Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc.

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Blogging Trademark Fair Use Trademark Law 103

Technology & Marketing Law Blog

MARCH 4, 2022

This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image.

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Registration Blogging Trademark Privacy 120

Technology & Marketing Law Blog

NOVEMBER 27, 2023

I disagreed , and continue to think the Court will uphold the constitutionality of Section 2(c), but the question is what free speech doctrine(s) the Justices will use to make this determination and whether they will provide additional guidance on evaluating First Amendment challenges to trademark laws.

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Registration Trademark Blogging Law 74

JIPL Online

APRIL 7, 2021

ii] This blog post will (i) introduce the problem of counterfeit sports merchandise, (ii) provide a summary of trademark policy rationales and how they have been applied in the sports apparel context, and (iii) offer a proposed solution to the problem. [iii] In Scandia Down Corp. Euroquilt, Inc. ,

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Marketing Marketing Licensing Trademark Law 98

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

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Trademark Blogging Trademark Law Fair Use 100

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj & Ors. [4] Nakul Bajaj &Ors, [Civil Suit No.

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Marketing Marketing Trademark Registration 85

azrights

OCTOBER 18, 2021

Let’s begin by considering the terminology as it’s all too common when it comes to brands to find people have different meanings in mind. I’ll then explain the role of trademarks and why and how to be strategic with them. The Meaning of Brand. But brands have a third dimension or a third purpose. They save us time.

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Branding Brands Branding Trademark 52

IP Blog

JUNE 29, 2021

Foreign individuals or organizations filing for trademark registration in Pakistan may find themselves curious when faced with the obligation to indicate the mark's "date of first use" in their application. Here, we will unpack its legal requirements and implications and help you prepare to bring your brand into this burgeoning market.

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Trademark Law Trademark Law Branding 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG is a service built around the brand of a world-traveling man sipping champagne in first class, selling to the world his knowledge of the best rewards programs for credit cards and flights. That said, at least some of the issues raised by this lawsuit involve novel and interesting questions of law that have yet to be fully decided.

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Cease and Desist Blogging Contracts Social Media 121

Selvam & Selvam Blog

APRIL 5, 2022

When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. But what exactly is moment marketing? However, the concept of moment marketing is not new.

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Marketing Marketing Social Media Personality Rights 40

IP Tech Blog

NOVEMBER 30, 2022

This ground-breaking decision heralds the expansion of traditional fair use defenses to any trademark infringement claims where a defendant’s conduct relates, in any way, to the broad category of activity considered “expressive” under the First Amendment. VIP Products LLC. Neither of these prongs is easy [for a plaintiff] to meet.”.

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Branding Brands Branding Fair Use 57

Trademark and Copyright Law Blog

JANUARY 3, 2024

You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO. Maybe your filings are all in the US, but the EU and Brazil have become major markets for you. Similarly, if you expect to launch in new markets, lay the groundwork with a trademark application. Stay tuned!

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Trademark Registration Branding Brands 52

Technology & Marketing Law Blog

OCTOBER 5, 2023

Despite Emoji Company’s apparent confidence in the strength of its brand, the reality is that consumers looking to buy emoji-themed stickers are likely to search for the word “emoji.” This is not because they seek any Emoji-Company-branded products (licensed or otherwise). ” Trademark law does not restrict that usage.

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Trademark Fair Use Trademark Law Branding 121

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?

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Business Trademark Registration Cease and Desist 52

Technology & Marketing Law Blog

FEBRUARY 16, 2022

.” In other words, they sought to establish (using centuries-old chattel-based theft doctrines rather than trademark law) that a trademark owner has the unrestricted right to shut down anyone using their trademarks, even if no consumers are harmed. to see if it could find some soft spot in Georgia state law.

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IP Advertising Advertising Trademark Law 127

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner.

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Trademark Branding Brands Branding 105

Technology & Marketing Law Blog

MARCH 8, 2022

I explain my concerns with the SHOP SAFE Act in excruciating detail in this blog post from last year. For bonus coverage, see my blog post on the INFORM Act.]. * * *. academics with expertise in trademark law. The SHOP SAFE Act would do this by fundamentally changing trademark law. March 8, 2022.

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Trademark Trademark Law Law Blogging 126

Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ). Let us see it. Beatriz Ganso.

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Branding Brands Branding Registration 52

Kashishipr

MARCH 2, 2022

Therefore, even after a trademark office grants you your exclusive trademark rights, you must do your part to safeguard such rights well. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark. Non-Use of a Registered Trademark.

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Registering Trademarks Trademark Registration Trademark Law 105

Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Overview of Trademark Assignment.

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Trademark Branding Brands Branding 52

IP Tech Blog

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Here is why: New opportunities for growing your brand. Why you need new trademark registrations now. We are here to help you.

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Trademark Branding Brands Branding 57

Kashishipr

APRIL 27, 2022

The reason why there has been a sharp increase in moving logos being incorporated as trademarks by many companies is that the contemporary market is now innovating new products with sensory and unique experiences to leave a mark on their customers and develop a distinct and novel reputation. Motion Trademarks in India.

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Registration Trademark Branding Brands 105

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. A great example here is Apple.

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Trademark Registration Branding Brands 105

IPilogue

MARCH 6, 2023

While Louboutin’s products retail for JPY80,000 ($613) and over and fall within the luxury brand market, Eizo’s shoes occupy the affordable or no-name brand markets, with an average retail price of JPY17,000 ($130). The court also took issue with Louboutin’s market research. 2015-29921 ).

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IP Branding Brands Branding 59

SpicyIP

MAY 15, 2024

Malak is a third year law student from Rajiv Gandhi National University of Law, Punjab. In case any reader is interested, this order has previously been discussed on the blog here. This two-part post endeavours to counter and add a new perspective to the existing arguments on this blog, which can be found here , here and here.

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Trademark Advertising Advertising Blogging 59

IP Tech Blog

AUGUST 3, 2022

These branded goods are sold without the trademark owner’s consent for a much lower price than that of the official retailer. The consequences of such so-called “parallel imports” are well-known: the foreign brand and its official Chinese distributor suffer economic losses and the brand is diluted by cheap sales of parallel imports.

Trademark 57

Trademark Branding Brands Branding 57

Trademark and Copyright Law Blog

DECEMBER 19, 2022

You may have launched new brands or drastically redesigned your logo since you last interacted with the USPTO. Maybe your filings are all in the US, but the EU and Brazil have become major markets for you. Similarly, if you expect to launch in new markets, lay the groundwork with a trademark application. Stay tuned!

Trademark 52

Trademark Registration Branding Brands 52

Kashishipr

AUGUST 25, 2021

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., Protection for Limited Edition Products under Trademark Law. The post Limited Edition Products: Can they be Protected under IP Law? For more visit: [link].

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Editing Law IP Designs 105

IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

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Trademark Registering Trademarks Art Cease and Desist 104

Intellectual Property Law Blog

MARCH 13, 2024

The Offices found: To the extent that an NFT is associated with a copyrightable work, the creation, storage, marketing, or transfer of that NFT may implicate copyright owners’ exclusive rights. Trademark applicants, registrants, and practitioners need guidance regarding obtaining and enforcing trademark registrations in the context of NFTs.

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Reporting Non-Fungible Tokens IP Intellectual Property 130

LexBlog IP

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Here is why: New opportunities for growing your brand. Why you need new trademark registrations now.

Trademark 52

Trademark Branding Brands Branding 52

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. The same is then safeguarded under trademark law.

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Trademark Branding Brands Branding 52

Technology & Marketing Law Blog

AUGUST 5, 2022

We blogged this case twice before. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.”

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Social Media Ownership Branding Brands 99

IIPRD

FEBRUARY 6, 2024

Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill. Trademark Law in the Entertainment Industry When it comes to branding and selling entertainment-related goods and services, trademarks are crucial.

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Intellectual Property Cease and Desist Copyright Law Music 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.

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Trademark Designs Design Marketing 52

Kashishipr

AUGUST 18, 2021

Brought into commerce since the purchasing audience recognizes the common features of the many marks and contemplates that the goods or services originate from a common trademark owner. Therefore, the adoption of a series of marks to commercially market goods and services would not suffice the creation of a family of marks.

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Trademark Registration Branding Brands 105

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape.

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