IPilogue

JANUARY 19, 2022

The newer products developed by Google are using different technologies, and Google’s main cash cow, online advertising, remains intact. . A New York Times report anticipated that the impact of the ruling on Google’s business is likely to be limited.

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Patent Infringement Patent Technology Music 106

43(B)log

DECEMBER 15, 2023

Vericool didn’t help its claim by stating in its papers that “[t]o vigorously defend its patent, Vericool World had to bring this claim.” But “[t]he rights of a patentee or copyright holder are part of a ‘carefully crafted bargain,’ ” and for whatever reason, it didn’t bring a patent infringement claim. Zobmondo Ent.

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False Advertising Advertising Advertising Intellectual Property 45

Indiana Intellectual Property Law

OCTOBER 20, 2023

for alleged patent infringement of its fitness products in Bell’s sporting goods stores, including their Indianapolis, Indiana, Bells of Steel USA Showroom. According to the complaint, Rogue Fitness owns several design and utility patents for fitness equipment, including Patent No. Continue reading

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Patent Infringement Patent Advertising Advertising 52

Delaware Intellectual Property Litigation Blog

JANUARY 8, 2022

January 5, 2022), the Court granted Defendant Next Caller’s post-trial renewed motion for judgment as a matter of law of no false advertising under the Lanham Act and to take away the jury’s award of punitive damages. At the conclusion of the jury trial, the jury found Defendant liable for false advertising under the Lanham Act, 15 U.S.C.

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False Advertising Advertising Advertising Law 68

Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

False Advertising 101

False Advertising Invention Advertising Advertising 101

JD Supra Law

DECEMBER 22, 2022

Say your company wants to run a new advertising campaign that includes a QR code for people to scan for additional information about your products or services. You launch your advertising campaign hoping for an increase in business – but the next thing you know, you are being sued for patent infringement in federal court.

Advertising 52

Advertising Advertising Patent Patent Infringement 52

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. 5,572,801 and 6,069,279.

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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.

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False Advertising Advertising Advertising Designs 59

43(B)log

MARCH 18, 2022

15, 2022) Eyenavision sued EnChroma, the assignee of a patent (the ‘286 Patent) related to optical filters for lenses intended to assist individuals who suffer from color vision deficiency (CVD), aka colorblindness, to differentiate between colors. The same allegations also sufficed for Lanham Act false advertising.

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False Advertising Patent Advertising Advertising 72

LexBlog IP

DECEMBER 21, 2022

Say your company wants to run a new advertising campaign that includes a QR code for people to scan for additional information about your products or services. You launch your advertising campaign hoping for an increase in business – but the next thing you know, you are being sued for patent infringement in federal court.

Patent 52

Patent Advertising Advertising Intellectual Property Law 52

43(B)log

SEPTEMBER 14, 2021

They’re fighting over cross-allegations of patent infringement, violation of state deceptive trade practices acts, and violations of the Lanham Act. I’m only addressing ICON’s counterclaims for false advertising, not the patent part of the ruling. We make a tablet computer better than apple. These claims did survive.

Music 59

Music False Advertising Advertising Advertising 59

The IPKat

NOVEMBER 29, 2021

SpicyIP brought a guest post from Payal Saraogi on a recent decision of the Delhi High Court on Google’s use of trade marks as advertisement keywords. Patents Kluwer Patent Blog reported on a recent Danish High Court (Eastern Division) on a long running patent infringement case.

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Blogging IP Contracts Reporting 76

IIPRD

MARCH 4, 2024

For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. Infringement related to patents are usually seen in the pharmaceutical industry, as most of the inventions takes place in that sector.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

43(B)log

OCTOBER 29, 2021

11, 2021) A rare bankruptcy/false advertising interaction. million, including the judgment, post-judgment interest, and projected damages from BTL’s alleged continuing infringement of its patent. Of relevance here, Everlog argued that the false advertising damages were nondischargeable in bankruptcy.

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False Advertising Advertising Advertising Litigation 72

IP Watchdog

NOVEMBER 15, 2021

Technology, a company owned by Martin David Hoyle, developer of internet advertising technology who has been embroiled in litigation with big tech companies like Facebook, Twitter and Google for close to a decade now, today filed a petition for writ of mandamus with the U.S. Court of Appeals for the Federal Circuit (CAFC).

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Technology Advertising Advertising Litigation 124

Patently-O

DECEMBER 7, 2023

The Federal Circuit largely rejected this argument — holding that filing the ANDA in this situation cannot constitute infringement under Hatch-Waxman. The Patent Act does define a form of patent infringement that consists of filing an ANDA with the FDA seeking to manufacture a drug covered by someone else’s patent.

Patent 125

Patent Advertising Advertising Patent Infringement 125

LexBlog IP

MARCH 17, 2024

Defendant Diamond Distribution then sued Crocs for defamation, false advertising, and related state torts. ” … The Court’s judgment did not rule on the validity of Crocs’ patent rights or find that Double Diamond was liable for patent infringement. Crocs moved to dismiss.

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Indiana Intellectual Property Law

DECEMBER 23, 2022

Therefore, Plaintiff is seeking damages for Direct Patent Infringement in violation of 35 U.S. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a).

Trademark 52

Trademark False Advertising Patent Registration 52

IP Tech Blog

JANUARY 10, 2022

Most Section 337 investigations address issues of patent infringement, but Section 337 investigations can also address infringement of other statutory intellectual property (trademarks, copyrights, etc.) In comparison to litigating in U.S. In comparison to litigating in U.S.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

43(B)log

FEBRUARY 4, 2022

The parties compete to provide anti-spoofing and caller-authentication solutions for companies; TrustID has several relevant patents. It sued NC for patent infringement; the jury found the asserted claims valid but not infringed.

Advertising 45

Advertising Advertising Patent Infringement Patent 45

43(B)log

AUGUST 31, 2021

The accused ads were clearly for goods, not services, let alone services “qualitatively different” from anything necessarily done in connection with selling the KICKR products. But POWERbahn further argued that the algorithms weren’t new and didn’t originate with the KICKR product. Those statements were falsifiable.

Technology 59

Technology False Advertising Invention Patent Infringement 59

LexBlog IP

JANUARY 10, 2022

Most Section 337 investigations address issues of patent infringement, but Section 337 investigations can also address infringement of other statutory intellectual property (trademarks, copyrights, etc.) In comparison to litigating in U.S. In comparison to litigating in U.S.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

Delaware Intellectual Property Litigation Blog

MAY 29, 2021

In doing so, among other things, the Court concluded that Peleton’s statements describing itself in its advertisements as an “innovator” and “hardcore technology company” are non-actionable puffery under the Lanham Act. A copy of the Memorandum Opinion is attached.

Advertising 56

Advertising Advertising Copying Technology 56

Patently-O

NOVEMBER 21, 2022

However, instead of barring Sunset from selling its competing products, it prohibited Sunset marketing or advertising its filter in any bare form. And, because the complaint includes patent infringement claims, the appeal was directed to the Federal Circuit. is a Sunset brand filter.”

Designs 73

Designs Design Registration Trademark 73

Patently-O

DECEMBER 6, 2021

AudioEye sued accessiBe for patent infringement (US10423709, et al.) as well as claims under the Lanham Act (false advertisement & product disparagement) and under New York State Law (product disparagement, tortious interference, etc). 2021.10.29 56 Public Version – Memorandum Opinion ].

False Advertising 76

False Advertising Patent Infringement Patent Advertising 76

The IP Law Blog

MARCH 5, 2021

Xerox ran an advertising campaign “You can’t Xerox a Xerox on a Xerox. Mad Dogg has already called Peloton’s petition meritless and accuses Peloton of filing the petitions in retaliation for Mad Dogg’s patent infringement lawsuit it filed against Peloton in December 2020.

Trademark 85

Trademark Branding Brands Branding 85

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

On January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer. However, Amazon said that the case was about stopping shoppers in the UK/EU from seeing BHFP products, and Mr.

Trademark 59

Trademark Intellectual Property Branding Brands 59

Patently-O

OCTOBER 1, 2022

MPS continually maintain a physical presence within WDTX, including by advertising for replacement employees should any of MPS’s existing WDTX employees leave the company or move to a new location. ” Judge Lourie raised the particular concern that changing work environments (i.e.,

Patent 64

Patent Business Advertising Advertising 64

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

On January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer. However, Amazon said that the case was about stopping shoppers in the UK/EU from seeing BHFP products, and Mr.

Trademark 52

Trademark Intellectual Property Branding Brands 52

IP Tech Blog

DECEMBER 20, 2023

The Court rejected the second basis, noting that the allegations of induced infringement “relied solely on defendants’ proposed ANDA labels as the inducing conduct” — with no evidence of advertising or promotional materials that might otherwise support allegations of induced infringement.

Patent 62

Patent Litigation Marketing Marketing 62

Kashishipr

OCTOBER 13, 2021

Productive Timeline : The filing of a provisional application gives the inventor an early filing date under which he has one entire year to contribute towards the development of the product, including its marketing, advertising, securing capital from investors, etc.

Patent Application 105

Patent Application Patent Inventor Invention 105

The IPKat

JANUARY 2, 2022

The well-known company was sued in a California federal court last year for using photos Schroeder took of Sumida posing next to a Volvo S60 as part of a "global advertising campaign" on Instagram without her permission. The Fashion Law reports on a copyright dispute between Volvo and photographer Jack Schroeder and model Britni Sumida.

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

43(B)log

MARCH 3, 2023

TRUSTID lost both patent infringement and Lanham Act false advertising claims. TRUSTID advertised that use of the Authenticator could lead to a 5–10 percent improvement in IVR containment rates, a measure of callers who can have their issues resolved by the automated system without having to speak to a live agent.”

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False Advertising Advertising Advertising Patent Infringement 59

The IP Law Blog

OCTOBER 27, 2022

Plaintiff then moved to dismiss Defendant’s four newly added counterclaims in the FAC under Federal Rule of Civil Procedure 15 on grounds that Defendant failed to obtain Plaintiff’s consent or leave of court to file its FAC.

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False Advertising Patent Advertising Advertising 98

The IP Law Blog

JANUARY 18, 2024

For example, a trade secret can be a manufacturing process, recipe, distribution method for products, research and development information, software algorithm, list of ingredients, list of suppliers, list of customers, pricing strategy, business plan, or advertising strategy. in connection with an internal commercial use.” See 35 U.S.C. §

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Confidentiality Invention Business Artistic Work 113

More Than Your Mark

FEBRUARY 11, 2019

It is illegal to sell drugs with advertised medical claims that are not FDA approved. A paragraph IV certification by the ANDA applicant triggers the Hatch-Waxman Act’s statutory scheme for resolving patent disputes involving a complicated approval window. Regulatory Exclusivity. Biosimilars.

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IP Marketing Marketing Invention 52

Technology & Marketing Law Blog

JULY 3, 2021

Amazon’s possession of the items doesn’t change the analysis; “none of Amazon’s upstream actions—such as web hosting, advertising, marketing, warehousing, payment processing, and shipping—constituted a sale under Texas law.” eBay Isn’t Liable for Patent-Infringing Marketplace Sales–Blazer v.

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Blogging Marketing Marketing Law 67