Kashishipr

MARCH 2, 2022

No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark. Furthermore, it will also never enforce your trademark rights on your behalf. It implies that the onus lies with the trademark holder to prevent others from infringing upon his trademark rights.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

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.

Branding 52

Branding Brands Branding Trademark 52

Kashishipr

JUNE 1, 2022

For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity.

Designs 45

Designs Design Registration Contracts 45

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

IP and Legal Filings

MAY 24, 2024

The dispute revolved around an antediluvian luxury handbag brand ‘Hermès’ and artist Mason Rothschild for his avant-garde creation called MetaBirkin NFTs. Hermès vs Rothschild: A Bird’s Eye View Before going over the verdict with a fine-tooth comb, here is a brief recollection of facts for the readers (it’s been more than a year after all).

Non-Fungible Tokens 79

Non-Fungible Tokens Trademark Art Branding 79

Kashishipr

JULY 20, 2022

Bernard Kelvin Clive, a well-known brand strategist, once said that strong brands aren’t built through shortcuts and copycats. In the 21 st century, the Oreo cookie is the best-selling cookie brand worldwide. Let us discuss a few of them. Such results talk about Xiaomi being a poor imitation of the tech giant Apple Inc.

Branding 52

Branding Brands Branding Marketing 52

Kashishipr

APRIL 13, 2022

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

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

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

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

43(B)log

MARCH 14, 2024

We are fiercely protective of the Crocs brand and our iconic DNA. We have zero tolerance for infringement of our intellectual property rights or for anyone who tries to benefit off the investments that we have made in our brand,” said Daniel Hart, Executive Vice President and Chief Legal & Risk Officer at Crocs.

False Advertising 59

False Advertising Advertising Advertising Branding 59

IPilogue

FEBRUARY 14, 2022

Consumers are more willing to try out new things if they are assured that the new product is comparable or superior to those made by well-known brands. In 2019, Quebec wine producer Société de Vin Internationale Ltée (“SVI”) faced a copyright and trademark infringement claim raised by its competitor, Constellation Brands U.S.

Advertising 105

Advertising Advertising Trademark Branding 105

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. It further added that an individual could either own a registered trademark or copyright but not both.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

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.

Trademark 86

Trademark Social Media Advertising Advertising 86

Kashishipr

MARCH 16, 2022

One way in which the real estate owners designate the boundaries of their assets, which is the land, is by putting a fence around it. If any unauthorized person or party enters such a safeguarded piece of land, it is referred to as trespassing. If any unauthorized person tries crossing that fence, it is referred to as IP Infringement.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

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

azrights

NOVEMBER 17, 2021

The law is not there to reduce competition by giving a monopoly right over generic, common category terms and elements to a single brand owner. For example, Pizza Express is trademarked. Obviously, this doesn’t stop anyone else who sells pizza from using the word pizza to describe their offerings or as part of their brand names.

Trademark Law 52

Trademark Law Trademark Law Branding 52

azrights

APRIL 22, 2021

I stressed the importance of early IP advice in my first book, Legally Branded published in 2012, and created this animation video to highlight the significance of IP. This is a reference to the digital economy, and the pace of this revolution has only increased now because of the Coronavirus. The Azrights animation video.

IP 52

IP Intellectual Property Branding Brands 52

Kashishipr

OCTOBER 19, 2022

A trademark exists in the form of an expression, slogan, or any other sign identifying the services or products of one business and distinguishing them from those of others in the market. As people associate a trademark with a brand or business, it serves as an intangible asset to your company or organization.

Trademark 52

Trademark Branding Brands Branding 52

Corsearch

MARCH 13, 2023

Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. So, will other content creators, brands, and consumers be able to use Mickey Mouse in their own works? References [1] [link] [2] [link] [3] [link] Oswald the Lucky Rabbit. The short answer is no.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

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. Indeed, the evidence shows that, in ordinary parlance, the term “good meat” is used routinely to refer to the concept of sustainably sourced meat.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades. Eligibility Criteria for Trade Secret Protection.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Judgment of Indian Courts on Color Marks.

Trademark Law 105

Trademark Law Trademark Law Branding 105

LexBlog IP

FEBRUARY 26, 2023

I asked: “ What were the first trademarks? “ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, trademark protection in the U.S.

Trademark 52

Trademark Designs Design Journalism 52

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

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

SpicyIP

FEBRUARY 12, 2024

Introduced to incorporate the Jan Vishwas Act amendments within the Trade Marks Act, the proposed Rules prescribe an adjudication mechanism to hear complaints alleging false representation of a mark as a registered trademark. Read Tejaswini’s post on the recent DHC order concerning these two liquor brands.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Corsearch

AUGUST 30, 2023

We’ve put together a comprehensive glossary of trademark terms for both seasoned practitioners and those that are new to the field. Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. Patents protect novel products or processes, trademarks safeguard unique branding elements like logos or names, while copyrights secure original creative works.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

IIPRD

SEPTEMBER 17, 2021

The famous brand Lays, during the ICC World Cup 2011 launched 6 new flavors, named after the countries playing the match, India, Sri Lanka, West Indies, Australia, England, and South Africa. COPYRIGHT OR DESIGN. It is possible for a product to fall under both Copyright and Design categories. TRADEMARK.

Editing 52

Editing IP Artistic Work Designs 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. Relationship between Trademark Law & the Hospitality Industry.

Trademark 52

Trademark Branding Brands Branding 52

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

Technology & Marketing Law Blog

JUNE 21, 2023

Many trademark attorneys and professors hoped the Supreme Court would provide more guidance on how to resolve conflicts between trademark and free speech rights in Jack Daniel’s Properties, Inc. VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

Kashishipr

JULY 27, 2022

The term ‘ Intellectual Property (IP) ‘ basically refers to the creations of the human mind that are intangible in nature. In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. Now let us define IPRs.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

IPilogue

OCTOBER 21, 2021

The phrase “James Bond 007” (“Bond Mark) is a registered trademark for, among other things, “entertainment services by way of motion picture”. This suggests that all Bond movies are produced under a Trademark license that permits the filmmakers’ use of the Bond Mark in their films.

Trademark 111

Trademark Licensing Registering Trademarks Intellectual Property 111

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52