IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

Designs 57

Designs Design Social Media Privacy 57

azrights

MAY 10, 2022

It’s well known that the failure rate of small businesses is extremely high. Entrepreneur.com rates people’s chances of surviving in business beyond 5 years at 50/50, while the chances of failure after 10 years are 70%. With that in mind, here are the top 13 reasons why businesses are less successful than they might otherwise be.

Business 98

Business Branding Brands Branding 98

Technology & Marketing Law Blog

JULY 16, 2021

Advertising/E-Commerce. While such social media posts may not have the indicia of a traditional advertisement, there can belittle doubt that these paid posts are in fact advertisements… Today, consumers face waves of advertisements amid a sea of product choices. Ariix, LLC v. NutriSearch Corp., Kauders v.

Advertising 107

Advertising Advertising Contracts Social Media 107

azrights

JUNE 27, 2023

Or growing your business to sell? Do you: Know what ‘brand’ means and signifies to the value of your business? You as the business owner need a solid understanding of Brand and IP so you can be its brand manager. The changed 21st century business environment makes this an imperative. Or rebranding?

Branding 52

Branding Brands Branding Business 52

43(B)log

NOVEMBER 27, 2023

It alleged that the Philips defendants, who make such devices, engaged in false advertising about one of SoClean’s devices in order to deflect blame for the Philips devices’ design defects. Commercial advertising or promotion: A separate problem. The general economic motive of being a for-profit business was not enough.

Advertising 59

Advertising Advertising Marketing Marketing 59

IP and Legal Filings

JULY 8, 2022

Moreover, the free trade agreement with the United States has eliminated tariff barriers on all consumer and industrial products, and also provided strong protections for foreign businesses investing in Oman. Industrial Design in Oman. Illegally copying the registered design is punishable by imprisonment or fine.

Registration 70

Registration Designs Design Copying 70

43(B)log

AUGUST 9, 2021

Similarly, “ordinary business transactions” can satisfy the substantial assistance element of an aiding and abetting claim “if the [defendant] actually knew those transactions were assisting the [principal] in committing a specific tort. They allegedly “directly run” ad campaigns for their clients, including Beyond Global.

False Advertising 69

False Advertising Advertising Advertising Designs 69

LexBlog IP

AUGUST 18, 2021

It is inevitable in almost every business. Whether it’s a seasoned designer coming with plug-and-play experience or a fresh face just out of design school, sometimes it just doesn’t work out. Recently, several of my designer clients have had to fire an employee due to the employee’s misconduct.

Advertising 86

Advertising Advertising Art Law 86

Above the Fold

MAY 1, 2021

In case you missed it, Maryland became the first state back in February to pass a digital advertising services tax into law (and over the governor’s veto no less). to 10%, based upon each business’s global annual gross revenues. Proponents point to estimates that the law will create millions in tax revenue for the State of Maryland.

Advertising 40

Advertising Advertising Business Law 40

The IPKat

APRIL 26, 2023

A Registered Community Design (‘RCD’) enjoys protection only if it is new and has individual character vis-à-vis designs disclosed prior to its filing or priority date ( Art. 4(1), 7 of Regulation 6/2002 , ‘Design Regulation’). 7(1) Design Regulation ). 7(1) Design Regulation ). 6 of Directive 2005/29/EC.

Designs 76

Designs Design Art Intellectual Property 76

43(B)log

SEPTEMBER 13, 2021

2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, as do false advertising claims agains Zillow. Lanham Act claim: Was this commercial advertising or promotion? C21-312 TSZ, 2021 WL 3930694 (W.D. Picket Fence Preview, Inc.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

Technology & Marketing Law Blog

DECEMBER 10, 2023

The court says that Amazon “easily satisfies” this factor: Plaintiff’s claims are all based on the theory that Defendants ‘continue to allow unlawful sellers to maintain their accounts’ and ‘permit them to advertise’ on Defendants’ website. This argument has failed so many times. Google opinion.

False Advertising 62

False Advertising Advertising Advertising Marketing 62

IP Tech Blog

AUGUST 22, 2022

especially in the IT, entertainment and fashion businesses ? In order to safely and effectively enjoy the economic benefits deriving from the use of their brands’ goodwill and product reputation in the Metaverse, businesses need to secure the appropriate IP rights. Are they protectable by design patents? Article 2.4 Article 2.4

Design Patent 57

Design Patent Designs Design Patent 57

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

43(B)log

APRIL 25, 2022

25, 2022) I know it probably seems sometimes like I approve of every expansive use of false advertising law, but sometimes even I find an aggressive position to go too far. It is enough if a defendant provides “a necessary product or service, without which the false advertising would not be possible.”

False Advertising 45

False Advertising Advertising Advertising Reporting 45

Indiana Intellectual Property Law

JUNE 17, 2022

Otisco, Indiana – Design Tascono, Inc. the Plaintiff claims to have numerous copyright registrations for its unique statue designs, 5 of which are at issue in this case (“Tascono Works”). According to the Complaint, Design Tascono is the owner of numerous copyrights for various decorative pieces, including wall sculptures.

Copyright Infringement 52

Copyright Infringement Designs Design Copyright 52

43(B)log

APRIL 25, 2022

The plaintiffs alleged that the stamps themselves were “a powerful form of advertising because they allow the Brazilian plywood companies to market their products as conforming to an important American safety standard.” pictures of not-good plywood from case Plaintiffs alleged both direct and contributory false advertising.

False Advertising 72

False Advertising Advertising Advertising Licensing 72

43(B)log

DECEMBER 7, 2021

1, 2021) De Cortes, an 84-year old woman, worked for defendants/predecessors from 2003-2020 in their real estate business. The Agreement restricts her from doing business with BIR’s clients and from working for any of BIR’s competitors for a five-year period after her employment ends. Brickell Investment Realty, LLC, F.Supp.3d

Advertising 59

Advertising Advertising Confidentiality Business 59

Michael Geist

FEBRUARY 21, 2024

The effort, which is seemingly designed to ensure that government funding or regulation cover the entire cost of news, focuses on extending grants , expanding provincial tax credits , and overhauling the tax treatment of ad spending.

Government 103

Government Journalism Advertising Advertising 103

43(B)log

AUGUST 27, 2021

The stamps thus allegedly operate as powerful advertising, allowing Brazilian plywood companies to market their products as conforming to an important American safety standard. Google didn’t attest to anything about the locksmiths; it was like a building that rents space to business owners.

False Advertising 59

False Advertising Advertising Advertising Business 59

Patently-O

MARCH 11, 2024

International Business Machines Corp. 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.” However, at this initial step, the claim does not identify how the matching or designation occurs.

Patent Application 75

Patent Application Advertising Advertising Patent 75

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Patently-O

FEBRUARY 10, 2022

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. Junker designed the handle with “large, rounded Mickey-Mouse-shaped ears” to make it easier to handle.

Business 76

Business Patent Invention Design Patent 76

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. You can find out more here: [link].

Advertising 80

Advertising Advertising False Advertising Marketing 80

Dragons' Den

JANUARY 18, 2024

Giselle asked for £50k and help with scaling-up her business Acu Seeds , in exchange for a 10% share in the business. Giselle told the Dragons about her inspirational story that led to starting her own business. Soon after this she fell pregnant, and it was whilst on maternity leave that she set up her business, Acu Seeds.

Blogging 141

Blogging IP Licensing Business 141

43(B)log

MARCH 6, 2024

5, 2024) Plaintiffs sued defendant (Craftsman) for deceptive business practice claims under both the New York General Business Law (NYGBL), and the Virginia Consumer Protection Act (VCPA), as well as asserting warranty and common law claims. Just because it was in fine print didn’t mean it couldn’t clarify an ambiguous label.

Advertising 59

Advertising Advertising Business Designs 59

Olartemoure Blog

MAY 30, 2023

The Digital Markets Act is a groundbreaking law from the European Union that regulates the performance of large online platforms (designated as gatekeepers) in the digital economy to guarantee fair competition, which started applying on 2 May 2023. It controls an important gateway for business users toward final consumers.

Marketing 98

Marketing Marketing Designs Design 98

LexBlog IP

DECEMBER 26, 2023

I’ve seen enough stock graphic elements when doing trademark and copyright searches to know that the crown elements and scales of justice elements are likely to be highly similar to or identical to crown and scales designs owned by Getty Images or some other entity or artist. This isn’t limited to logo design.

Designs 52

Designs Design Trademark Copyright 52

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. While keyword advertising uses trademarked words to divert customers, cybersquatting involves acquiring domain names to benefit from trademarks.

Trademark 88

Trademark Social Media Advertising Advertising 88

Indiana Intellectual Property Law

OCTOBER 27, 2023

1114(1) , unfair competition , use of false designations of origin and false advertising under 15 U.S.C. 6,600,065 ) for the Yellow Handle Design specifically for “liquid handling products for commercial, industrial and agricultural use, namely control valves for regulating the flow of liquids in hoses and pipes.”

False Advertising 52

False Advertising Trademark Advertising Advertising 52

LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including, designers, tradespersons, and most importantly, consumers.

Designs 52

Designs Design Law Contracts 52

43(B)log

SEPTEMBER 16, 2021

Meredith alleged that Vacasa “has embarked on a smear campaign surgically targeted at [Plaintiff’s] homeowner customers, designed to unfairly snuff out that competition.” The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act.

Advertising 59

Advertising Advertising False Advertising Marketing 59

The TTABlog

DECEMBER 26, 2023

The Board sustained this opposition to registration of JUICY FRUIT & Design (shown below) for" t-shirt for adults," finding that pro se Applicant David Neal Seller's lacked a bona fide intent to use the mark for t-shirts at the time he filed his application. Sellers failed to overcome that presumption.

Designs 70

Designs Design Marketing Marketing 70

43(B)log

OCTOBER 6, 2021

17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. The court says the usual not-good things about false advertising’s relationship to antitrust, unfortunately: Deceptive speech usually doesn’t violate antitrust laws. 17-md-2785-DDC-TJJ (D.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Olartemoure Blog

SEPTEMBER 23, 2022

The credit line will grant loans of up to USD 450,000 for projects related to the Bioeconomy at an interest rate of 1% for small and medium-sized businesses and 4% for large businesses. The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105