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influencers aren't advertisers' agents, materiality can be common sense, & more in supplement case

43(B)log

Both parties get partial wins/losses on summary judgment. But the FDA doesn’t regulate me, so I am free to tell you that the scientific evidence is growing that NR supplements replenish cellular NAD, which can protect against MANY ailments, including [broad list of serious conditions] and in my own experience, Restless Legs Syndrome (RLS).

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SpicyIP Weekly Review (March 6- March 11)

SpicyIP

Highlights of the Week Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with its own Biological Diversity Act, 2002. Microsoft v.

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TMSR Session 3: Private Actors…and their Machines

43(B)log

When things are happening en masse at a business, just as in the TM system, w/o individualized attention and with a different agenda than the law’s, you can see the law’s protective features be minimized. We like how they sort us/how we get to identify with them? How much of that is cultural? Human desire for TMs?

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“Pink Perfection: The Trademarking Of Barbie’s Signature Hue”

IP and Legal Filings

Barbie, a name synonymous with an unattainable standard of femininity and the concept of commercial feminism, was designed to captivate the toy market with all its glittery pink magnificence. The resulting work of art is protected by copyright, which is held by the creator.

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SpicyIP Weekly Review (March 4-March 10)

SpicyIP

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. The Patent Act: Catch 22 Does the Patent Act prevail over the Competition Act?

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Intent-to-Use Trademark Application: Comprehensive Guide

LexBlog IP

Retroactive Protection from the Date of Filing. How Do I Submit Proof for my Intent-to-Use Trademark Application? If you begin an application with the United States Patent and Trademark Office (USPTO)’s TEAS System, you will encounter the following: “1(a) – Actually using the mark in commerce now”. “1(b) Home » Blog. Conclusion.

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[Guest post] Retromark Volume X: the last six months in trade marks

The IPKat

The EUIPO Opposition Division rejected the opposition because the signs were not similar, it was not permissible to perform a 90-degree rotation “ because figurative marks are not protected – as word marks – in all different typefaces and positions. That’s roughly 30 in dog years and closer to mid-30s in cat years ( apparently ).