to form Live Nation Entertainment Inc., In which market would the two companies pose a threat to competition? the world’s first fully vertically integrated provider of live music entertainment.

Music 86

Music Marketing Marketing Business 86

LexBlog IP

MARCH 23, 2023

The New York City Department of Consumer and Worker Protection will delay enforcement of Local Law 144, until April 15, 2023. The law requires companies operating in the City to audit automated employment decision tools for bias prior to use, and to post these audit reports publicly. Workday, Inc., Docket No.

Law 40

Law Privacy Business Technology 40

IP and Legal Filings

OCTOBER 31, 2023

Company in 2011 submitted its four trademark applications to the US Patent and Trademark Office (USPTO) for the use of “BOOKING.COM” as a word trademark. Observation and decision In this judgment that was affirmed by the Hon’ble Supreme Court with an 8-1 majority, Justice Ruth Bader Ginsberg emphasized the findings of a survey report.

Trademark 59

Trademark Trademark Law Registration Fair Use 59

43(B)log

AUGUST 16, 2021

Bluegreen Vacations Unlimited, Inc. The Marketing Defendants allegedly advertise their services on the Third-Party Marketing Defendants’ websites that rate various timeshare exit companies. Timeshare Lawyers P.A., 2021 WL 3552175, No. 20-24681-Civ-Scola (S.D. 11, 2021) Another timeshare versus timeshare exit false advertising case.

False Advertising 72

False Advertising Advertising Advertising Contracts 72

43(B)log

OCTOBER 8, 2021

5, 2021) This is a putative consumer class action about pans advertised as non-stick that allegedly weren’t (and also weren’t copper as advertised). Plaintiffs further allege that experts reported that the Pans were not copper cookware, as advertised.” Tristar Prods., 2021 WL 4352374, No. EDCV 20-436 JGB (KKx) (C.D.

Advertising 45

Advertising Advertising Reporting Technology 45

Canadian Intellectual Property Blog

JUNE 21, 2022

Canada’s Patented Medicine Prices Review Board (PMPRB) is a quasi-judicial body that has authority under the Patent Act to protect and inform Canadians “by ensuring that the prices of patented medicines sold in Canada are not excessive and by reporting on pharmaceutical trends”. [1] Canada (Attorney General) 2021 FCA 157 Merck Canada Inc.

Patent 52

Patent Intellectual Property Intellectual Property Law Reporting 52

IP Tech Blog

NOVEMBER 30, 2022

In Punchbowl, Inc. Just when this blog was about to be posted on November 21, 2022, however, the Supreme Court granted certiorari in Jack Daniel’s Properties, Inc. Punchbowl, Inc. is an events company, boasting clientele that includes The Walt Disney Company, Chuck E. VIP Products LLC. Background.

Branding 57

Branding Brands Branding Fair Use 57

TorrentFreak

AUGUST 20, 2021

Last month the company filed a lawsuit in a California district court targeting people behind the Ring-1 cheating operation and in a Washington court yesterday, filed three more lawsuits targeting three additional cheat distributors. According to the complaint, Elite Boss Tech and 11020781 Canada Inc. Bungie vs. Elite Boss Tech.

Copyright Infringement 143

Copyright Infringement Copyright Derivative Work Artwork 143

43(B)log

FEBRUARY 15, 2022

Troubleshooter Network, Inc. HomeAdvisor, Inc., Thomas Martino “is a Colorado talk radio host and online consumer advocate who is known as ‘The Troubleshooter.’” HomeAdvisor “matches consumers’ home improvement service requests to service professionals who are members of HomeAdvisor’s national network.”

Advertising 52

Advertising Advertising Business Reporting 52

Corsearch

FEBRUARY 22, 2024

In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. Here are a few well-known companies that found themselves caught in the crosshairs of trademark infringement lawsuits: The North Face Apparel Corp. Adidas AG vs. Skechers USA, Inc.

Branding 59

Branding Brands Branding Trademark 59

LexBlog IP

NOVEMBER 30, 2022

In Punchbowl, Inc. Just when this blog was about to be posted on November 21, 2022, however, the Supreme Court granted certiorari in Jack Daniel’s Properties, Inc. Punchbowl, Inc. is an events company, boasting clientele that includes The Walt Disney Company, Chuck E. VIP Products LLC. Background.

Branding 52

Branding Brands Branding Fair Use 52

The TTABlog

APRIL 4, 2023

In re The New York Times Company , Serial Nos. Incidental items such as invoices, reports, packaging, and business forms used in conducting a business - as opposed to items that are sold or transported in commerce - are not goods in trade Syndicated columns are considered goods in trade. "The 1-800 Contacts, Inc. ,

Editing 52

Editing Registration Business Trademark 52

43(B)log

SEPTEMBER 5, 2023

SME Steel Contractors, Inc. Seismic Bracing Company, LLC, F.Supp.3d The University issued a report concluding two of the five BRBs did not satisfy American Institute of Steel Construction (AISC) 341-10 requirements. The report stated, “Further development is required for improving these two BRB types.” This was ambiguous.

False Advertising 59

False Advertising Law Advertising Advertising 59

SpicyIP

JULY 22, 2023

Later, on page 46, while listing the key challenges in India’s ‘march towards leadership in AI’, the report terms India’s intellectual property regime ‘unattractive’ and one of the impediments to incentivising research and adoption of AI. Committee D – This report is on cyber security, safety, legal and ethical issues.

IP 98

IP Intellectual Property Reporting Government 98

43(B)log

NOVEMBER 28, 2022

Vital Pharmaceuticals, Inc., I have tried to avoid scientific disputes about creatine and focus on the consumer survey side, which might be more generalizable. Chiagouris, who conducted two surveys to assess the materiality of Super Creatine to Bang energy drink consumers. Monster Energy Co. 2022 WL 17218077, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. lululemon is the well-known yoga gear company. The court would still have to examine the ad contents, and the site it linked to, to evaluate consumer confusion. For more on this, see my expert report in the Larsen v.

Advertising 107

Advertising Advertising Settlement Trademark 107

43(B)log

APRIL 26, 2022

Therapeutics MD, Inc. Evofem Biosciences, Inc., 30, 2022) (R&R) The parties cross-moved to exclude each other’s experts who conducted consumer surveys to determine the likelihood of confusion between plaintiff’s mark (IMVEXXY) and defendant’s mark (PHEXXI). 2022 WL 1013285, No. 20-CV-82296-RUIZ/REINHART (S.D.

Branding 45

Branding Brands Branding Advertising 45

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. The policy based considerations include the internal policies of e-commerce sites as well as registrations of companies for their IP. [6] Interplay Between Intellectual Property and E-commerce With 48.7%

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

JIPL Online

APRIL 7, 2021

The fact that consumers end up with the short end of the stick when purchasing sports apparel goes against the modern policy rationales behind trademark law, which is to protect consumers. Euroquilt, Inc. , the court summarized the modern purpose behind trademark protection in that they “help consumers to select goods. [b]y

Marketing 98

Marketing Marketing Licensing Trademark Law 98

43(B)log

AUGUST 17, 2022

9, 2022) The really enraging thing about this case is that it breaks no new legal ground, and illustrates exactly why FTC needs a strong mechanism to get consumer redress in a reasonable period of time. The record indicates that FleetCor’s deceptive advertising and unfair fee practices were ingrained in the fabric of the company for years.

Business 59

Business False Advertising Advertising Advertising 59

43(B)log

OCTOBER 11, 2022

Pegasystems Inc. 30, 2022) Pegasystems alleged that defendants, which compete with it in the business process management (BPM) software field, engaged in false advertising and commercial disparagement in an online report that portrayed Pegasystems unfavorably. Defendant BPM.com reported on the BPM industry. Appian Corp.

Marketing 59

Marketing Marketing Business False Advertising 59

SpicyIP

NOVEMBER 15, 2022

the handles of INC and Bharat Jodo Yatra. However, it was reported that a few DNR are not giving effect to the injunction orders passed by the court. The above DNRs are NameCheap Inc., Dynadot, LLC, Tucows Inc, Gransy s.r.o., Image from here. and Sarek Oy.

Trademark 105

Trademark Patent Copyright Designs 105

43(B)log

SEPTEMBER 2, 2021

Punchbowl, Inc. Plaintiff Punchbowl “is a technology company that develops online communications solutions for consumers, including online event invitations and greetings cards, with a focus on celebrations, holidays, and events.” AJ Press LLC, F.Supp.3d 3d -, 2021 WL 3356848, No. 21-cv-03010-SVW-MAR (C.D.

Fair Use 88

Fair Use Journalism Music Registration 88

IP Tech Blog

SEPTEMBER 7, 2021

The case was brought by Intuitive Surgical, Inc. (“IS”) IS”) and its wholly owned subsidiary, Intuitive Surgical Operations, Inc. (“ISO”) They alleged that Auris Health, Inc. Specifically, Auris argued that Intuitive Surgical provided no explanation for how the profits of the parent company, IS, flow to the subsidiary, ISO.

Patent Infringement 57

Patent Infringement Ownership Patent Reporting 57

The TTABlog

AUGUST 30, 2023

Monster Energy Company v. SS Vape Brands, Inc. There was no evidence of third-party use or registration by any company using the same mark to identify energy drinks or other beverages and e-liquids, and no evidence of any third party manufacturing both energy drinks and e-liquids with different marks. "The Opposition No.

Designs 57

Designs Design Branding Brands 57

43(B)log

SEPTEMBER 15, 2021

Wishbone Medical, Inc., In another comment, he stated that OrthoPediatrics had been bullying Wishbone for years and that the company was engaged in “evil behavior.” Plaintiffs never alleged that “social media is a place where potential customers in the pediatric orthopedics space go to receive information about companies and products.”

Advertising 59

Advertising Advertising Social Media False Advertising 59