SpicyIP

AUGUST 20, 2023

Brand owners, which are aggrieved by competitor ads, have alleged that Google’s Search Engine Results Page (SERP) should only contain results pertaining to the brand owner when the search term comprises or includes their trademark. On one hand, trademark owners argue that business is being diverted to their competitors by this practice.

Advertising 97

Advertising Advertising Trademark Branding 97

Michael Geist

JANUARY 25, 2023

The merger has followed a familiar pattern: the companies started with a plan to merge without any divestitures that never stood a serious chance of approval, followed by adopting the Bell-MTS playbook of divesting assets to the weakest possible competitor in Xplorenet. As well he should.

Marketing 137

Marketing Marketing Government Reporting 137

IPilogue

APRIL 19, 2022

On February 28, French luxury jeweller Cartier sued its competitor, Tiffany & Co. These files could purportedly “allow a sophisticated competitor to replicate key strategies” and to “reverse engineer how Cartier allocates, merchandises, and prices its High Jewelry stock.” What is “reasonable” is typically a cost-benefit analysis.

Confidentiality 116

Confidentiality Business Law Blogging 116

LexBlog IP

MAY 31, 2023

Its authority is limited to analyzing the evidence available and determining, based on the evidence, whether it is reasonable to conclude that the application for registration may be an element that contributes to the completion of an unfair competition behavior that may affect the market, the competitors, and the consumers.

Registration 52

Registration Marketing Marketing Trademark 52

Velocity of Content

DECEMBER 14, 2023

Researchers and investigators need to work from and share scientific literature for analysis and review as they identify new drug targets for development. R&D Literature review is an essential step in the research process; it provides context, informs methodology, maximizes innovation, and helps to avoid duplicative research.

Licensing 98

Licensing Copyright Publishing Journalism 98

Patently-O

AUGUST 25, 2021

Its prices were higher than its competitors’; its proposed technical approach was worse. DynCorp takes issue with the Army’s price-reasonableness analysis, which it says skirted regulatory requirements and was irrational besides. The Court of Federal Claims dismissed DynCorp’s bid protest, finding no error in the Army’s analysis.

Contracts 96

Contracts Government Patent 96

IPilogue

MARCH 30, 2023

The IP Strategy must be informed by key relevant information relating to the technology and competitor landscapes relevant to the IRAP SMEs.

IP 106

IP Intellectual Property Business Government 106

43(B)log

SEPTEMBER 22, 2023

Geomatrix sells a septic system that substantially differs from those sold by its competitors. It asserts defendants, those competitors and NSF International (the primary standard-setting organization for the wastewater product industry), conspired to exclude its unique system from the marketplace. NSF International, F.4th

False Advertising 59

False Advertising Advertising Advertising Business 59

LexBlog IP

SEPTEMBER 28, 2023

Judges tend not to go thru a full likelihood-of-confusion analysis at 12b6 but here you are. Despite two competitors selling the identical product in the identical trade channel, the Court held that channels of trade “tilts slightly on Defendant’s favor (apparently because Defendant doesn’t sell in brick and mortar.

Ownership 52

Ownership Registration Intellectual Property Trademark 52

The IP Law Blog

MAY 4, 2023

However, because the trial court had properly applied the Rule of Reason analysis, its conclusion on the DPLA contract issue was harmless. The second step of that Rule of Reason analysis is that Apple had the burden to offer “non-pretextual legally cognizable pro-competitive rationales for its app distribution and IAP restrictions.”

Marketing 98

Marketing Marketing Privacy Contracts 98

43(B)log

JUNE 20, 2023

7, 2023) MacuHealth sells a nutritional supplement of the same name that is intended to maintain or improve eye health; Vision Elements is a competitor that sells Early Defense. Vision Elements’ ads used comparisons based on the MacuHealth bottle, labeled “Competitor A.” Vision Elements, Inc., 2023 WL 3863341, No.

Advertising 59

Advertising Advertising Litigation False Advertising 59

Patent Trademark Blog

FEBRUARY 3, 2022

Offensively, a patent can be enforced to pursue licensing or to stop competitors from infringing. As you review each independent claim, take a competitor’s product and see if you can find each claim element in their product. What if certain elements in your independent claim are missing in competitors’ products?

Patent 52

Patent Patent Application IP Designs 52

Patent Trademark Blog

FEBRUARY 3, 2022

Offensively, a patent can be enforced to pursue licensing or to stop competitors from infringing. As you review each independent claim, take a competitor’s product and see if you can find each claim element in their product. What if certain elements in your independent claim are missing in competitors’ products?

Patent 52

Patent Patent Application IP Designs 52

The TTABlog

NOVEMBER 17, 2023

The Board noted that the fact that this patent was issued in Europe has no effect on the Section 2(e)(5) analysis. Second, respondent did not supply evidence or analysis showing that the competitors’ products or petitioner’s new product made of record "are equivalent in desired mechanical properties to those of Respondent’s design."

Registration 69

Registration Designs Design Advertising 69

SpicyIP

MAY 2, 2022

We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. Analysis of the Judgment. Sangita is a 3rd year student at Gujarat National Law University and has previously written for us here and here.

Registering Trademarks 119

Registering Trademarks Trademark Advertising Advertising 119

SpicyIP

AUGUST 25, 2021

Due to the large number of products available to consumers, advertisers frequently compare their products to those of competitors. In common parlance, comparative advertisement means advertisement of a particular product, or service by comparing it against a competitor’s product for the purpose of showing why one’s product is superior.

Fair Use 105

Fair Use Advertising Advertising Branding 105

Patently-O

JANUARY 28, 2024

by Dennis Crouch Ficep begins its petition for certiorari with a brilliant statement of how its patented steel manufacturing method has won numerous awards and complements for its innovative approach, been copied by competitors, and led to numerous successful sales. There was copying by competitors. Ficep petition for certiorari.

Technology 81

Technology Invention Designs Design 81

Patently-O

JULY 20, 2023

Timberland boots have been on the market for 50 years, and according to the record the company has “never has demanded that competitors cease and desist from selling look-alike boots.” INTA has filed an amicus brief in support of Timberland arguing that the district court erred in its functionality analysis.

Designs 74

Designs Design Cease and Desist Design Patent 74

Corsearch

APRIL 5, 2024

Key takeaways: Prioritize enforcement: Understand your business, critical markets, competitors, and prioritize enforcement efforts accordingly. Predictive analytics: AI’s vast data analysis capabilities enable prediction of registration likelihood and examination outcomes, aiding strategic decision-making.

Trademark 59

Trademark Confidentiality Branding Brands 59

The IPKat

OCTOBER 28, 2021

A claim of trade secret protection is one of the objections to disclosure that may be raised by the bidder against a competitor who seeks to examine the tender documentation in order to evaluate his further legal steps. As such, an annoying back-and-forth between contracting authorities and courts takes place.

Contracts 93

Contracts Confidentiality Public Domain Licensing 93

43(B)log

JANUARY 11, 2023

9, 2023) Along with updating its previous decision (I didn’t see anything that affected the Lanham Act analysis of the key issue of whether a retailer can sue a supplier for false advertising), the court addressed a motion to dismiss by defendant ViaClean. AHBP LLC v. 2023 WL 139714, No. SA-22-CV-00096-XR (W.D.

Advertising 59

Advertising Advertising False Advertising Marketing 59

The IP Law Blog

SEPTEMBER 28, 2023

set apart from its competitors.” Thus, the Court found that no reasonable juror could disagree that Plaintiff’s Second Holy Temple Product, which both parties agree is based on a translation of research, analysis, and interpretation of written Jewish religious texts into a 3D sculpture of a structure destroyed in 70 C.E.,

Public Domain 113

Public Domain Copyright Copying Registration 113

LexBlog IP

MARCH 12, 2024

A plaintiff, usually a small business, learns that a former employee has joined a competitor and suspects they may be using its trade secrets to unfairly compete against it.

Litigation 52

Litigation Business Intellectual Property 52

LexBlog IP

OCTOBER 17, 2022

However, there are effective ways to protect intellectual property in GUIs and enforce that intellectual property against competitors who choose to infringe. A design patent will not protect competitors from copying the technology “under the hood” like a novel algorithm. This is the function of a utility patent.)

Design Patent 52

Design Patent Designs Design Intellectual Property 52

LexBlog IP

JANUARY 9, 2023

The proposed rule does not expressly prohibit what is known as non-solicit and/or non-service provisions — those provisions that do not prohibit an employee from working for a competitor but do prohibit that employee from soliciting and/or servicing the employer’s customers on behalf of that competitor.

Business 52

Business Confidentiality Government Law 52

Erik K Pelton

MARCH 14, 2022

Or you can search for competitor trademarks and see what they own, or see how they describe their goods and services, which can be useful in crafting a new application. There are so many different reasons that I use TESS. The fundamentals of them are all covered in the TMEP, with examples to cases and trademarks.

Trademark 264

Trademark Registration Editing Ownership 264

43(B)log

DECEMBER 23, 2021

12, 2021) After Lexmark , can a competitor bring a false association claim when the false association is with an unrelated third party? This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. And literally false statements presumptively cause competitors harm.”

False Advertising 59

False Advertising Advertising Advertising Designs 59

Trading Secrets

APRIL 18, 2023

Our analysis will mainly focus on ChatGPT. As noted below, this analysis may change based on a given usage policy of a chatbot. The notable portion of the court’s decision is its analysis of the disclosure issue. The court stated that the intentional publication of material will destroy its trade secret status.

Invention 59

Invention Confidentiality Privacy Public Use 59

Kashishipr

DECEMBER 28, 2021

FTO agreements have now become common in certain sectors, particularly the IT sector, where there is extensive Patent Filing and risks involved in commercialization are being blocked by a competitor who holds a patented technology incorporated within some product. Conducting FTO Analysis Based on Patent Literature Search.

IP 105

IP Patent Invention Licensing 105

Velocity of Content

DECEMBER 27, 2022

Having done this, you are then set up for better downstream data analysis because your conversion from unstructured to structured (typed) data is way more accurate. You can then connect your enriched, structured data to databases and other systems, giving enhanced data connectivity across the organisation and speeding up analysis.

Branding 97

Branding Brands Branding Copyright 97

IP and Legal Filings

MARCH 19, 2024

However the limitations and restrictions for registration is present not all terms are eligible for registration… a trade mark encompasses with number of elements, including logo, slogans, shapes, sounds, even scents, all designed to distinguish product and services from other competitors.

Branding 52

Branding Brands Branding Intellectual Property 52

43(B)log

MARCH 4, 2022

“In a dietary supplement market that is robust with competitors and different products, this is insufficient to show that sales captured by BPI leads to a direct loss of dietary supplements containing ThermoLife ingredients.”

False Advertising 72

False Advertising Advertising Advertising Licensing 72

SpicyIP

OCTOBER 7, 2022

On September 1, 2022, the Calcutta HC held a non-competitor liable for infringement of a [ Kaira District Cooperative Milk Producers Union Ltd v. The case is relevant as the court reached a conclusion on infringement without an examination of the relevant law on infringement by non-competitors, covered by Section 29(4) of the Trademarks Act.

Trademark 118

Trademark Registering Trademarks Branding Brands 118

Trading Secrets

NOVEMBER 10, 2023

In 2015, Boston Beer hired Brian Soudant, who was eventually promoted to a manager of IT, sales, and business analysis. Purportedly, through strategy meetings and throughout his tenure, Soudant was privy to the company’s strategies for competing with market competitors like Downeast.

Confidentiality 59

Confidentiality Marketing Marketing Contracts 59

LexBlog IP

DECEMBER 18, 2023

The Board’s analysis of the nexus was legally correct and supported by substantial evidence. Holding(s) Teleflex’s evidence of objective indicia of non-obviousness had a nexus to the Side Opening Claims. Direct evidence of copying is not necessary to establish copying.

Copying 52

Copying Art Marketing Marketing 52

LexBlog IP

APRIL 18, 2023

Our analysis will mainly focus on ChatGPT. As noted below, this analysis may change based on a given usage policy of a chatbot. The notable portion of the court’s decision is its analysis of the disclosure issue. The court stated that the intentional publication of material will destroy its trade secret status.

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

MAY 4, 2023

” However, because the trial court had properly applied the Rule of Reason analysis, its conclusion on the DPLA contract issue was harmless. ” Epic argued (with several amici) that there should be a fourth step to the analysis, a balancing of the totality of the circumstances step.

Marketing 52

Marketing Marketing Privacy Contracts 52