SpicyIP

DECEMBER 11, 2023

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? The DHC’s verbose order distinguishing between ‘goodwill’ and ‘reputation’ resets the debate on the fundamentals of transborder reputation claims in trademark litigation.

Trademark 103

Trademark Fair Use Moral Rights Art 103

Patent Trademark Blog

APRIL 5, 2022

First, the mark in the new application must be identical to the canceled or expired registered trademark. Second, the goods or services in the new application must be identical or narrower than those in the canceled or expired trademark registration. What situations would not support making a trademark application special?

Trademark 52

Trademark Cease and Desist Registration Patent Application 52

Plagiarism Today

OCTOBER 26, 2021

Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”.

Trademark 243

Trademark Copyright Cease and Desist Copying 243

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

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

SEPTEMBER 21, 2022

The Trademarks Act, 1999, as: Section 29 of the act states that, the infringement of Trademarks is caused when: When the mark is similar or identical to the trademark that is registered or it has been used in relation to the similar kind of business or services.

Trademark 52

Trademark Registering Trademarks Business Marketing 52

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

Kashishipr

JULY 13, 2022

In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

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

azrights

OCTOBER 27, 2021

While Coca-Cola litigated against these copyists, the cases took years to produce results so Coca Cola decided to develop a unique bottle shape that even illiterate customers would be able to distinguish from imitators. Registered IP rights give a business access to speedier and more effective legal remedies. Litigation.

Branding 52

Branding Brands Branding Copying 52

LexBlog IP

APRIL 19, 2023

A mistake commonly made by Amazon sellers is putting the seller’s trademark on a product that was originally made by a third party without ensuring proper authorization was obtained from the third party to do so. This can lead to expensive “false marketing” litigation. Registering trademarks with the U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

NOVEMBER 10, 2022

The Court of Rome sets a landmark precedent by granting an injunction against the creator of NFTs displaying images of a football player, reproducing without authorization the registered trademarks owned by Italian football club Juventus FC. Key legal takeaways. The judgement by the Court of Rome is notable in a number of respects.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Marketing Marketing 52

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. The Difficulty Faced in Proving Secondary Meaning.

Trademark 52

Trademark Designs Design Marketing 52

SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. Dialmytrip Tech Private Limited Highlighting the role of behavioral science in trademark litigations, Mathews argues that the terms “make” and “dial” invoke different emotions and thus do not cause confusion. Sidhi is a final year B.A.

IP 59

IP Trademark Advertising Advertising 59

SpicyIP

MARCH 25, 2024

Since the Indian Trademark Registry website is inaccessible because of ‘scheduled maintenance activity’, the author couldn’t verify the registration status of ‘Michelin Star’ in India. The Delhi-based restaurant’s wrongful display of the ‘Michelin plate’ plaque misrepresents its status to the public.

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

Intepat

DECEMBER 6, 2022

The Appellant had been using the mark since 1981 and had gained popularity due to resources employed in advertisements and promotional activities. Having found that the Respondent was operating hotels under the name “Sai Renaissance” in Bangalore, they alleged that this was an infringement of their trademark and sought damages.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

SpicyIP

AUGUST 22, 2021

s copyright and registered trademark. The suit further claimed that the Defendant must be constrained from producing, packaging, trading or transacting, or lastly advertising, while dealing in medicative commodities or other products of any description, which bear the mark ‘RESPULE’, because the said mark is owned by the Plaintiff.

Marketing 139

Marketing Marketing Trademark Registering Trademarks 139

Kashishipr

AUGUST 10, 2022

Where an individual or an entity attempts to infringe upon your IP assets or contests your ownership, he can offer valuable guidance and support throughout the evidence gathering and litigation process. Another crucial field where blockchain can be utilized is Intellectual Property (IP). Why is IP Protection Such an Imminent Concern?

Intellectual Property 52

Intellectual Property Ownership Contracts IP 52

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Likewise, it makes no sense for a company not to have a firm understanding of its potential intellectual property assets.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

MARCH 5, 2023

In contrast to the Plaintiff, who produces items using the RPG marks, they are using the names “RPG Opticals” for advertising, wholesale and retail of optical lenses, and “RPG Pharmacy” for pharmacy and dispensary services.

Trademark 52

Trademark Registration Business Social Media 52

43(B)log

FEBRUARY 16, 2024

Indeed, in recent years the Supreme Court has repeatedly emphasized the multiple benefits of registration to a trademark claimant, including in the recent cases of Matal v. I’ve left out the parts specific to registered trademarks and the reference to treaties. Tam and Brunetti, striking down various bars on registration.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

FEBRUARY 4, 2022

Plaintiffs saw an advertising for Defendants’ syrup/sharbat, which had the mark ‘DilAfza’ on it and was packaged in deceptively similar ringlet bottles to the ‘RoohAfza’ bottle.As Since 1949, the defendant corporation has been in the business of producing Unani medicines, syrups, and botanical items.

Registration 63

Registration Trademark Trademark Law Marketing 63

Technology & Marketing Law Blog

JUNE 21, 2023

As I noted on Twitter , nothing in the opinion suggests that the display of parodies, jokes, or other messages on the surface of toys, T-shirts, or other types of expressive merchandise would, by itself, constitute a trademark use of another’s mark or trade dress.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. registered trademarks: Elohim—4.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52