Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. . ” Actual confused. “Undetermined.” Not relevant.

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Technology & Marketing Law Blog

JUNE 29, 2022

17 years later, I’m still blogging their ignoble trademark lawsuits. Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. Unfortunately, that’s standard operating procedure in trademark cases. WhenU (2d Cir. Case citation : 1-800 Contacts, Inc. Jand, Inc. ,

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Trademark Advertising Advertising Blogging 107

TorrentFreak

NOVEMBER 29, 2021

In a complaint filed at a Seattle federal court last June, Bungie accused AimJunkies.com of copyright and trademark infringement, among other things. The “Destiny 2 Hacks” listing was swiftly pulled from the AimJunkies site but an archived copy of the page remains available. Settlement Discussions & Default.

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Settlement Copying Copyright Trademark 123

TorrentFreak

SEPTEMBER 13, 2023

Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies of copyright and trademark infringement, among other things. The case initially seemed set for a quick settlement, but the parties failed to reach an agreement. The cheat seller did indeed use Destiny 2’s trademark to promote its cheat.

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Copyright Infringement Copyright Copying Trademark 104

SpicyIP

SEPTEMBER 18, 2023

We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. Roshan is a practising counsel, who has been practising for the last 12 years before the Supreme Court and the Delhi High Court.

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Cease and Desist Intellectual Property Law Settlement Copyright Infringement 115

TorrentFreak

MAY 22, 2024

Three years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies of copyright and trademark infringement, among other things. The case initially seemed set for a quick settlement, but the parties failed to reach an agreement. At the same time, Bungie continued its copyright and trademark claims.

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Copyright Infringement Copyright Copying Settlement 88

TorrentFreak

JANUARY 11, 2022

In a complaint filed at a Seattle federal court last June, Bungie accused AimJunkies.com of copyright and trademark infringement, among other things. Initially, the parties entered settlement discussions. According to Bungie, AimJunkies copied and distributed its copyrighted work, to develop and advertise its cheat software.

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Copyright Law Copying Copyright Infringement 133

TorrentFreak

DECEMBER 3, 2023

Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies of copyright and trademark infringement, among other things. The case initially seemed set for a quick settlement, but the parties failed to reach an agreement. Instead, a jury would have to decide.

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Copyright Infringement Copyright Copying Settlement 100

Garrigues Blog

OCTOBER 19, 2021

Successful products and services are likely to have their trademarks copied. It is not that you in particular and your trademark are being targeted, but awareness on how to proceed yields value to your brand. If you own a business in Portugal and have a registered trademark, these recommendations will prove useful.

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Trademark Cease and Desist Registration Litigation 59

BYU Copyright Blog

JANUARY 8, 2024

They also claimed not being aware of revised versions of Marenems stories and denied reproducing or distributing physical copies or graphic posters of Marenems book, Secret Stories. This resolution followed the Institute's counterclaims against Oppenheimer for trademark infringement. On February 17, 2023, Judge Jorge L.

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Settlement Publishing Copyright Copyright Infringement 40

TorrentFreak

JULY 9, 2022

Several of these lawsuits have ended in settlements, where some VPNs services agreed to block notorious pirate sites or BitTorrent traffic on US-based servers. Millions in Copyright and Trademark Damages. In addition to the various copyright infringement allegations, VeePN is also accused of DMCA violations and trademark infringement.

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Advertising Advertising Copying Trademark 129

TorrentFreak

APRIL 28, 2022

In a complaint filed at a Seattle federal court last June, Bungie accused AimJunkies.com of copyright and trademark infringement, among other things. Initially, the parties entered settlement discussions. The cheat software itself certainly isn’t a copy of Bungie’s work, they argued. Court Dismisses Copyright Claims.

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Copyright Copyright Infringement Copying Trademark 69

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Troia claimed that he did not use the LoanStreet trademark in commerce. However, the court points out that he referenced the trademark in keyword ads (the court cites Google’s upper-left labeling to reinforce the point), which normally would be a use in commerce. The court displays some of the ads: Use in Commerce. the SMJ case.

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False Advertising Advertising Advertising Trademark 98

TorrentFreak

MARCH 28, 2023

In May 2022, the parties informed the court that while there was no aversion to reaching a settlement , they would press ahead with discovery nonetheless. .” Within days, however, the parties informed a California district court that they had agreed to the terms of a preliminary injunction.

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Copyright Infringement Settlement Copyright Copying 115

LexBlog IP

OCTOBER 25, 2021

A glaring issue with this practice is that many search terms in keyword advertising programs are already trademarked, and trademark owners have an affirmative duty to enforce their trademark rights. In August 2021 , 1-800 Contacts filed a complaint against Warby Parker alleging trademark infringement over search engine ads.

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Advertising Advertising Trademark Cease and Desist 52

Patently-O

FEBRUARY 14, 2022

Coronapod: How African Scientists are Copying Moderna’s COVID Vaccine (Source: Apple Podcasts). Erik Hovenkamp: Antitrust and Trademark Settlements (Source: SSRN). Commentary and Journal Articles: Dan Mahaffee: Counterproductive Patent Policies Threaten US Tech Leadership (Source: The Hill). Scott Hemphill and Prof.

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TorrentFreak

OCTOBER 18, 2021

The settlement didn’t end the lawsuit completely as the anonymous operators of Popcorntime.app were targeted in the same case. Among other things, Judge Buchanan recommends awarding damages for trademark infringement, DMCA violations, contract breach, and willful copyright infringement against Popcorntime.app.

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Technology & Marketing Law Blog

SEPTEMBER 14, 2021

But trademark plaintiffs and judges are still partying like it’s 1999. Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result.

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Advertising Advertising Trademark Settlement 99

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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Trademark Social Media Registering Trademarks Copyright 103

BYU Copyright Blog

SEPTEMBER 12, 2022

Over the last several years, we have reported on a number of cases that have reached quiet settlements or otherwise fizzled out without us acknowledging their end. The case ground onward for two years without significant developments, but it seems that the parties eventually reached a settlement. Pearson Education, Inc.

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Settlement Licensing Publishing Reporting 52

The IPKat

DECEMBER 29, 2021

Section 4 of the report refers to detentions at the EU border and is based on data uploaded into DG TAXUD’s COPIS (the EU-wide anti- Co unterfeit and anti- Pi racy information S ystem) by the customs authorities of all the Member States. In this regard, the most infringed right was trademarks , followed by designs , copyright and patents.

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TorrentFreak

AUGUST 19, 2022

Last summer, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies of copyright and trademark infringement, among other things. The case initially seemed set for a quick settlement but the parties failed to reach an agreement. — A copy of U.S.

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Copyright Infringement Copyright Copying Settlement 74

43(B)log

SEPTEMBER 7, 2021

The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y. and [the] Coach” brand.

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False Advertising Registration Trademark Registering Trademarks 59

TorrentFreak

MAY 23, 2022

Last summer, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The parties initially entered settlement negotiations but the process was derailed when the video game maker moved for a default judgment.

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Copying Copyright Copyright Infringement Settlement 123

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

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Trademark Advertising Advertising Copyright 45

Technology & Marketing Law Blog

JANUARY 9, 2022

When the symbols “include something in addition to common tropes and shapes,” and even then, the registrations should only preclude verbatim copying. GmbH as potentially a trademark troll due to their high litigation volume and dubious litigation tactics. Dear [smiley]” formed a settlement agreement.

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SpicyIP

MARCH 25, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Anything we are missing out on? Drop a comment below to let us know. Christian Louboutin Sas & Anr v.s

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Trademark Patent Copyright Confidentiality 52

TorrentFreak

AUGUST 31, 2021

Last year, Hawaiian anti-piracy attorney Kerry Culpepper registered the “Popcorn Time’ trademark, which he used to get Popcorn Time’s Twitter account suspended. and the filmmakers are close to signing a settlement agreement. That’s not all, Popcorn Time trademark owner 42 Ventures joined the lawsuit as well.

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Trademark Settlement Copyright Copyright Infringement 117

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. 26, 2021). This is a preview of the future of CCB litigation…CAN’T WAIT! 19-55882 (9th Cir.

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Copyright Copying Copyright Infringement Copyright Law 112

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. There was a settlement over validity v. Dinwoodie and Janis taken out of context?

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SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

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Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Subsidies offered for Patent and Trademark (in selected categories) registration, encouraging innovation and protecting intellectual property. With the enactment of the MSME Act,2006; an effective mechanism has emerged, enhancing the MSME claim settlement procedure and striving to make it more accessible.

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Settlement Intellectual Property Registration Designs 52

43(B)log

AUGUST 12, 2022

Similarity to Doe defendants—one advantages is plaintiff can use the revelation of identities of defendants as leverage to get settlement, as in the porn/© cases. The Class Action as Licensing and Reform Device Xiyin Tang Google Books settlement was rejected; quasi-legislative provisions were more for Congress. Frank Music v.

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Settlement IP Music Licensing 59

TorrentFreak

NOVEMBER 23, 2023

Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. Bungie previously won several lawsuits against cheaters, either by default or through confidential settlements, but AimJunkies assigns little value to these achievements.

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Cease and Desist Copyright Infringement Copyright Intellectual Property 101

IP and Legal Filings

FEBRUARY 15, 2022

The cause of action in the original suit was the alleged breach of a settlement with the plaintiff, caused by the defendant’s continued use of the plaintiff’s trademark in advertisements on the big search engine. In the original suit, filed by Plaintiff, the defendant was the prevailing party. Motors Corp., 3d 583, 590 (4th Cir.

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LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. On September 8, 2022, the parties filed a notice of settlement. Thom Tillis and Patrick Leahy they will deliver findings by June 2023.

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SpicyIP

MARCH 27, 2023

Subbaraya Setty & Anr that made some important observations on the use of trademarks as collateral. The defendants argued that these trademarks/taglines were descriptive in nature, but this was rebutted by the plaintiff in its replication. Regarding the objection of the defendants that the documents related to Defendant No.

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Designs Design Cease and Desist Art 105