SpicyIP

JANUARY 30, 2024

Is it about the exclusive right to use a trademark – “butter chicken” or the “look and feel” of a restaurant?; or the exclusive rights over a recipe – breach of confidentiality?; According to Indian Express , the dispute concerns trademark rights over the dish. Do restaurant layouts function as ‘trademarks’?

False Advertising 116

False Advertising Social Media Inventor Advertising 116

Technology & Marketing Law Blog

MARCH 13, 2022

LVSA sued Groupon for trademark infringement. Melwani sued Amazon for trademark infringement, dilution, and more. With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. More Posts About Keyword Advertising. Google. * Competitive Keyword Advertising Claim Fails–Reflex Media v.

Trademark 84

Trademark Advertising Advertising Settlement 84

Technology & Marketing Law Blog

MAY 13, 2023

Kudos to Nicolet Law for surviving the motion to dismiss, but I’m wondering if it will ultimately regret filing this lawsuit–either because its trademark gets busted or because it made a federal case out of nothing. For more background on competitive keyword advertising by lawyers, see this article. 2023 WL 3340214 (W.D.

Law 97

Law Advertising Advertising False Advertising 97

Technology & Marketing Law Blog

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. Not relevant.

Advertising 91

Advertising Advertising False Advertising Trademark 91

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive.

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IP Advertising Advertising Trademark Law 132

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. ” It sounds like this narrowed the case solely to the trademark infringement claim.]

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Advertising Advertising False Advertising Trademark 88

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Aliign sued lululemon for trademark infringement. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Want to Engage in Anti-Competitive Trademark Bullying?

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Advertising Advertising Settlement Trademark 109

Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims. ” Adler sued for trademark and related claims.

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Advertising Advertising Trademark Settlement 105

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. But not all confidential business information that is valuable and generally unknown is a trade secret. As the U.S.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

BYU Copyright Blog

APRIL 25, 2022

As detailed in our previous posts, Columbia's allegations in this litigation have centered on EIF's alleged attempts to usurp control of the prestigious Encyclopaedia Iranica project (the "Encyclopaedia") and the legacy, publication rights, trademarks, and numerous copyrights associated with it.

False Advertising 52

False Advertising Copyright Infringement Confidentiality Advertising 52

TorrentFreak

AUGUST 1, 2022

The company was accused of advertising on torrent sites such as YTS and billing itself as a “Porcorn Time VPN.” This company is owned by anti-piracy lawyer Kerry Culpepper and is the registrant of several piracy-related trademarks, including YTS, Popcorn Time, and RARBG. No Logging!

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Settlement Confidentiality IP Advertising 137

43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. False advertising: The comments about Route were opinion and not actionable under the Lanham Act.

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False Advertising Contracts Advertising Advertising 45

43(B)log

FEBRUARY 15, 2022

Boost alleged that Woo engaged in a scheme to gain access to Boost’s confidential information and thereby replicate its beauty product. Defendants also allegedly unlawfully used variations of the Boost’s trademark “BoostLash,” as an adword. But we're here for the trademark parts of the case! The products each cost $49.95

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Registering Trademarks Confidentiality Trademark Advertising 72

LexBlog IP

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. But not all confidential business information that is valuable and generally unknown is a trade secret.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

TorrentFreak

FEBRUARY 24, 2023

Hollywood’s goal is to ensure that every domain name company, DNS provider, CDN, web hosting service, reverse proxy provider, advertising company and payment processor are bound by the same rules, so that pirates can be more easily identified. If personal information is required, rightsholders should present a court order.

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Publishing Advertising Advertising Music 121

GDB Firm Blog

MAY 13, 2019

The attorney/client privilege protects many confidential communications between attorney and client. Let me focus on one very important principle - the communication must be "confidential." Unfortunately, a clothing company suing Target for trademark infringement learned this the hard way.

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Confidentiality Advertising Advertising Copying 40

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

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Intellectual Property Contracts Ownership Invention 98

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. Smarty Pear allegedly used confidential information to inject the market with a new—and virtually identical—automated litter box: the Leo’s Loo. Purlife Brands, Inc., 2023 WL 3046592, No.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

43(B)log

SEPTEMBER 7, 2021

The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y. and [the] Coach” brand.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

SpicyIP

NOVEMBER 8, 2023

They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. It bears noting, however, that confidentiality may be a valid concern and shouldn’t be just disregarded for transparency alone.

Trademark 59

Trademark Publishing Journalism Copyright 59

Selvam & Selvam Blog

APRIL 5, 2023

Cases pertaining to Patents, Copyrights, Trademarks, Geographical Indications, Plant Varieties, Designs, Semiconductor integrated circuit layout designs, Traditional Knowledge, and all rights under common law, if any, associated therewith; Cases relating to passing off, acts of unfair competition, disparagement, comparative advertising, etc.;

Intellectual Property 52

Intellectual Property IP Confidentiality Privacy 52

LexBlog IP

JANUARY 4, 2022

One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. text: ‘Advertisements’, }, creative: {. Review Your Contracts Every Year. reportAd: {.

Contracts 52

Contracts Business Confidentiality Privacy 52

43(B)log

JUNE 15, 2022

VPX (Vital) makes BANG, which now contains creatyl-l-leucine (CLL), “a novel ingredient marketed under the trademark ‘Super Creatine.’ … Defendants claim that CLL is more stable and more bioavailable than other forms of creatine.” Here, the court denied Monster’s motion for partial summary judgment on the false advertising claim.

False Advertising 59

False Advertising Advertising Advertising Contracts 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

The IPKat

JULY 13, 2021

These issues included: (1) attorney advertising; (2) tips and tricks on client intake; (3) “conflict creep”; (4) a client’s conflict footprint compared to the amount of work given; and (5) tips on getting paid for the attorney’s work while project billing.

Law 76

Law Reporting IP Privacy 76

Technology & Marketing Law Blog

JUNE 29, 2022

17 years later, I’m still blogging their ignoble trademark lawsuits. Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. Unfortunately, that’s standard operating procedure in trademark cases. WhenU (2d Cir. Keyword Ads. Proximity of goods. Jand, Inc. ,

Trademark 109

Trademark Advertising Advertising Blogging 109

Technology & Marketing Law Blog

MAY 22, 2023

This case involves two rival personal injury law firms in Arizona, one of which engaged in competitive keyword advertising against the other. May 18, 2023) More Posts About Keyword Advertising * More on Law Firms and Competitive Keyword Ads–Nicolet Law v. Allied Modular * Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet

Advertising 110

Advertising Advertising False Advertising Trademark 110

SpicyIP

DECEMBER 20, 2023

The issue has often arisen in the context of protecting confidential information through copyright law. In 2014, the Bombay High Court restrained the singer Mika Singh and the recording label OCP Music from publishing an advertisement that impinged Sonu’s personality rights. see also Sourav Ganguly vs Tata Tea ).

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Kashishipr

OCTOBER 13, 2021

The content disclosed within the provisional application is kept confidential until the complete disclosure is made. Even if the complete disclosure is not made, the same is not disclosed to the public, maintaining the secrecy of the invention.

Patent Application 105

Patent Application Patent Inventor Invention 105

SpicyIP

DECEMBER 17, 2023

Dialmytrip Tech Private Limited Highlighting the role of behavioral science in trademark litigations, Mathews argues that the terms “make” and “dial” invoke different emotions and thus do not cause confusion. Calvin Klein Trademark Trust & Anr vs M/S Guru Nanak International & Ors. M/S Loreal S.A

IP 59

IP Trademark Advertising Advertising 59

SpicyIP

APRIL 17, 2023

On 24 th February, Justice Navin Chawla of the Delhi High Court passed an interesting judgment that discusses the parameters for a trademark to be considered descriptive/laudatory and the evidence needed to establish the same. The advertisements were found to be disparaging the toilet cleaner sold by respondent under tradename of “Harpic”.

Advertising 105

Advertising Advertising Confidentiality Trademark 105

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

But trademark plaintiffs and judges are still partying like it’s 1999. Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result.

Advertising 104

Advertising Advertising Trademark Settlement 104

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. the Court held that such usage would amount neither to infringement of the trademark, nor taking of unfair advantage of the Respondent’s mark.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Canadian Intellectual Property Blog

JUNE 15, 2021

Applications are kept confidential until the earlier of either the registration date or 30 months after the application filing date or priority date. Therefore, the design disclosed in the application will become available to the public following the expiry of the confidentiality period. However, if the article (i.e.,

Designs 52

Designs Design Intellectual Property Registration 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising. Coinciding with this announcement, FDA issued draft guidance titled “ Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products Questions and Answers.”

Litigation 52

Litigation Settlement Marketing Marketing 52

Trading Secrets

MARCH 22, 2022

As part of Hayley Paige’s responsibilities for JLM, she was tasked with growing the “Hayley Paige” brand for the company, including “assisting with advertising programs.” While the contract was originally to run through 2016, the parties extended the agreement through August 1, 2022. 4th at 789. 2021 WL 827749, at *6. Hirshberg , 93 N.Y.2d

Social Media 59

Social Media Contracts Confidentiality Business 59