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. published an article about LFI’s collaboration with Morphe; LFI’s statements therein are the subject of Lanham Act claims. Insider Inc.

Advertising 59

Advertising Advertising False Advertising Contracts 59

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

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

LexBlog IP

FEBRUARY 2, 2023

Yesterday, 01 February 2023, the Commission published guidance on how online platforms and search engines within the scope of the Digital Services Act ( DSA ) should comply with their obligation to report user numbers in the EU. The guidance also clarifies that providers are not required to notify the published numbers to the Commission.

Publishing 52

Publishing Contracts Technology Designs 52

Canadian Intellectual Property Blog

JUNE 15, 2021

Industrial designs (“ID”) protect a product’s unique appearance such as shape, configuration, pattern and/or ornamental features. The protection can be obtained for the design of the entire finished article or just a part of it. These types of considerations are protectable through patents or trade secrets. Notably, an applicant (i.e.,

Designs 52

Designs Design Intellectual Property Registration 52

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.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

Technology & Marketing Law Blog

MAY 19, 2023

The court does find 230 applies to the negligent matching claim: “the service that Defendant provides is twofold: both matching and publishing. Seeking to hold an interactive computer service provider liable for publishing information provided by a user of the product falls directly into § 230’s ambit.” ” __ FTC v.

Social Media 127

Social Media Advertising Advertising Designs 127

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.” For the copyright claim, Outlaw didn’t show irreparable harm.

Advertising 64

Advertising Advertising False Advertising Copyright 64

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

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

FEBRUARY 9, 2022

She publishes photos of her products on eBay, and has registered some copyrights in the photos. In August 2020, Krikor discovered that Sports Mall had posted at least six of her photographs on its website and advertised the depicted items for sale on its site…. Sports Mall operates its own website. Query: are there actual damages?

False Advertising 59

False Advertising Advertising Advertising Copyright 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

Technology & Marketing Law Blog

JUNE 5, 2023

. “there is no doubt that the complaint treats Google as the publisher or speaker of information… the plaintiff’s causes of action against Google rest solely on the theory that Google did not block a third-party advertisement for publication on its search pages. ” The ad came from a third-party.

False Advertising 59

False Advertising Advertising Advertising Publishing 59

43(B)log

AUGUST 11, 2021

ICC publishes revised I-Codes every three years, and it also publishes custom codes that reflect versions of the codes as adopted by states and local governments (the “Custom Codes”). UpCodes, Inc., 2021 WL 1236106, Nos. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. The court granted UpCodes’ motion for summary judgment. That’s costly.

False Advertising 83

False Advertising Copying Advertising Advertising 83

Olartemoure Blog

SEPTEMBER 23, 2022

On September 8, 2022, the Mexican Government published the amendment to the Labeling Standard for food and non-alcoholic beverages (NOM). The changes raise the burdens in relation to the labeling and advertising of products with excess critical nutrients. 09/22/22 – Industrial Designs. Original source in Spanish.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! This judgment of infringement comes nearly one year to the day after Crocs filed lawsuits against 21 companies alleging infringement of its registered trademark rights in its clog designs. …

False Advertising 59

False Advertising Advertising Advertising Branding 59

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. seriously, are you still posting THERE???)

Law 103

Law Social Media Advertising Advertising 103

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 231

Social Media Advertising Advertising Technology 231

Technology & Marketing Law Blog

MARCH 5, 2024

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. RageOn * CreateSpace Isn’t Liable for Publishing Allegedly Infringing Uploaded Book–King v. Cite to Ohio State v.

Artwork 98

Artwork Trademark Publishing Marketing 98

Olartemoure Blog

APRIL 14, 2023

The photograph in question features Shayk wearing sweatpants designed by the brand Deadly Doll, which is protected by copyright. The trademark claimed that it had the rights over the photograph and published it on its social media as advertising , without the authorization of the author.

Branding 52

Branding Brands Branding Derivative Work 52

TorrentFreak

JANUARY 19, 2024

We gave the news a brief mention at the time but since MPA/ACE have certain procedures to follow, the official announcement was published yesterday. 2) Responsive Design with VIP membership system. Among them were uhuseries.com, owlserieshd.com, and ahaseries.com, relatively popular streaming platforms targeting the Thai market.

Advertising 89

Advertising Advertising Intellectual Property Editing 89

43(B)log

APRIL 17, 2023

Ariix alleged that NutriSearch, the publisher of the NutriSearch Comparative Guide to Nutritional Supplements, and the Guide’s author MacWilliam were directly funded by Ariix’s competitor, Usana, so that Usana could achieve the Guide’s number-one rating for nutritional supplements. Ariix, LLC v. Nutrisearch Corp., 2023 WL 2933306, No.

Advertising 52

Advertising Advertising Editing Litigation 52

TorrentFreak

FEBRUARY 24, 2023

Publishers and authors could only watch as their work fueled a huge but unlicensed black market. The problem for manga creators and publishers today is that pirates offer their copyrighted content for free in the same global market. Publishers Seek Help From U.S. It’s complex and messy, almost certainly by design.

Publishing 119

Publishing Advertising Advertising Music 119

IPilogue

JANUARY 21, 2022

It is accepted that the copyright (or the “exclusive legal right to produce, reproduce, publish or perform”) to the source code, maps, sound effects, and characters of a game is held by the game publisher. Interestingly, Riot Games—the publisher who owned the copyright to the game—was not involved in the dispute at the time.

Publishing 110

Publishing Intellectual Property IP Licensing 110

Technology & Marketing Law Blog

OCTOBER 9, 2023

The court’s single-minded determination to find a valid discrimination claim under these conditions casts a long and troubling shadow over the online advertising industry. Advertisers don’t have to advertise to consumers who aren’t likely to be interested in products not meant for them.

Law 87

Law Advertising Advertising Marketing 87

BYU Copyright Blog

JULY 3, 2023

DBA THE DWIGHT SCHOOL (“NYPSI”) for copyright infringement.Libera is the owner of Libera Design and is a professional photographer, he specializes in tourism advertising as well as motion-controlled-time lapse. Libera’s work “was and is widely published worldwide” and “used on TV and in advertising.”

Settlement 52

Settlement Copyright Advertising Advertising 52

Technology & Marketing Law Blog

MARCH 6, 2024

And although Plaintiff also alleged Defendants marketed, advertised, and sold merchandise bearing his copyrighted illustrations. Judge Morris correctly concluded that “Rule 8 requires more”—Plaintiff did not, for example, allege that Defendants “design[ed], manufacture[d] or even select[ed] the products on their website.”

Copyright 100

Copyright Trademark Law Publishing Copyright Infringement 100

Technology & Marketing Law Blog

JANUARY 19, 2023

” Publisher/Speaker Claims. Despite the rhetorical moves to position the lawsuit about the defendants’ design choices, this is actually an easy case. .” Both apps allegedly were not responsive enough to complaints or unmasking requests, including not following their own purported policies. ICS Provider.

False Advertising 87

False Advertising Social Media Publishing Advertising 87

LexBlog IP

AUGUST 23, 2023

Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) in a pair of precedential decisions published this summer. 1 Is a Building “Product Packaging” or “Product Design” Trade Dress? 1 Is a Building “Product Packaging” or “Product Design” Trade Dress?

Designs 52

Designs Design Advertising Advertising 52

Intellectual Property Law Blog

MARCH 1, 2023

The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. The following is some recent FTC guidance to consider when referencing AI in your advertising. It has issued AI-related guidance in the past.

Social Media 246

Social Media Advertising Advertising Technology 246

The IPKat

SEPTEMBER 27, 2023

Earlier, before the movie started, you watched an advertisement for a soft drink, presented by none other than Marilyn Monroe and James Dean. Protection is against unauthorized commercial use, such as in advertising. Møller in a commercial 22 years after his death without permission (decision published in UfR 1990.65/2

Personality Rights 129

Personality Rights Advertising Advertising Publishing 129

Technology & Marketing Law Blog

JUNE 26, 2023

The (unnecessarily confusing) majority opinion suggested several exclusions to Section 230’s immunity, including these statements: “If you don’t encourage illegal content, or design your website to require users to input illegal content , you will be immune.” ” Uh oh.

Advertising 98

Advertising Advertising Marketing Marketing 98

43(B)log

SEPTEMBER 7, 2021

has offered design and marketing services under the name “Uber” since 1999. And Defendants began saying that they planned to expand into the display-advertising business: putting ads on a vehicle’s digital signage, a rider’s mobile app, and on digital screens like electronic billboards. Uber Technol., 20-cv-2320 (PKC) (S.D.N.Y.

Graphic Design 59

Graphic Design Advertising Advertising Technology 59

Technology & Marketing Law Blog

JANUARY 30, 2024

” In support of Printify’s position, the court summarizes: Printify does not design the products, does not manufacture or print the products, and does not ship the products. Sunfrog decision: there is no evidence in this record that Printify engages in any advertising or trains or encourages anyone to use infringing designs.

Publishing 76

Publishing Trademark Designs Design 76

The IPKat

OCTOBER 16, 2023

In the background, the bottle design was displayed (see pictures below). Tesla submitted inter alia: · Online articles from Danish and Irish websites, which concerned Tesla’s plans to build the Gigafactory near Berlin and which were all published prior to the application date of Juicyphant’s trade mark.

Art 78

Art Registration Social Media Publishing 78

SpicyIP

OCTOBER 27, 2023

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. False advertising and misleading representations: Dark patterns often involve misleading representations about products, services, or offers.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

SpicyIP

JANUARY 23, 2022

I have also recently published a book on Patent Law and Practice that is useful for exam takers. Note: SpicyIP is a participant in the Amazon Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.in.

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105