JD Supra Law

JUNE 30, 2023

Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the application of the Rogers test in trademark infringement cases Jack Daniel's Properties Inc.

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The IPKat

AUGUST 8, 2022

But, for those who are yet to pick up a copy, here is what is in store: The EU legislature adopted Directive 2019/790 on Copyright in the Digital Single Market (DSM) in 2019. It was against this background that the proposal for a Directive on copyright in the Digital Single Market was made in 2016.

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LexBlog IP

SEPTEMBER 18, 2023

Dubai’s luxury real estate market has witnessed a remarkable boom, attracting investors and high-net-worth individuals from all corners of the world. In this article, we research the legal considerations that reinforce this prosperous luxury real estate sector in Dubai. Article 3 of Dubai Law No.

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TorrentFreak

FEBRUARY 18, 2022

In its yearly “Out-of-Cycle Review of Notorious Markets”, the United States Trade Representative (USTR) lists a few dozen websites said to be involved in piracy or counterfeiting. The music industry nominated several stream-rippers as notorious markets and FLVTO.biz, 2Conv.com, and MP3Juices.cc Music, Games, Books, and Science.

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Technology & Marketing Law Blog

MARCH 9, 2023

The post My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry appeared first on Technology & Marketing Law Blog. I will turn in my edit-ready version to the journal in a couple months, so I have time to incorporate comments. I would welcome yours.

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IP Intellectual Property Journalism Editing 104

IPilogue

JULY 29, 2022

Big-name celebrities like Halsey and Florence Welch of the indie rock band Florence and the Machine have taken to TikTok to discuss their discontent with the new marketing approach of creating viral TikTok audios as promotion. In a 1998 journal article by Raymond T. Its user base and viral power exploded during the COVID-19 pandemic.

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The IPKat

DECEMBER 13, 2021

A new referral to the CJEU from the Finish Market Court seeks clarification on the interpretation of Article 3(c) of the SPC Regulation with respect to combination products. Are combination products ruled out from SPC protection under Article 3(d)? Article 3 of the SPC Regulation is provided below (*) for reference.

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The IPKat

MARCH 1, 2023

This Kat was recently made aware that there will soon be another referral t o the Court of Justice of the European Union (‘CJEU’) on Article 3(c) of the Regulation concerning the supplementary protection certificate (‘SPC Regulation’). The Patent and Market Court of Appeal again dismissed the appeal. 7, first para). 7, last para – p.

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Intellectual Property Marketing Marketing Patent 62

WIPO Magazine

DECEMBER 9, 2021

Eleonora Rosati, author of Copyright in the Digital Single Market, offers a taster of her article-by-article commentary of the the EU Digital Single Market Directive, which seeks to make EU copyright fit for the digital single market.

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Marketing Marketing Copyright 59

The IPKat

APRIL 23, 2022

Here's what Anna Maria and Lorenzo write: Parasitic advertising on UEFA Euro 2020: Italian Competition Authority imposes first sanction for ambush marketing by Anna Maria Stein and Lorenzo Maniaci Ambush Kat By its decision No. Since May 2020, ambush marketing has been regulated in a comprehensive manner in Italy by Law No.

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Technology & Marketing Law Blog

OCTOBER 19, 2022

The post My New Article Drops a Truth Bomb on Zauderer and Censorial Efforts to Mandate Editorial Transparency appeared first on Technology & Marketing Law Blog. If podcasts are your sort of thing, check out this podcast I did with Mike Masnick. It’s a great conversation that will get you up to speed.

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Technology & Marketing Law Blog

JANUARY 20, 2022

I’ve posted a draft of my latest article, “ The Constitutionality of Mandating Editorial Transparency ,” forthcoming in the Hastings Law Journal later this year. The article highlights two such laws, the Florida and Texas social media censorship laws, but the phenomenon is pervasive.

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Social Media Journalism Editing Publishing 59

Herbert Smith Freehills

SEPTEMBER 10, 2021

In particular, Article 6 contains three carbon pricing mechanisms, two of which are market-based (see below). Some businesses may experience a difference in the cost of their compliance with carbon market regimes, whilst other businesses may see their competitiveness affected by a harmonised carbon price. Under Article 6.2

Marketing 52

Marketing Marketing Business Designs 52

IPilogue

JUNE 3, 2022

This article was written as a requirement for Prof. This presents a concern with the growing posthumous market and the commercialization of personality rights and potentially, of individuals’ digital assets used to “revive” the dead. . Pina D’Agostino’s Directed Reading: IP Innovation Program course. Such technology is not novel.

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Marketing Marketing Personality Rights Intellectual Property Law 105

The IPKat

NOVEMBER 18, 2021

Kat friend Jan Jacobi reports on a recent case where only the intrepid dare tread—-trade mark exhaustion and market partitioning. In the context of European trade, proving trade mark exhaustion (within the meaning of article 15 of the Trade Mark Directive) can be challenging.

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Marketing Marketing Licensing Branding 124

JD Supra Law

APRIL 28, 2022

Thank you for reading the April 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. We also highlight a Law360 article about NFT suits and a win at this year's Managing IP Americas Awards. This month, we discuss two ongoing administrative legal challenges to the U.S. Drug Enforcement Administration's policies on cannabis.

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Marketing Marketing Trademark Law IP 52

JD Supra Law

MARCH 29, 2024

As the share of telehealth services increases, drawing interest away from traditional healthcare services models, startups and established companies alike are positioning themselves to take advantage of the growing market for technologies and products that enable non-lab-based diagnostics capable of being purchased. By: MoFo Life Sciences

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Marketing Marketing Technology 65

JD Supra Law

JANUARY 28, 2022

We’re excited to share the January 2022 issue of Sterne Kessler's MarkIt to Market® newsletter in a newly updated format. This month’s articles discuss the Pantone Color Institute's 2022 Color of the Year – including how brands can memorably link color to brand identity. Happy New Year!

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Marketing Marketing Branding Brands 52

Intellectual Property Law Blog

DECEMBER 15, 2023

Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. Issues Does Allgenesis have standing under Article III to seek review of the PTAB’s decision? Allgenesis Biotherapeutics Inc.

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Marketing Marketing Settlement Patent 162

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Latinfood won summary judgment on the claim under Article 7, whose sole remedy is to grant priority. Also, because Latinfood registered the Zenú mark in the U.S.,

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False Advertising Advertising Advertising Registration 59

43(B)log

NOVEMBER 28, 2022

Marketing, Sales Practices & Prods. The district court dismissed the operative complaint in this putative class action for lack of Article III standing. A senior marketing director allegedly “vetoed” this and another weight recommendation. In re Evenflo Company, Inc., 2022 WL 17174950, -- F.4th 22-1133 (1st Cir.

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43(B)log

AUGUST 7, 2023

2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” Although not all the purchased products appeared in the Chinese import registry, “in its marketing, Paul Mitchell doesn’t just advertise that it sells ‘cruelty-free’ goods.

Marketing 52

Marketing Marketing False Advertising Advertising 52

JD Supra Law

DECEMBER 1, 2023

Luckily, this article will bring our readers up to speed on all the recent trademark drama involving the NFL. However, these discussions were probably focused on the actual games—or maybe the love story between Taylor Swift and Travis Kelce—and not the recent efforts by NFL teams to secure and promote their trademark rights.

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Intellectual Property Marketing Marketing Trademark 75

43(B)log

OCTOBER 1, 2021

Whole Foods Market Service, Inc., Whole Foods began purchasing small quantities of basil from them and selling the product in Whole Foods Market stores in the San Diego area in 2007. Archi’s Acres, Inc. 2021 WL 424286, No. 19-CV-2478 JLS (MSB) (S.D. 8, 2021) Plaintiffs are farmers and growers of high-quality living organic basil.

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False Advertising Advertising Advertising Marketing 69

43(B)log

SEPTEMBER 6, 2023

Toyota USA sued Allen for grey marketing in violation of the Lanham Act and related claims, asserting that material differences included the existence of a manufacturer-backed warranty, the shipping and packaging of the parts, and the appearance and condition of the parts. This was a matter of statutory standing, not Article III standing.

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Marketing Marketing False Advertising Advertising 59

The IPKat

SEPTEMBER 4, 2023

The decision considered what it means for "the product" in Article 3(a) to be protected by a marketing authorisation (see also IPKat: The SPC alphabet ). The marketing authorisation in the case specifically recited the active ingredient "safinamide". The presence of levodopa in the label for XADAGO is not a surprise.

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Art Marketing Marketing Patent 117

IP Watchdog

JANUARY 11, 2022

This short article focuses on how risk – in the economic and legal sense – changes over time, and what this implies for patent licensing dynamics. Licensing negotiations are not static snapshots in time, they often evolve and change according to developing circumstances, case-law, parties’ conduct, and many other factors.

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LexBlog IP

FEBRUARY 28, 2023

The regulators’ enhanced focus in this area is reflective of Australian consumers’ increasing demand for ethical and sustainable business practices, and business’ increasing marketing and advertising of their credentials in these areas in response.

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Marketing Marketing Business Branding 52

IP Watchdog

NOVEMBER 8, 2023

The Federal Circuit ruled that Allgenesis lacked Article III standing to bring the appeal for failing to establish an injury in fact stemming from potential infringement liability or the impact of the PTAB’s priority determinations on the scope of Allgenesis’ patent rights.

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Marketing Marketing Patent Patent Infringement 59

JD Supra Law

APRIL 30, 2024

Food and Drug Administration (FDA) approval and rapidly growing market size as discussed in previous articles in this series. This article discusses patent strategies for ADC inventions. Antibody-drug conjugate (ADC) is a promising class of cancer treatments with accelerating U.S. By: Foley & Lardner LLP

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Invention Patent Marketing Marketing 75

IP Watchdog

FEBRUARY 3, 2022

2710, the Open App Markets Act. On February 3, during an Executive Business Meeting of the Senate Judiciary Committee, Senator Thom Tillis (R-NC) proposed several amendments on the markup of S. The bill would apply existing U.S.

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Marketing Marketing Business Law 75

IP Watchdog

DECEMBER 18, 2023

Apple confirmed to media outlets on Monday that it will halt sales of certain Apple watches following the October International Trade Commission (ITC) ruling issuing a limited exclusion (LEO) order against the products.

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Marketing Marketing Technology Patent 105

Herbert Smith Freehills

AUGUST 7, 2023

billion) initial public offering and listing on the STAR This is the largest A-share listing in 2023 so far, and the third-largest listing on the STAR Market of the Shanghai Stock Exchange. Leading international law firm Herbert Smith Freehills has advised Hua Hong Semiconductor Limited (“Hua Hong Semiconductor”) (01347.HK/ HK/ 688347.SSE)

Marketing 52

Marketing Marketing Publishing Law 52

Herbert Smith Freehills

MAY 4, 2023

Kewei Law Firm has promoted Agatha Shen as an international partner in Shanghai, further strengthening China capital markets expertise in the firm's joint operation with Herbert Smith Freehills. Agatha specialises in capital markets and other corporate finance transactions.

Marketing 52

Marketing Marketing Law Business 52

43(B)log

OCTOBER 11, 2022

Appian disseminated the report through its sales team, social media, and other marketing. The linked to an article (not mine) that summarized the Court’s ruling; Pegasystems encouraged salespersons to share the post and to use it when competing against Appian. The BPM market is large.

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Marketing Marketing Business False Advertising 59

Herbert Smith Freehills

MAY 24, 2023

The deal marks Sinopec's entry into the country's retail fuel market. Global leading law firm Herbert Smith Freehills has advised Sinopec Fuel Oil on the signing of a long term contract for importation, storage, distribution and sale of petroleum products in Sri Lanka.

Marketing 52

Marketing Marketing Contracts Government 52

Herbert Smith Freehills

MAY 4, 2023

Kewei Law Firm has promoted Agatha Shen as an international partner in Shanghai, further strengthening China capital markets expertise in the firm's joint operation w Agatha specialises in capital markets and other corporate finance transactions.

Marketing 52

Marketing Marketing Law Business 52