43(B)log

FEBRUARY 4, 2022

False advertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”

False Advertising 83

False Advertising Advertising Advertising Designs 83

IP Tech Blog

JANUARY 26, 2022

By gathering information from investigators on the ground, combined with data obtained by online investigations along with information provided by shipping agencies and customs authorities, it is possible to reveal and attack the producers. The global trade in counterfeit and pirated goods in 2019 amounted to nearly USD 464 billion.

Branding 106

Branding Brands Branding IP 106

The IPKat

AUGUST 20, 2023

Subsequently, the sculpture was shipped to Italy and held at customs in Milan. Italy is a dualist jurisdiction with a longstanding tradition of moral rights protection, in line with droit d’auteur systems. There, it was presented as an original Koons artwork of which three copies exist. All these attempts were made in vain.

Artwork 94

Artwork Moral Rights Art Litigation 94

The IP Law Blog

FEBRUARY 17, 2022

In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.” The collection consists entirely of allegedly unauthorized images of Nike sneakers. It will be interesting to see how this plays out.

Ownership 98

Ownership Intellectual Property Trademark Branding 98

43(B)log

SEPTEMBER 3, 2021

Once a consumer places a purchase on its website, Redbubble automatically contacts the artist and arranges the manufacturing and shipping of the product with independent third parties. But the shipped packages bear its logo, and Redbubble handles customer service duties such as returns.

Trademark 105

Trademark Advertising Advertising Designs 105

Patently-O

DECEMBER 5, 2022

1400(b)’s requirement of a “ regular and established place of business ” in today’s remote-work and global-shipping world. In its en banc petition, Monolithic cites a long line of cases going back 100+ years that employee homes don’t count. Back in 2021, Bel Power sued Monolithic for patent infringement in Waco Texas.

Business 80

Business Patent Infringement Patent Patent Law 80

Michael Geist

AUGUST 9, 2023

What if the user ships goods from an online marketplace to Canada but the billing address in the U.S.? The document has sparked criticism from business groups and the U.S. government given that it envisions a retroactive three percent tax that will hit a wide range of businesses. In fact, our current approach raises the prospect of U.S.

Social Media 52

Social Media Government Advertising Advertising 52

43(B)log

AUGUST 31, 2021

14, 2021) Plaintiffs challenged the labels on a line of CC’s pinot noirs, alleging deception about the wine’s appellation of origin in Oregon generally and three valleys in Oregon specifically, as well as the grapes’ purported coastal roots. The boxes in which both vintages were shipped refer to the “Oregon Coast” and the three valleys.

Graphic Design 56

Graphic Design Government Designs Design 56

TorrentFreak

NOVEMBER 28, 2021

Reading between the lines it’s clear that Wadsted hasn’t developed any sympathy for the pirate movement over the years. The Pirate Bay fitted this category and became a synonym for file-sharing in the following years. The site remains online today but it’s not without scars. Stopping The Pirate Bay?

Music 145

Music Copyright Technology Advertising 145

LexBlog IP

FEBRUARY 17, 2022

In the Complaint, Nike alleges that StockX has infringed nine of its sneaker designs to create a line of NFTs that are part of its collection that StockX has branded the “Vault.” ” The collection consists entirely of allegedly unauthorized images of Nike sneakers. .” It will be interesting to see how this plays out.

Ownership 52

Ownership Intellectual Property Branding Brands 52

LexBlog IP

JANUARY 26, 2022

By gathering information from investigators on the ground, combined with data obtained by online investigations along with information provided by shipping agencies and customs authorities, it is possible to reveal and attack the producers. The global trade in counterfeit and pirated goods in 2019 amounted to nearly USD 464 billion.

Branding 52

Branding Brands Branding Government 52

Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

European Union and United Kingdom- On the same lines of requirement as in India and the U.S., The idea was to save the shipping and payment information and allow customers to place an order with the click of just one button. A website is an essential asset to any form of business today as it forms a part of the business identity.

Patent 52

Patent Invention Artwork Confidentiality 52

IP Tech Blog

JUNE 23, 2023

A trend of recent cases from the Supreme Court down through the lower courts continue to narrow that “mastery” that a plaintiff once laid claim to. A recent decision from the Central District of California, Oceanside Health Products LLC v. Instock Goodies Inc. 2023 WL 3781649 (C.D.

Privacy 57

Privacy Trademark Advertising Advertising 57

LexBlog IP

JUNE 23, 2023

A trend of recent cases from the Supreme Court down through the lower courts continue to narrow that “mastery” that a plaintiff once laid claim to. A recent decision from the Central District of California, Oceanside Health Products LLC v. Instock Goodies Inc. 2023 WL 3781649 (C.D.

Privacy 52

Privacy Trademark Advertising Advertising 52

Dragons' Den

APRIL 4, 2024

The couple didn’t hesitate to accept their joint offer and leave with £50,000 and a new business plan from a partnership of Dragons which could rocket ship the company. From yard art to supplement drinks, there were a range of products to whet everyone's appetite in this week’s Dragons' Den episode! of the business which then drops to 12.5%

Blogging 40

Blogging IP Artwork Intellectual Property 40

43(B)log

FEBRUARY 24, 2024

Focused on Amazon: free riding on gov’t mechanisms, particularly TM law, to communicate to gov’t not to regulate it—product liability, intermediary liability. It’s also cheaper, and Amazon is notoriously cheap. Affecting TM law (as set forth in new paper with Mark McKenna, which is excellent). You have to be wary of private actors’ incentives.

Fair Use 45

Fair Use Branding Brands Branding 45

Technology & Marketing Law Blog

JULY 3, 2021

Amazon’s possession of the items doesn’t change the analysis; “none of Amazon’s upstream actions—such as web hosting, advertising, marketing, warehousing, payment processing, and shipping—constituted a sale under Texas law.” On a 5-2 vote, the Texas Supreme Court says no. ” Cites to State Farm v. Amazon (9th Cir.),

Blogging 67

Blogging Marketing Marketing Law 67

LexBlog IP

DECEMBER 13, 2022

Protection from within our bodies comes from barriers (epithelial tissues) that line all our internal organs and pathways, to make sure nothing penetrates areas it should not. Over the millennia, our bodies have evolved to better protect themselves. Vaping is one of the most efficient ways to consume cannabis. TINCTURES, EDIBLES AND TOPICALS.

Technology 52

Technology Intellectual Property Trademark IP 52

LexBlog IP

MARCH 16, 2023

The Parties’ Briefs Debate Whether Moments are Securities or Simply a Digital Trading Card or Collectible In its motion to dismiss , Dapper Labs came out swinging, arguing in their opening lines that “Plaintiffs are trying to make a federal securities case over basketball cards. Dapper Labs, Inc. , 5837 (VM), ECF No. 43 (S.D.N.Y.

Non-Fungible Tokens 59

Non-Fungible Tokens Contracts Marketing Marketing 59

LexBlog IP

FEBRUARY 18, 2022

The bottom line, Chair Khan really wanted to kick off a study on pharmacy benefits managers. On the consumer protection side, the topic was initiating a Mag-Moss rulemaking concerning earnings claims – the statements that businesses may make when trying to encourage consumers to work for them or sell their product or service.

Marketing 52

Marketing Marketing Business Blogging 52

The IPKat

JUNE 23, 2022

Darren Meale of Simmons & Simmons presents the eleventh volume in his rundown of notable trade mark cases over the past six months. A bumper crop of candidates presented themselves for inclusion in this volume, these are the 10 that made the cut. Is this practice harsh on a Defendant? Is this practice harsh on a Defendant?

Branding 73

Branding Brands Branding Litigation 73

LexBlog IP

JANUARY 26, 2022

The agency alleged that the company violated the Mail Order Rule by failing to notify consumers of shipping delays, failing to notify consumers of their cancellation rights and providing gift cards instead of refunds for unshipped orders. million settlement with Fashion Nova. It will pay an additional $4.2

Cease and Desist 52

Cease and Desist Settlement Litigation Blogging 52

LexBlog IP

FEBRUARY 9, 2022

Yankees P’ship v. Both oppositions were sustained on Spotify’s dilution by blurring claim, with the TTAB not reaching Spotify’s likelihood of confusion or dilution by tarnishment claims. . (“Applicant”) develops sales systems, telemedicine systems and enterprise resource planning systems. Basis of opposition.

Television 40

Television Music Advertising Advertising 40

43(B)log

JULY 15, 2022

Although Core had six months to sell off any units it had started making before the expiration date, it sold another 24 later than that, and 9 units whose label it changed to “Freedom Rack” before shipping. Core Health & Fitness, LLC, 2022 WL 2751685, F.4th 4th -, 2022 WL 2751685 (6 th Circuit Jul. This appeal followed.

Advertising 59

Advertising Advertising Licensing False Advertising 59

The IPKat

FEBRUARY 23, 2023

Former GuestKat Darren Meale of Simmons & Simmons presents the twelfth volume in his rundown of notable trade mark cases over the past six months: Retromark Volume XII: the last six months in trade marks by Darren Meale Volume XII has taken a little longer than usual to pull together, but there’s been plenty of good material to squeeze into it.

Registration 76

Registration Advertising Advertising Law 76

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 30, 2021

108 , Transcend Shipping Systems, LLC v. Orient Overseas Container Line Ltd., This post summarizes some of the significant developments related to patent litigation in federal district courts of Texas for the month of October 2021. Texas courts facing pushback on multiple fronts. The Restoring the America Invents Act. 2891, 117th Cong.

Litigation 52

Litigation Patent Invention Business 52

LexBlog IP

JULY 8, 2021

Home » Blog. A Section 1(b) Intent-to-Use trademark application means that a person or legal entity has a “ bona fide ” intent to use the trademark “in commerce” in the near future. Table of Contents. The Two Common Trademark Applications: 1(a) Use in Commerce vs. 1(b) Intent-to-Use. Pros and Cons to Filing an Intent-to-Use Trademark Application.

Trademark 52

Trademark Registration Web Development Advertising 52

Plagiarism Today

JANUARY 3, 2022

A new year is upon us and, while 2021 proved that a new year doesn’t mean a fresh start, it is still an opportunity to both reflect on the past and look ahead. To that end, 2022 is looking to be a major year for copyright in a myriad of ways. However, in pretty much all the cases below, the table was set for them in years past.

Copyright 248

Copyright Public Domain Registration Social Media 248

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more. Click here to read the full article: Litigation Leaders: Fish & Richardson’s Kurt Glitzenstein on Being the Busiest Patent Litigation Firm in the Land and Keeping it That Way | The American Lawyer.

Litigation 40

Litigation Technology Business Patent 40

Copyright Lately

APRIL 3, 2023

The court’s opinion (read here) was as quick as it was decisive, coming just four days after the parties argued cross-motions for summary judgment in the case. As the publishers’ lawsuit now proceeds to the damages phase—and the inevitable appeal— libraries have been forced to rethink the practice of “controlled digital lending.”

Fair Use 69

Fair Use Copying Publishing Copyright 69

LexBlog IP

DECEMBER 13, 2021

A lot has been written and theorized about the FTC’s post- AMG strategies, but certainly Section 19 of the FTC Act was lined up and ready for its Norma Desmond close-up. The question for the court was the extent of the shipping violations and the harm. So, turning to the decision.

Litigation 52

Litigation Contracts Blogging Law 52

Indiana Intellectual Property Law

NOVEMBER 21, 2023

The U.S. (..)

Patent 52

Patent Reporting Business Patent Application 52

Art Law Journal

FEBRUARY 24, 2022

With fairs featuring artists with non-traditional arts backgrounds to a focus on photography and prints , there is seemingly an art fair to fit any number of collecting tastes. There are even art fairs focused directly on recruiting artists to show their own work, such as the newly-minted The Other Art Fair and Clio Art Fair.

Art 52

Art Artwork Marketing Marketing 52

Technology & Marketing Law Blog

NOVEMBER 1, 2021

As I mentioned , I’m part of a team organizing a special virtual event called the “Lessons from the First Internet Ages Symposium.” ” The event starts tomorrow 10am Pacific, and it’s not too late to sign up ! The event will explore themes that emerged from a package of essays from an all-star group of Internet legends.

Journalism 101

Journalism Government Technology Privacy 101

TorrentFreak

JULY 23, 2023

The VPN industry is booming and prospective users have hundreds of options to pick from. All claim to be the best, but some are more privacy-conscious than others. The VPN review business is flourishing as well. Some VPN companies even own review sites. At TF we don’t want to make any recommendations. Note: The responses below were received in 2023.

Privacy 137

Privacy IP Technology Reporting 137

Indiana Intellectual Property Law

DECEMBER 13, 2022

Collapsible casket with reduced shipping and/or storage footprint. System and method for power transmission line monitoring. Patent and Trademark Office issued the following 273 patent registrations to businesses and individuals in Indiana during November 2022, based on applications filed by Indiana patent attorneys. US 11497657 B2.

Patent 52

Patent Business Technology Registration 52

Indiana Intellectual Property Law

DECEMBER 12, 2023

The U.S. (..)

Patent 52

Patent Business Technology Patent Application 52