Corsearch

NOVEMBER 15, 2022

For brands and rights holders, these technologies mean a change in consumer behavior, a shift towards more immersive digital engagement with their customers, and an array of new business opportunities. However, we’re already observing complex IP and brand protection challenges, and it’s important businesses plan their strategies carefully.

Branding 52

Branding Brands Branding Non-Fungible Tokens 52

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

Social Media 90

Social Media Ownership Contracts Privacy 90

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Corporations must establish online identities, such as logos, slogans, product names, and brands, to build consumer awareness, loyalty, and trust.

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Trademark Social Media Advertising Advertising 86

SpicyIP

JANUARY 30, 2024

What if we tell you that there is a drug that is used for treating diabetes, but has a similar/ almost identical brand name as another drug used for treating a type of cancer. Eerily the issue of similar brand names for different drugs treating different ailments is pretty common in India. Surprising, isn’t it?

Branding 116

Branding Brands Branding Social Media 116

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

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone.

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Trademark Advertising Advertising Branding 111

Intepat

JULY 4, 2023

Given YouTube’s aforementioned popularity, protecting brands from unauthorized use or reproduction on the platform becomes essential. Since the brand value is often connected to YouTube Business, trademark registration increases the value of the YouTube brand. What constitutes a YouTube Trademark Infringement?

Trademark 52

Trademark Social Media Branding Brands 52

IPilogue

NOVEMBER 22, 2022

While Bolt’s trademark registration is for the design mark rather than the pose, the use of poses and gestures in branding can potentially bring a new wave of “unusual” trademarks, especially as social media and technology have spread previously unthought-of but recognizable traits.

Trademark 59

Trademark Social Media Branding Brands 59

Kashishipr

APRIL 27, 2022

With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. The most critical aspect that may be subject to the Trademark Protection of a motion mark is the succession of images in the said mark.

Registration 105

Registration Trademark Branding Brands 105

SpicyIP

AUGUST 16, 2021

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. Satchit Bhogle.

Social Media 72

Social Media Personality Rights Law Branding 72

Corsearch

FEBRUARY 14, 2023

A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset. It’s no surprise then that is a constant race to seek trademark ownership and registration of popular holiday names — but is owning a holiday name even possible? The trademarks are FRANCES VALENTINE and FV.

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

IIPRD

OCTOBER 28, 2023

However, outside the realm of brand marketing, when celebrities make use of a phrase, to the point of it becoming associated to them, it becomes a catchphrase of their own. Bregoli instantly became an internet meme worldwide, and her catchphrase gained much media attention, getting her worldwide recognition as the “Catch me outside girl.”

Copyright Law 59

Copyright Law Branding Brands Branding 59

The IPKat

APRIL 17, 2024

These and approximately 30 other motifs were then sold as oil paintings, posters, canvas prints, and replicated on a variety of merchandise, promoted on social media, and sold both in the gallery and online. Court’s decision The case was filed as a preliminary injunction.

Trademark 73

Trademark Artwork Social Media Trademark Law 73

Selvam & Selvam Blog

APRIL 5, 2022

The power of the internet, in particular that of social media is humungous. 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.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

IP and Legal Filings

MAY 13, 2023

Using the name or image of a celebrity for brand advertisement or promotion in the US does not always attract liability, provided the brand is not falsely misleading the public that the celebrity endorses the product. Spelling-Goldberg Prods., where the former takes precedence over publicity rights, while the latter may not.

Personality Rights 83

Personality Rights Privacy Trademark Law False Advertising 83

IP and Legal Filings

MAY 17, 2024

The concept of passing off under trademarks law was used to provide relief to the plaintiff. The IT (Intermediary Guidelines and Digital Media Ethics) Rules place responsibility on the Social Media Intermediaries to ensure that no prohibited content is allowed to be published or circulated on their platforms.

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Below are some takeaways for both artists and sellers of NFTs, as well as brand owners. That is not true. ” ( Id. at *17-18.) ” ( Id.

Litigation 52

Litigation Artistic Work Branding Brands 52

Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. Under this Act, Sec.

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Branding Brands Branding Personality Rights 98

Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ Social Media Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.

Social Media 80

Social Media Contracts Ownership Business 80

IP and Legal Filings

FEBRUARY 7, 2023

This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. Their rights will be protected thanks to the metaverse brands’ trademarks. By deterring rip offs, trademarks safeguard a company’s identity and the repute of its brand(s), especially in the Metaverse.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

Kashishipr

JANUARY 12, 2022

All ardent social media users are aware of the latest trend of using hashtags to spread the word across a wide range of users for bolstering consumer engagement. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

IPilogue

OCTOBER 28, 2021

Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc. Scary Issues with Licensing and Trademarks. Although costumes are generally not afforded copyright protection, trademark laws still prevent retailers from selling and marketing unlicensed versions of costumes using the names which they are based on.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Garrigues Blog

OCTOBER 25, 2021

Right now we are living the intangibles revolution: social media, online shopping, on screen greetings, audio messages and meetings via platforms. So, when their digital self attends an online class or chats on social media, they can choose which t-shirt to wear from the items stored in their digital wardrobe.

Non-Fungible Tokens 59

Non-Fungible Tokens Social Media Intellectual Property Intellectual Property Law 59

SpicyIP

JULY 2, 2021

Since there are many companies in the world and there are only a handful of shapes and designs that can be used in any standard logo, there should be considerable flexibility in the copyright and trademark law. Further, the two brands are in different sectors. Herein, the social media also played a very crucial role.

Branding 66

Branding Brands Branding Trademark 66

IPilogue

DECEMBER 17, 2021

However, British artist Stuart Semple considers Tiffany Blue as being held captive through trademark law. Semple has been “liberating colours since 2016” , with previous paints replicating trademarked colours including International Klein Blue , T-Mobile Magenta , and Blackest Black.

Trademark 112

Trademark Social Media Art Ownership 112

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.

Blogging 103

Blogging Trademark Fair Use Trademark Law 103

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.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

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. Power Ventures involved a social media aggregator’s consensual use of its users’ Facebook passwords to access their Facebook accounts.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Traverse Legal Blog

MAY 1, 2022

Traverse Legal’s Attorneys are globally recognized for their experience and results in the legal areas of: Complex Litigation , Internet Law , Trademark Law , Business Law and more. Contact us today for more information about our social media, brand and influencer legal services.

Trademark 59

Trademark Due Diligence Intellectual Property Social Media 59

IP and Legal Filings

JUNE 12, 2023

To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectual property (IP) protection as a means of establishing or maintaining their leadership in the industry. IP provides a wide range of tools that can help businesses stand apart from the competitors.

IP 76

IP Intellectual Property Trademark Designs 76

43(B)log

FEBRUARY 19, 2022

NAACP—these courts very clearly say that trademark law applies to commercial speech, defined as it is in First Amendment case law, and not to noncommercial speech. Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

Trademark Law 72

Trademark Law Trademark Art Branding 72

SpicyIP

JANUARY 2, 2022

In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. The Division Bench reiterated that what makes something a trademark is the power to distinguish a product from others.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

FEBRUARY 20, 2024

The complaint claims that artificial intelligence-created deepfakes of Anil Kapoor and his name-branded websites defraud customers. Judgement of the court Fame, as the Honourable Justice noted, can have negative outcomes, including the erosion of people’s rights to privacy, a way of life, and social dignity. link] Neethling, J.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

43(B)log

MAY 22, 2023

Appellants, current and former professional models, appealed their summary judgment loss on a variety of claims arising from the use of their images in social media posts promoting a “gentlemen’s club” operated by EIE. Their social media footprints range from several thousand to a few million followers. 59 Murray Enters.,

Social Media 49

Social Media False Advertising Advertising Advertising 49

43(B)log

NOVEMBER 8, 2023

VIP Products, the Court held that it did not need to apply or even decide the validity of a speech-protective limit on trademark law designed to prevent trademark owners from shutting down expressive works that comment on trademarks, known as the Rogers test.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

IP and Legal Filings

FEBRUARY 21, 2022

Trademark law encapsulates such territorial jurisdiction under Section 134 of the Trademarks Act, 1999 [1] ( hereinafter “Trademark Act”). However, it did not deal with crypto currency under any brand name or trade mark. Introduction. On the other hand, Defendants 1 and 2 were situated in the U.K.

Social Media 52

Social Media Trademark Law Marketing 52

LexBlog IP

JUNE 21, 2023

Of course, each use stems from the shorter phrase “make your mark,” embodying the mere notion of the archer hitting the target , or maybe even the less educated simply indicating agreement with an initial, an X, or a cross , or at times a craftsman adding “ a maker’s mark—essentially personal branding.”

Registration 52

Registration Trademark Trademark Law Law 52