LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. One of the key elements of the NCAA’s intellectual property rights is the trademark for the phrase “March Madness.”

Branding 40

Branding Brands Branding Cease and Desist 40

Kashishipr

MAY 4, 2022

Trademarks provide multiple crucial advantages to businesses and customers alike. Additionally, they help the customers distinguish between brands and understand the quality of the products they buy. Trademarks also carry all the image and reputation a brand builds over the years.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

azrights

OCTOBER 27, 2021

The brand name and codes play an important role in the management of competition. Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. Protecting brand identifiers is the way to avoid the possibility of consumer confusion as to the source or origin of a brand.

Branding 52

Branding Brands Branding Copying 52

43(B)log

DECEMBER 28, 2022

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. incorporation of documents into the complaint by reference, both often significant in false advertising cases.

Branding 59

Branding Brands Branding False Advertising 59

43(B)log

APRIL 15, 2024

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

IP and Legal Filings

JUNE 14, 2023

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. A trade name is a name under which a company pursues its business and needs to be distinguished from the entity’s registered or legal name.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

Kashishipr

NOVEMBER 3, 2021

Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner. A wide array of linguistic, legal, and marketing-related factors contribute to trademark genericization. Also, if a trademark becomes generic, it only becomes generic for specific goods and services.

Trademark 105

Trademark Branding Brands Branding 105

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. How do trademarks function?

Business 52

Business Trademark Registration Cease and Desist 52

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

Copyright 108

Copyright Advertising Advertising Trademark 108

IP and Legal Filings

SEPTEMBER 19, 2023

If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued. A registered trademark is valid for a period of 10 years, after which it can be renewed for additional 10-year periods. Maccoffee first appeared on IPLF.

Trademark 86

Trademark Intellectual Property Registration Registering Trademarks 86

IP and Legal Filings

AUGUST 4, 2022

Trademarks in the Tourism Industry. Trademarks refer to an identifiable phrase, word, or symbol or a combination of these that represents a particular product or service and differentiates it with another product or service. Trademarks helps in the prevention of likelihood of confusion with an existing trademark.

Intellectual Property Law 76

Intellectual Property Law Intellectual Property Law Social Media 76

SpicyIP

MARCH 10, 2024

Facts of the Case In this case, the Plaintiff, an incorporated company engaged in the manufacturing of dairy products under the trademark ‘NOVA,’ filed a suit against the Defendants for infringement and passing off of their registered trademark.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

SpicyIP

MARCH 11, 2024

The SLP was filed against the 14 December decision of a Division Bench (DB) of the Delhi High Court where it was held that registering trademarks as keywords cannot be considered infringement when there is no confusion or unfair advantage. If the auction pertains to the trademark, it implies ownership and control over the brand.

Trademark 59

Trademark Registering Trademarks Branding Brands 59

Corsearch

MARCH 13, 2023

So, will other content creators, brands, and consumers be able to use Mickey Mouse in their own works? Disney still own the copyright on more recent works featuring the character and, most importantly, have protected his name, likeness, and associated imagery by registering trademarks. The short answer is no.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

Kashishipr

AUGUST 3, 2022

Whether you are considering filing your first Trademark Application or you own plenty of Registered Trademarks , you must know and understand that the first step to getting your trademark is distinctiveness. What is Trademark Distinctiveness & Why Does it Matter? How to Come Up With a Distinctive Trademark?

Trademark 52

Trademark Registering Trademarks Registration Branding 52

IP and Legal Filings

JANUARY 22, 2023

It is simply the unauthorised use of the exclusive rights associated with a registered trademark without the owner’s or licensees’ consent. They might improperly profit from the well-earned reputation of the registered trademark. On the other hand, Defendant No. 1 is Imperial Cycle Mfg. Defendant No.

Trademark 76

Trademark Registering Trademarks Social Media Business 76

IP and Legal Filings

MARCH 28, 2023

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. This is known as trademark dilution. Blurring Tarnishing 1.Blurring

Trademark 70

Trademark Branding Brands Branding 70

Kashishipr

AUGUST 24, 2022

By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. Relationship between Trademark Law & the Hospitality Industry.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. Image Source: iStock]. But then why are colour marks controversial?

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

FEBRUARY 16, 2023

As a result of this, the consumer start recognising the product due to its strong reputation and constant quality which helps the producer itself, this helps to determine the origin of goods or services provided by a producer or the service provider and functions as an advertising tool. Co Pvt Ltd.

Trademark 52

Trademark Registration Registering Trademarks Advertising 52

IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. Under The Trademarks Act 1999, a trademark if registered comes to be known as a registered trademark.

Trademark 75

Trademark Service Mark Registration Registering Trademarks 75

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. It recognizes the corporate identity of the brand. To sell the product, using the brand name makes it a trademark. Acquiring Secondary Meaning.

Trademark 105

Trademark Registration Branding Brands 105

43(B)log

FEBRUARY 15, 2022

But we're here for the trademark parts of the case! BoostLash” is a registered trademark for “non-medicated eyelash growth serum.” The court found that WooLash and BoostLash were not confusingly similar and that the keyword advertising was not infringing. They allegedly copied Woo’s “business things” for Boost.

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Registering Trademarks Confidentiality Trademark Advertising 72

IIPRD

NOVEMBER 22, 2023

They by using social sites such as Instagram, Facebook, YouTube, Twitter, Snapchat , and many other,create ad revenue, brand endorsement prospects, as well as other income sources. Content creators should first procure explicit authorization from any company whose brand name, emblem, or merchandise appear in a post, webpage or clip.

Social Media 59

Social Media IP Intellectual Property Copying 59

IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. Entertainment v. Entertainment Pvt.

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

Kashishipr

SEPTEMBER 22, 2021

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. What is Trademark Licensing?

Licensing 105

Licensing Trademark Branding Brands 105

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. It currently accounts for about 15% of the entire revenue spent on global advertising. Remember, posting content that contains someone else’s logo, product name, or trademark may infringe upon their IPRs.

Social Media 52

Social Media Intellectual Property Registration Branding 52

IP and Legal Filings

SEPTEMBER 21, 2022

They provide protection to our brand or product by giving them a distinct identity then others, which saves it from third-party usage. The identity which they create in the market makes it easier for the customers to find the product of the said brand, logo, etc., Thus, A Trademark is a really important asset for the business.

Trademark 52

Trademark Registering Trademarks Business Marketing 52

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

Selvam & Selvam Blog

OCTOBER 31, 2021

A trademark can be referred to as a recognizable sign, word or symbol that can be used to denote and distinguish a specific product or service from others. Another reason for genericization of trademark is when a product is easier to be identified with reference to the trademark rather than the actual name of the product.

Trademark 52

Trademark Cease and Desist Registering Trademarks Branding 52

Kashishipr

SEPTEMBER 7, 2022

When we talk about building brand image and attraction, fashion companies put in a lot of time, money, effort, and hard work. Trade dress protection falls under trademark law as the design functions as a trademark, i.e., identifying a product emerging from a specific fashion house or fashion designer.

Trademark 52

Trademark Designs Design Marketing 52

SpicyIP

AUGUST 30, 2021

and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. s copyright and registered trademark by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

Kashishipr

JUNE 4, 2021

QR codes originated in the automotive industry and are now commonly used in advertising, payments, product tracing, and detection of counterfeits, etc. Can we Trademark QR Codes? However, if you incorporate a QR code into a logo, you can file a Trademark Application to register that logo. Judicial Viewpoint.

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Trademark Intellectual Property Registration Trademark Law 97

SpicyIP

MARCH 25, 2024

Also, the plaque carried a fork, knife, and plate symbol (see also image 2) which was introduced by Michelin in the 2016 edition of the Paris Michelin Guide, as a brand new L’assiette’ or The Plate symbol to recognise restaurants that ‘simply serve good food’. As an IP enthusiast, the author perceives this as a trademark matter.

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

Kashishipr

AUGUST 18, 2021

These intangible assets are often used in collaboration with other marks by the formation of a trademark portfolio, which consists of marks sharing a few characteristics and belonging to one entity. The issue of the distinctiveness of a family of trademarks was brought forth in the case of Pure & Simple Concepts, Inc.

Trademark 105

Trademark Registration Branding Brands 105

LexBlog IP

FEBRUARY 26, 2023

The first trademark registered under this system was a Bass Brewery’s red triangle in 1876. The red triangle was chosen because it was easily recognizable and stood out on advertising materials. However, trademark protection in the U.S. However, trademark protection in the U.S.

Trademark 52

Trademark Designs Design Journalism 52