43(B)log

NOVEMBER 23, 2022

Lynd advertised the Product as effective against the coronavirus. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums. the Lanham Act false advertising claim survived.

False Advertising 99

False Advertising Advertising Advertising Business 99

The TTABlog

DECEMBER 27, 2023

The Board upheld a refusal to register the proposed mark CONCRETE PORN for "Advertising services, namely, providing a website for the promotion of concrete services and designs of others," finding that applicant's specimen of use failed to show a direct association between the mark and the recited services.

Advertising 67

Advertising Advertising Designs Design 67

IPilogue

NOVEMBER 18, 2022

(“Mascotte”), owns a portfolio of 160 trademark applications in the US connected to the “Yeezy” brand, Adidas solely owns all design rights to existing products, as well as previous and new colorways under the partnership. Adidas reportedly intends to take advantage of its design rights by selling the Yeezy sneakers using its own branding.

Business 131

Business Contracts Branding Brands 131

LexBlog IP

AUGUST 18, 2021

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. Review the contract. Reconcile and pay. reportAd: {.

Advertising 86

Advertising Advertising Art Law 86

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Yet plaintiffs are suing Vogue , because Vogue has an agreement with the website Moda Operandi to link from Vogue to Moda if anyone wants to purchase the designer clothes featured in Vogue online stories. In one way, it's a replay of the Stewart v.

Advertising 64

Advertising Advertising Designs Design 64

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

43(B)log

OCTOBER 4, 2021

False advertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” False designation of origin: Failed to state a passing off claim, but Dastar didn’t bar a reverse passing off claim.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

AUGUST 5, 2022

4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. LFI allegedly used the “concepts, designs and ideas” from GDI’s samples to launch a new line of products with a larger cosmetics company, Morphe. Insider Inc.

Advertising 59

Advertising Advertising False Advertising Contracts 59

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike.

Litigation 86

Litigation Contracts Advertising Advertising 86

IPilogue

JULY 15, 2021

Behind every costume is a designer whose vision and design breathes life into characters. But behind every designer, other figures may undercut and miscredit them. Disney’s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry.

Licensing 106

Licensing Contracts Designs Design 106

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 IPKat

JULY 14, 2023

The sign in question is perceived as a general advertising message indicating that consumers will be particularly satisfied with the services offered under the sign. In general, emojis can be registered as a trade mark, as a design or be protected under copyright caw. They are often associated with positive communication.

Contracts 52

Contracts Trademark Intellectual Property Law Intellectual Property 52

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

DECEMBER 19, 2022

Plaintiffs brought claims under California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act against Coinbase and Marden-Kane, Inc., a company hired by Coinbase to design, market, and execute the sweepstakes. Issues of contract formation may not be delegated to an arbitrator.

Contracts 59

Contracts False Advertising Advertising Advertising 59

TorrentFreak

OCTOBER 25, 2022

Warning of potential prosecutions for offenses under the Fraud Act 2006, Copyright Designs and Patents Act 1988, and even the Serious Crimes Act 2007, PIPCU suggests shutting down as an alternative. “This tender is being run by the Intellectual Property Office (IPO) and the contract will vest with and be paid for by the IPO. .

Intellectual Property 113

Intellectual Property Advertising Advertising Contracts 113

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Designed in US” can also work. Joseph Lewczak: FTC v. distribution of prizes if any.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

NOVEMBER 21, 2022

Judge Wood’s opinion concluded that the ad objectively did not communicate an offer due to its humor, so no contract ever formed and Leonard didn’t get his Harrier jet. Wood’s opinion is relatively dry, but it’s become a staple of the contracts law canon because of its fun facts and its precise analysis.

Contracts 108

Contracts Advertising Advertising Settlement 108

Technology & Marketing Law Blog

DECEMBER 18, 2021

” Plus: its decisions as to which apps are allowed to sell through the App Store is not an act that in itself causes harm the antitrust laws were designed to protect. Breach of Contract. Plaintiffs failed to make any allegation the Apple benefits from its rejection of apps or from suppression of apps in the search function.

Reporting 103

Reporting Law Contracts Advertising 103

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

IP Law 360

JUNE 27, 2022

Two developers have denied stealing software designs from their former employer for a winning bid for an advertising analysis contract, claiming they came up with the system independently and were contractually allowed to do so.

Contracts 40

Contracts Advertising Advertising Designs 40

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

Intepat

DECEMBER 4, 2023

If the trademark is approved during this stage, it is advertised in the Trade Marks Journal, serving the purpose of notifying the public about new applications and providing an opportunity for opposition in the case of identical or similar trademarks. Subsequently, an application, accompanied by the requisite fees, is filed.

Registration 52

Registration Trademark Contracts Advertising 52

IP Law 360

MAY 13, 2022

Two software developers are being sued by their former employer, which has accused them of stealing the designs behind a winning bid on an advertising analysis contract that the video advert manager had competed for.

Contracts 40

Contracts Advertising Advertising Designs 40

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 137

Contracts Publishing Law Government 137

43(B)log

FEBRUARY 4, 2022

False advertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”

False Advertising 83

False Advertising Advertising Advertising Designs 83

The TTABlog

JULY 31, 2023

Kenneth Thomas , Opposition No. August 3, 2023 - 1 PM: Mealpass, Inc. Mealpal, Inc. Cancellation No. 92077915 [Petition for cancellation of a registration of the mark MEALPASS for "online marketplace that offers a membership plan to select and purchase lunch from participating restaurants," on the ground of abandonment.] Opposition No. Serial Nos.

Contracts 52

Contracts Registration Designs Design 52

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

43(B)log

AUGUST 10, 2021

6, 2021) (R&R) Shenzhen sought a declaratory judgment that a design patent for a toy gnome figurine was unenforceable and invalid, given that defendant/counter-plaintiff Tatiana Mironova allegedly purchased its stuffed gnome toys, then switched manufacturers and obtained a patent for an identical ornamental design without authorization.

Advertising 59

Advertising Advertising Designs Design 59

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. Even if the new definition applied, the court questions if GMB was the one to “advertise and offer” the boat, as opposed to Chaves: it is Chaves who places the advertisement on GMB’s website.

Contracts 74

Contracts Advertising Advertising Privacy 74

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 77

Business Patent Invention Design Patent 77

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Brands 49

Indiana Intellectual Property Law

FEBRUARY 23, 2023

They also assigned their entire right, title and interest in any idea, invention, design of a useful article, computer program and related documentation, as well as any other work of authorship made or conceived by them that relate to the actual or anticipated business for or on behalf of MaddenCo or its subsidiaries.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 97

Contracts Registration Designs Design 97

43(B)log

JANUARY 13, 2022

The complaint alleged that, “Coinbase, based on in-depth, empirical data from a previous sweepstakes, knew that the wording, design, and presentation of their Dogecoin sweepstakes advertisements would cause most users never to see the information about the alternative ways to enter on the separate ‘rules and details’ webpage.”

Contracts 59

Contracts Advertising Advertising Government 59

43(B)log

NOVEMBER 27, 2023

MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. DNP advertises that it uses artificial intelligence” rather than “human knowledge.” But DNP isn’t actually licensed to practice law.

False Advertising 49

False Advertising Advertising Advertising Contracts 49

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Proximity to content that included hate speech resulted in some respondents reporting that the content made them like the advertiser less. Consumer Reviews * Route App, Inc. Strain, No.

Social Media 73

Social Media Privacy Advertising Advertising 73