43(B)log

JANUARY 13, 2023

Wolf Designs LLC v. Five 18 Designs LLC, F.Supp.3d 18, 2022) Wolf designs and installs “vehicle wraps,” large vinyl graphics or decals applied to car bodies. Copyright: Three of Wolf’s customers allegedly opted to hire Five 18 to install vehicle wraps featuring designs Wolf owned. But what about false advertising?

False Advertising 72

False Advertising Advertising Advertising Registration 72

43(B)log

FEBRUARY 3, 2024

Christine Haight Farley: connecting to Katyal’s paper: “Indian man” design code. There is a design code for marijuana leaves; you just can’t get a cannabis ID. Christine Haight Farley, Design Authenticity Book project, still shaping up. Nelson was second design director of Herman Miller Co. but helpful to research.

Designs 59

Designs Design Law Design Patent 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” I’ll focus on the false designation of origin claim regarding Troia’s keyword ads. Also, there should not be a “use in commerce” when the advertiser (here, Troia) doesn’t actually offer any goods or services in the marketplace. The court displays some of the ads: Use in Commerce.

False Advertising 98

False Advertising Advertising Advertising Trademark 98

The TTABlog

DECEMBER 13, 2022

District Court for the Eastern District of Virginia upheld the TTAB's decision [ TTABlogged here ] affirming a refusal to register certain features of Timberland's boot design on the ground that the proposed mark for "footwear, namely, lace-up boots" lacked acquired distinctiveness.

Designs 96

Designs Design Advertising Advertising 96

43(B)log

SEPTEMBER 20, 2021

3, 2021) The parties compete in the market for custom landscape design services. “[I]n Along with copyright claims, McCleese asserted Lanham Act false advertising claims. McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D. The parties disagree about how and whether they were authorized to do so.

Copying 64

Copying False Advertising Social Media Advertising 64

IP and Legal Filings

JULY 8, 2022

Industrial Design in Oman. Industrial drawing and design consist of the ornamental or aesthetic aspects of an article, and can include three-dimensional features, such as the shape of an article, or two-dimensional features, such as pattern, lines, or colour. Deed of assignment if the applicant is not the designer.

Registration 68

Registration Designs Design Copying 68

43(B)log

AUGUST 9, 2021

2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers to terminate their agreements with the Debtors by telling them that bankruptcy risked impairment of their service.

False Advertising 119

False Advertising Advertising Advertising Law 119

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.,

Advertising 108

Advertising Advertising Contracts Social Media 108

43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. It argued that defendants copied, but didn’t identify a particular word, name, or symbol, or combination thereof, within the highlighted paragraphs, as the alleged trademark(s). commerce.”

False Advertising 59

False Advertising Advertising Advertising Contracts 59

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. Industrial Design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 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 63

False Advertising Advertising Advertising Marketing 63

43(B)log

DECEMBER 18, 2023

15, 2023) Simpson sued its competitor MiTek for using Simpson part numbers for structural connectors/fasteners for use in the construction industry in its catalogs/other promotional material; the court here, after a nonjury trial before the magistrate judge, rather comprehensively rejects its false advertising, trademark, and copyright claims. (It

False Advertising 64

False Advertising Advertising Advertising Copyright 64

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

43(B)log

DECEMBER 1, 2022

OSD Audio then sued Outlaw under §512(f), and Outlaw counterclaimed for false advertising and unfair competition under the Lanham Act, copyright infringement, and trade libel. Lanham Act: The user manual did not constitute “commercial advertising or promotion.” Thus, Outlaw showed likely success on the merits of this claim.

Advertising 64

Advertising Advertising False Advertising Copyright 64

43(B)log

JANUARY 27, 2023

24, 2023) WS sued Wayfair, alleging patent infringement, Lanham Act false advertising, Massachusetts and California statutory unfair competition and Massachusetts false advertising based on alleged copying of West Elm products. Wayfair moved to dismiss the false advertising and unfair competition claims.

False Advertising 59

False Advertising Advertising Advertising Designs 59

The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design.

Designs 52

Designs Design Design Patent Advertising 52

43(B)log

APRIL 29, 2024

In brief: Meishe argued that Tiktok copied its code via an employee who departed. False advertising: Meishe pointed to statements defendants made in their copyright notice at tiktok.com, in the ByteDance Code of Conduct, in TikTok’s Intellectual Property Policy, and in TikTok’s terms of service. Beijing Meishe Network Technology Co.

False Advertising 59

False Advertising Intellectual Property Copyright Notice Advertising 59

Indiana Intellectual Property Law

OCTOBER 20, 2023

According to the complaint, Rogue Fitness owns several design and utility patents for fitness equipment, including Patent No. In the suit, the Plaintiff alleges that the Defendant has been purposely advertising, marketing, selling, manufacturing, and distributing products that are infringing on Rogue’s lawfully held patents.

Patent Infringement 52

Patent Infringement Patent Advertising Advertising 52

LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

IP 52

IP Designs Design Copying 52

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below).

Design Patent 89

Design Patent Advertising Advertising Designs 89

43(B)log

AUGUST 26, 2021

5, 2021) The plaintiff benefits from very generous treatment of its false designation and copyright claims, in the process stripping false designation of anything other than a prohibition on copying/vitiating both Wal-Mart and Dastar. 2021 WL 1253803, No. 20-cv-06957-VKD (N.D. The court agreed!

Designs 64

Designs Design Copying Copyright Infringement 64

Plagiarism Today

MAY 23, 2022

The ad, which was produced by the London-based advertising agency M&C Saatchi, featured prominent Hong Kong actor and musician Andy Lau Tak-wah as he delivered a monologue about Xiaoman, the eighth solar term and second solar term of summer on the traditional Chinese calendar. Audi has also removed the video.

Plagiarism 238

Plagiarism Copying Social Media Technology 238

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

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

Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

Copyright 78

Copyright Fair Use Social Media Artwork 78

43(B)log

MARCH 6, 2024

1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, as well as related claims under the New York GBL and New York common law. The court dismissed the complaint—the false advertising claims with prejudice.

False Advertising 59

False Advertising Advertising Advertising Reporting 59

The TTABlog

MARCH 20, 2023

referred to as the "Ridge Designs"). Discovery Sanctions: The Board made certain adverse inferences against Respondent ERB for failure to comply with a Board order compelling interrogatory answers, including inferences that Respondent ERB did not conduct any look-for advertising and did not conduct any survey to show acquired distinctiveness.

Registration 68

Registration Advertising Advertising Designs 68

LexBlog IP

DECEMBER 26, 2023

Their terms say I own full commercial (note they don’t say “exclusive”) rights to it and can apply for trademark registration for it (through the, naturally, even though they aren’t lawyers and will just copy whatever you provide them into the application and submit it whether it’s appropriate or not).

Designs 52

Designs Design Trademark Copyright 52

IP Law 360

DECEMBER 17, 2021

Luxury jewelry company David Yurman on Friday accused the predominantly internet-based retailer Mejuri of copying its designs and trying to "freeride" off its reputation and advertising.

Branding 52

Branding Brands Branding Advertising 52

LexBlog IP

APRIL 6, 2023

The Supreme Court of the United States has held that product designs themselves can never be inherently distinctive as indicators of source, and accordingly can only be properly registered as a mark upon a showing of acquired distinctiveness.

Registration 52

Registration Trademark Advertising Advertising 52

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

The TTABlog

AUGUST 10, 2023

Furthermore, its advertising showing pictures of the product did not inform consumers that the product design is a source indicator. Exhart's advertising refers to the product as "WindyWings," and the surrounding context indicates that the product’s name/mark is “WindyWings.”

Advertising 52

Advertising Advertising Registration Designs 52

TorrentFreak

AUGUST 12, 2022

Microsoft’s problem is that product activation keys can be ‘decoupled’ from the software they were meant to authorize and then reused to activate more copies of the software, in some cases more copies than the attached Microsoft license permits. Microsoft’s complaint can be found here (pdf).

Copying 104

Copying Licensing Marketing Marketing 104

The IP Law Blog

SEPTEMBER 22, 2022

Johnson Enterprises bought a copy of the P&P game, sent samples to a Chinese manufacturer, and began selling an almost identical version of P&P’s game that it called “Tailgating Pros White Connect 4” in October 2017. The Ninth Circuit first recognized that “proof of copying strongly supports an inference of secondary meaning.”

Copying 98

Copying Marketing Marketing Advertising 98

The IPKat

NOVEMBER 22, 2022

On the occasion of the opening of a new store in NY, the well-known clothing brand created a collection of NFTs based on digital copies of works of famous artists such as Miró, Tàpies and Barceló, incorporating various outfits of the collection available at the store, to be displayed in the Decentraland Metaverse, at the coordinates 16.78

Artistic Work 144

Artistic Work Artwork Public Domain Intellectual Property 144

Patently-O

AUGUST 13, 2021

The court relied upon additional facts not found in the question presented–noting that the document in question was distributed to hundreds of customers over a span of years and without any confidentiality restrictions; and that product advertisements were designed to attract persons of skill in the art. 869, 877 (Fed.

Confidentiality 91

Confidentiality Advertising Advertising Invention 91

The IPKat

MARCH 25, 2024

A geographical name is non-distinctive and descriptive if two conditions are established: (1) The name must be known to the relevant public as the designation of a place. (2) Hard copy and online articles mentioning the city of Compton did not show how well aware the relevant public was of the geographical name.

Music 107

Music Cinema Designs Design 107