43(B)log

JULY 15, 2022

When Max Rack’s last patent expired, however, Core Health decided to compete against Max Rack by selling an identical machine under a new name—the ‘Freedom Rack.’” Profits award: The $250,000 “had a reasonable basis in the evidence when read against the Lanham Act’s burden-shifting approach to proving profits.”

Advertising 59

Advertising Advertising Licensing False Advertising 59

43(B)log

AUGUST 1, 2022

In some cases, however, a statement may be technically false but so patently hyperbolic that any allegations that it misled consumers are facially implausible, thereby making the false advertising claim ripe for dismissal on puffery grounds. the integration of local amendments), or imply that ICC offers inferior services.”

False Advertising 59

False Advertising Law Advertising Advertising 59

43(B)log

FEBRUARY 24, 2024

People trust Amazon, not the individual “marks” on the site, including their ability to return products easily; TM’s work is done in the service of Amazon. Actual adjudication by services is what the law “really” is. Other examples: design patent, as Sarah Burstein has writte n. SAD scheme is swallowing up the rest of TM law.

Fair Use 45

Fair Use Branding Brands Branding 45

43(B)log

FEBRUARY 17, 2022

The court found that, read literally, these statements expressed an aspiration/a reason for putting them together, not a claim that they did work synergistically, especially since they were made early on in the creation process. Similar reasoning applied to statements about licensing a pending patent (application). for the control.”

Advertising 80

Advertising Advertising False Advertising Marketing 80

The TTABlog

JANUARY 5, 2022

Because the ordinary American purchaser would not stop and translate a mark comprising words from different languages, the TTAB refused to apply the doctrine of foreign equivalents and it reversed a Section 2(e)(1) mere descriptiveness refusal of TAVERNA COSTERA for "restaurant, cafe, and bar services." Proof Research, Inc.

Registration 113

Registration Advertising Advertising Music 113

LexBlog IP

MARCH 27, 2023

Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions. Marshall Gerstein is a well-known law firm that has been providing intellectual property legal services for many years. For example, under U.S. ” 35 U.S.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

SpicyIP

OCTOBER 16, 2023

Read Yogesh’s post to know more about this. Read Yogesh’s assessment of the order. Syngenta Limited vs Controller Of Patents And Designs on 13 October, 2023 (Delhi High Court) Image from here A Division Bench of the Delhi High Court responded to the questions on divisional applications referred to it by the Single Judge earlier.

Due Diligence 59

Due Diligence Invention IP Copyright 59

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. In rejecting Hetero Drugs’ defense, the Court stated they had not provided sufficient proof that the exports were being used for research. In H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

IPilogue

SEPTEMBER 23, 2021

It would seem unnatural, for example, to read “maker” as referring to both a “sound recording” and a “work”. The correct view however seems to be that, read in context, “maker” in s. 5 reads: . Registration then provides all the contrary proof needed for the registrant to rebut the author/owner presumption ( Act, s.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

Technology & Marketing Law Blog

JULY 17, 2023

This first principle not only prioritizes sovereign determination of national-level policies undergirding the regulation of IP-protected goods and services, but also recognizes the risks associated with interference in other nations’ norm-setting prerogatives. Instead, the majority tersely states that “confusion.

Trademark 68

Trademark Blogging Litigation Law 68

43(B)log

JUNE 24, 2022

Other IP rights: utility patent creates presumption of functionality; wonders about whether presence of non-TM IP protection for ornamental features—design patent, ©--might create a presumption of mere ornamentality w/o further evidence of source signification. Traffix may work to shove a bunch of subject matter into patent.

Trademark Law 75

Trademark Law Law Trademark Registration 75

The TTABlog

NOVEMBER 16, 2021

WHAT YOU NEED TO KNOW Of particular import are two new ex parte procedures for challenging a registration on the ground of nonuse of the registered mark for some or all of the identified goods or services. A successful challenge will result in removal of the “unused” goods and services from the registration.

Trademark 71

Trademark Registration Law Licensing 71

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

In 1996, Congress passed the Communications Decency Act (CDA) to restrict minors’ access to indecent and patently offensive content online. However, I don’t expect his “expert” services will be in high demand going forward LOL. * * * Arkansas Act 689 of 2023 NetChoice LLC v. Griffin , 2023 WL 5660155 (W.D.

Social Media 123

Social Media Privacy Law Government 123