43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.]

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

JUNE 15, 2022

Netaifm alleged that defendants engaged in anticompetitive market behavior when the Jain entities acquired majority shares of two local design firms, which connect manufacturers to growers, and alleged false advertising. Jain is Netafim’s largest competitor. Jain had approximately $25 million in Central Valley sales in 2016.

False Advertising 59

False Advertising Advertising Advertising Blogging 59

43(B)log

JULY 3, 2023

Zuluaga told a designer to look at Industria’s website when creating Latinfood’s packaging designs for Zenú and Ranchera and brought one of Industria’s Ranchera labels to the designer’s office. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

43(B)log

SEPTEMBER 7, 2021

Perhaps overreacting, Wakefern sued for trademark infringement and false advertising in violation of the Lanham Act and violation of state unfair competition law, which is coextensive and thus disappears from our story. False advertising: Not commercial advertising or promotion.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. For modern designers, this may be both a blessing and a curse. If the Artist had registered his work as Copyright, he would have had legal proof of ownership in this situation. Obtain legal ownership verification.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

FEBRUARY 6, 2023

Here, there was a realistic likelihood of recurrence alleged given defendants’ “pattern of willful and deliberate behavior over the course of several years, as well as the continued ownership and control of Roomster by the two named individual Defendants who run the company,” despite their knowledge of the investigation.

False Advertising 72

False Advertising Confidentiality Advertising Advertising 72

43(B)log

SEPTEMBER 11, 2023

Section 43(a) reaches more broadly; the court here applies Lexmark to both false advertising and trademark claims. Plaintiff also pointed to numerous calls it received from confused consumers as evidence that the callers assumed that it was the sole source of the advertising. Thus, the §32 claim failed as a matter of law.

Advertising 69

Advertising Advertising Marketing Marketing 69

LexBlog IP

NOVEMBER 17, 2021

Kaira also owns common law design marks which are displayed on the websites www.amul.com and www.amuldairy.com. The Defendants were advertising, marketing and selling milk products in Canada through LinkedIn in association with the trademark AMUL and claiming to be Kaira. Kaira also established trademark infringement. Disposition.

False Advertising 40

False Advertising Social Media Trademark Branding 40

43(B)log

AUGUST 3, 2023

So too w/false advertising. Assumptions skipped over in TM/false advertising analysis.] Benefits: nationwide right of priority, evidence of validity/exclusive ownership, right to police imports, incontestability after 5 years, symbolic benefits like ®. Color, product design. Death closes things off.

Registration 52

Registration False Advertising Advertising Advertising 52

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 3, 2023

Thus, nonexpressive uses don’t interfere w/the kind of interest © is designed to protect, which is why they are such strong candidates for fair use. Nonexpressive uses don’t involve human enjoyment of the original expression contained in a work and don’t lead to other humans potentially enjoying that original expression.

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. failure to function can be significant in ordinary cases with uncontroversial subject matter.

IP 94

IP Trademark Advertising Advertising 94