LexBlog IP

AUGUST 31, 2021

. – a leading furniture brand and purveyor of the iconic Eames Chair Design – suffered a loss at US Trademark Trial and Appeal Board (TTAB) in its bid to protect as “trade dress” the design of the chair. The case involves a well-known chair design dating from the 1940’s, by designers Ray and Charles Eames.

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SpicyIP

SEPTEMBER 4, 2023

Image by Freepik Just a day after conducting the Preliminary exams for the recruitment of the Patent and Design Examiners, the Quality Control Council of India (QCI) on September 4, announced that the same has been cancelled due to “some irregularities/ technical glitches.”

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Trademark and Copyright Law Blog

OCTOBER 17, 2022

Matters relating to copyright, trademark and advertising law give rise to some special ethical considerations. In this 60-minute webinar, designed for in-house counsel, we discussed how to identify and address ethical issues to guard against potentially irreversible consequences. Ethical duties are paramount in any legal practice.

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43(B)log

JULY 19, 2023

17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., 19-662-CFC, 2023 WL 4561059 (D. Natera made superiority claims for its Prospera.

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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.

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IPilogue

FEBRUARY 14, 2022

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. Despite these advantages, comparative advertising is a dangerous field to navigate from a legal perspective. Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. .

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43(B)log

FEBRUARY 26, 2024

23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions on gun sales. came in the midst of other advertising language, such as “Various colors available,” and “no RED TAPE. Arm or Ally, LLC, 2024 WL 756474, No. 22-CV-6124 (JMF) (S.D.N.Y.

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LexBlog IP

MAY 31, 2023

Digital advertising exists in a complex ecosystem that the average person engages with daily. It encompasses a broad set of technologies for managing advertisements across channels including search, display, video, mobile, and social, with functions for targeting, design, bid management, analytics, optimization, and automation.

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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.

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The TTABlog

JANUARY 17, 2024

California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. There is no way to determine the extent to which, or even if, consumers of banking services associate the Ring Design alone with Petitioner." It included evidence regarding use of that mark with the bank name.

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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.

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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”).

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43(B)log

JANUARY 13, 2023

11, 2023) Plaintiff alleged that defendant MGD advertises and sells milk that is one hundred percent from cows outside of Hawai‘i. Plaintiffs’ claims sought to hold the dairy farmers directly or contributorily liable under the Lanham Act, and alleged unfair competition/false advertising/deceptive trade practices under Hawaii law.

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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. Recall notice: Eli Lilly & Co. Roussel Corp., 2d 460 (D.N.J.

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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.

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IP Law 360

SEPTEMBER 6, 2023

Amazon launched a pair of lawsuits Wednesday in Seattle federal court against social media influencers, accusing the two women of using their profiles to advertise knockoff luxury brand products as part of a scheme with third-party counterfeit sellers.

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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.,

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43(B)log

SEPTEMBER 28, 2021

14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes are made from, as “patented,” “proprietary,” and “exclusive.” Effervescent, Inc., 2021 WL 4170997, No. 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D.

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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.

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43(B)log

AUGUST 9, 2021

Here, plaintiffs alleged that TFL and Nelson had actual knowledge: they knew how the fraudulent scheme worked, that they were shipping products sold using deceptive and unfair advertising, that the ads and websites were false and misleading, and the nature of the tortious conduct being committed by Beyond Global and Doe defendants.

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43(B)log

JUNE 9, 2021

Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising , 106 Iowa L. 1841 (2021) From the introduction: Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even helpful to competition. This contradiction, though, is acute.

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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.

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43(B)log

AUGUST 5, 2022

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. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad? Insider Inc.

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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.

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43(B)log

OCTOBER 29, 2021

27, 2021) Ideavillage sued CCB for trademark infringement and false designation of origin related to Ideavillage’s “Copper Fit” line of copper-infused compression garments. Here, the court granted leave to amend to add a false advertising claim. Copper Compression Brands LLC, 2021 WL 5013799, No. 4604 (KPF) (S.D.N.Y.

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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. text: ‘Advertisements’, }, creative: {.

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IP Law 360

APRIL 12, 2024

A panel of the Tenth Circuit unanimously ruled Friday there's nothing legally problematic with foreign-made components being used in products advertised as "American-made," upholding a construction equipment maker's summary judgment win over its competitors' claims of false advertising, false designation of origin and copyright infringement.

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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.”

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The TTABlog

SEPTEMBER 2, 2021

Opposer's sales, advertising, and media coverage led the Board to conclude that Lacoste's alligator design marks are "'renowned' in the clothing market, and, at the very least, commercially quite strong." Moreover, the alligator design is larger that the wording in applicant's mark. Lacoste Alligator S.A.

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LexBlog IP

JULY 5, 2023

On 28 June 2023, Coimisiún na Meán ( CnaM ) launched a consultation on the designation of video-sharing platform services ( VSPSs ) under the Online Safety and Media Regulation Act 2022 (the OSMR ), amending the Broadcasting Act 2009. It also requires Member States to ensure that VSPSs comply with advertising standards.

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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). Others comment, either positively or negatively, that the law appears to target businesses based outside of the state that provide digital advertising services within the state.

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LexBlog IP

APRIL 5, 2023

There has been quite a bit of debate around the registrability of GUIs under industrial design law in India. While the Designs Act, 2002, recognised protection for GUIs, the Indian Patents Office has been reluctant to grant registration to GUIs. Vs. The Controller of Patents and Designs and Anr. [1]

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IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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43(B)log

MARCH 9, 2022

False designation of origin/false advertising: Lasoff v. And it dismissed false advertising claims as “duplicative of his infringement claim.” But the false designation of origin claim wasn’t dismissed because the court didn’t think Amazon addressed it (I don’t see why—how could it differ from trademark infringement here?).

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Patently-O

MARCH 11, 2024

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.” Claims 15-17 of the ‘443 patent recite a method for providing advertisements related to search result items. Patent Nos.

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LexBlog IP

MAY 2, 2023

Last week , the European Commission (the Commission ) adopted the first designation decisions under the Digital Services Act ( DSA ) which designated certain services as Very Large Online Platforms ( VLOPs ) and / or Very Large Online Search Engines ( VLOSEs ) in accordance with Article 33(4) of the DSA.

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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.

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