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43(a)(1)(A) claims are hard to win against a TM registrant

43(B)log

CasperLabs, LLC, 2021 WL 1164985, No. 26, 2021) Zamfir is a researcher in the field of cryptoeconomics and distributed systems; he and Vitalik Buterin are allegedly the two lead researchers of the proof-of-stake blockchain protocols known as Casper (name adopted around 2015). 21cv474-GPC(AHG) (S.D.

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The “Bombay Frankie” Confirms That First Mover’s Advantage Remains Without Enforceable Trademark Rights

IPilogue

On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. v 2788610 Ontario Inc (“ Bhagwani ”) upheld trademark principles which state that an enforceable right does not exist on the mere filing of a trademark application absent use of the mark.

Trademark 105
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FLY HIGH vs FLY HIGHER, Delhi High Court Decides Upon Infringement of a mark not being used as a Trademark

Selvam & Selvam Blog

vs Tata Sia Airlines Limited CS(COMM) 54/2022 was instituted by Frankfinn to refrain Tata from using their registered trademark ‘Fly High’. Further, they recorded their dissatisfaction with the defendant’s use of the mark ‘Fly High’ as hashtags on popular social media websites to promote their services.

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Brand Protection and Fighting Fakes Online

LexBlog IP

Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Nearly every mainstream marketplace and social media platform has Acceptable Use Policies, which provide procedures for reporting intellectual property infringements.

Brands 52
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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute. Ltd vs Google India Pvt.

Trademark 124
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Catching up: Meta wins (one) infringement claim about its rebrand on motion to dismiss

43(B)log

In 2021, Dfinity announced its Developer Grant Program, a grant fund of $200 million “to support initiatives for developers to work on the Internet Computer.” Dfinity sued for federal and state trademark infringement. Dfinity sponsors conferences and hackathons, and gives in-person and virtual presentations.

Design 59
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Metaverse: Fashion Trademark Battles to Watch

JIPEL Copyright Blog

The most recent of them is the metaverse, and similar to what has happened to other parallel realities such as video games and social media, the metaverse is being invaded by fashion brands. The new gems being mined are the non-fungible tokens (NFTs), which are already at the center of several trademark battles.