azrights

JUNE 7, 2022

If you design IP protection into the business through your agreements, choice of brand name and other identifiers you strengthen your position against the most common and damaging forms of copying in business. Lack of appreciation about what ‘brand’ and ‘IP’ mean and entail is why better education on brand creation is essential.

Marketing 59

Marketing Marketing Business Designs 59

azrights

JUNE 19, 2023

However, clients who are initially satisfied with a service can later become dissatisfied once they learn more about branding… This happened to me. Nearly 10 years ago a designer acquaintance approached me to offer her “brand refresh” service. So, I wished I hadn’t let her make such radical changes.

Branding 52

Branding Brands Branding Designs 52

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints). .'” ” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints). The trademark registrations discourage that outcome.

Trademark 108

Trademark Fair Use Registration Licensing 108

43(B)log

FEBRUARY 24, 2024

A variant of separating the mark from the brand; not seeing it in all categories, and we may have a world in which some marks—maybe the 1%--are not divided from brands but the others are. Even if we live in a world with other sources of info, maybe we still like TMs. Human desire for TMs? Human desire for TMs?

Fair Use 45

Fair Use Branding Brands Branding 45

azrights

MAY 10, 2022

Trademark disputes often arise for those who are unaware of IP, with a consequent need to rebrand. Not understanding the role of Brand Names in Business led to China Tang having to rebrand even though they had been using the name for 12 years. The purpose determines what your brand values need to be. Business is hard.

Business 98

Business Branding Brands Branding 98

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (TDRA). The Ninth Circuit just made a mistake as to this. VIP Products LLC.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. § 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (TDRA). The Ninth Circuit just made a mistake as to this.

Branding 52

Branding Brands Branding Trademark 52

43(B)log

FEBRUARY 23, 2024

Even if you could navigate around capture, the scope one is harder b/c it’s systemic; you can’t give them deep knowledge on the infringement side. Two other decisionmakers in practice making lots more decisions: The UDRP panels in cybersquatting. What to make of this? Could make a penalty fee. We could increase the price!

Registration 59

Registration Branding Brands Branding 59

The IPKat

JANUARY 6, 2022

Retromark Volume X: the last six months in trade marks by Darren Meale Retromark turns ten volumes, making it about four and a half human years old. That it has now been so applied makes perfect sense and there is little reason to treat a domain name registration differently from a trade mark application in this context. Here we go!

Registration 96

Registration Cease and Desist Branding Brands 96

Copyright Lately

MAY 17, 2021

lawyers get the chance to review it”): Now, having watched the skit, it should be clear to most people that these are not the actual Muppets. But make no mistake, it would still be an uphill battle to overcome a fair use defense, notwithstanding the characters’ similarities. Are you sensing a pattern yet?)

Fair Use 96

Fair Use Copying Television Social Media 96

IPilogue

FEBRUARY 8, 2022

Trademarks are an excellent way to protect your brand. Unlike patents or copyrights which protect specific products or works, a trademark distinguishes your company from others. The important thing to remember with trademarks is that they must always function to identify your company as the source of the goods or services.

Trademark 106

Trademark Registration Registering Trademarks Branding 106

LexBlog IP

APRIL 12, 2023

” says Ben Chiriboga in writing about the essential skills that lawyers must have. I briefly mentioned Abitron here recently , but it deserves more attention in the context of defining the boundaries of US trademark laws and just on the notion of defining words. “Yes, the law is about words.,”

Law 52

Law IP Intellectual Property Copyright 52

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. Most have never really been lawyers. Dinwoodie and Janis taken out of context?

Trademark 45

Trademark Law Branding Brands 45