Remove topics deceptive-intent
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SpicyIP Weekly Review (February 26- March 3)

SpicyIP

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! Upon comparing the competing products, the Court found them to be deceptively similar to one another and passed the ex parte ad interim injunction order.

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Trademark Disparagement, Free Speech and Bullying: The Case of Dabur v. Dhruv Rathee

SpicyIP

Hussain Dalal wherein it has said that “ “spoken words should be misstatement or causing confusion and deception which is the gist of the passing off action or in the alternative, the said spoken words should cause infringement by way of diluting the distinctive character and repute of the trade mark which may either intention or unintentional.

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"Australia's #1" is puffery for product sourced from but not sold in Australia

43(B)log

1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States. The court, wrongly, began by focusing on intent: MaxRelief chose the slogan for “subjective reasons.”

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The 14th Public Commission Meeting – Dark Patterns, Imposter Rulemaking and Yet Another Policy Statement

LexBlog IP

Back to the meeting – and we will start with the dark patterns discussion because we keep hearing about this topic. And we expect to provide a deeper dive into the dark patterns report in a future post here, which we hope may provide more clarity as to when a dark pattern becomes a deceptive or unfair practice.

Designs 52
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Cardozo A&ELJ symposium, Trademark

43(B)log

And here there is a very clear statement in the statute of that zone of interests, which most relevantly includes “to regulate commerce … by making actionable the deceptive and misleading use of marks in … commerce; …; to protect persons engaged in … commerce against unfair competition.” I think intent does too.]

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Protecting Your Brand: How to Remove Counterfeits from X (formerly Twitter)

Corsearch

The intention is often to spread misinformation and harm a brand’s reputation. The blue checkmark can also be purchased, which can mislead customers into believing the account is genuine and verified. There are two things you can do to report an impersonation account. Firstly, you can flag it directly from the account’s profile.

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SpicyIP Weekly Review (August 9 – 15)

SpicyIP

Topical Highlight. She concludes that the Report’s recommendations, though well-intentioned, lack details and do not seem to be well-thought out. held that the defendant’s trade dress/label WHITE MAGIK for its cream biscuits was deceptively similar to the plaintiff’s trademark BLACK MAGIC for its biscuits. 6 August, 2021].