IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

TorrentFreak

JANUARY 18, 2022

Historical visitors to the VPNLab.net website were previously greeted with the kind of message associated with many privacy-focused services. Our service is designed for a broad spectrum of clients: webmasters, SEO-optimizers, traders, businessmen and people, who care about their personal security,” the site read.

Law 96

Law Advertising Advertising Privacy 96

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” The Spectacular Failure of Employee Social Media Privacy Laws.

Social Media 99

Social Media Ownership Branding Brands 99

SpicyIP

FEBRUARY 13, 2023

Delhi High Court clarifies that for “lack of novelty” to be used as a defence against a Design infringement claim, the lack of novelty is to be seen as on the date of registration of design and not thereafter. Ltd for disobeying the Palbociclib interim injunction. Check out the post for more details.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

JANUARY 19, 2023

Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. Internet Brands , 230 applies to the failure-to-warn claims because “Plaintiffs’ theory would require the editing of third-party content, thus treating Defendants as a publisher of content.”

False Advertising 87

False Advertising Social Media Publishing Advertising 87

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. CafePress * Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs * Life May Be “Rad,” But This Trademark Lawsuit Isn’t–Williams v.

Artwork 98

Artwork Trademark Publishing Marketing 98

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Business frame obscures broader privacy harms. Essential facilities is designed to deal w/a specific kind of bottleneck—telecom, bridge, road—a channel that’s needed. What are you going to do instead, advertise on Bing?

Law 119

Law Branding Brands Branding 119

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. Debate over television series based on real events: ‘biopics’ and honor, privacy and publicity rights.

Blogging 52

Blogging IP Advertising Advertising 52

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Brand owners have already begun to catch up. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

FEBRUARY 25, 2023

These surveys are now designed to suppress that uncertainty and not let it appear in the courtroom b/c we just want numbers. Past work on how people walk around in a fog of confusion: Jacob Jacoby did this work in the 1980s—20% of people misunderstand any given factual claim in advertising! Most people are not really sure!

Trademark 72

Trademark Marketing Marketing Advertising 72

LexBlog IP

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Brand owners have already begun to catch up. NFTs also may embody or use trademarks. His NFT sales have reportedly surpassed $1.1

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

AUGUST 3, 2023

Dignitary interests: false light, IIED, privacy typically expire w/person. So too w/false advertising. Advertising: false endorsement potential. Assumptions skipped over in TM/false advertising analysis.] Protecting brand investment and consumers? Death closes things off. To fix suboptimal postmortem allocations.

Registration 52

Registration False Advertising Advertising Advertising 52

LexBlog IP

DECEMBER 1, 2022

Designer Brands Inc. Leinenweber; District Judge Joan B. Gottschall; District Judge John Robert Blakey. Claims: Infringement. Defendant: At Home Stores LLC. The Buckle, Inc. Shoe Show, Inc. Carter’s, Inc. Dick’s Sporting Goods, Inc. Johnny Was, LLC. lululemon athletica Inc.

Reporting 40

Reporting Litigation Patent Privacy 40

Intepat

FEBRUARY 7, 2023

The visual technology and design capabilities are developing at a rapid pace where the metaverse will allow users to interact with virtual objects in real life with real-time information. Some of the biggest celebrities and brands in the world have found their space in it, including Morgan Stanley, Coca-Cola, Adidas, Samsung, and Snoop Dogg.

IP 52

IP Law Invention Licensing 52

43(B)log

FEBRUARY 24, 2023

UCLA School of Law Mark Janis: 1 st day of TM: students’ experience of brands as used by owners & 3 rd parties is so disconnected from the historical traditions of TM. New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed.

Trademark 49

Trademark Branding Brands Branding 49

43(B)log

FEBRUARY 23, 2024

Standing makes him nervous b/c of privacy. What you’re seeing is cross-licensing/branding. Maybe sponsorship/affiliation reflects what brands are doing and how consumers think. If we listened to what brands actually do and what consumers actually see, they see Nike x Common, the dual branding is all over it.

Trademark 45

Trademark Law Branding Brands 45

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. Masai is an international player in the footwear industry engaged in designing, marketing, and distributing shoes. Patent as Collateral in the US.

IP 40

IP Intellectual Property Branding Brands 40