JD Supra Law

FEBRUARY 16, 2023

Is it “hashtag law,” as the PTO examiner suggested would be the most common understanding, or “pound law,” as alleged by the unsuccessful registrant of #law as a service mark. And to what does it refer: a hashtag for a social media topic, or a number that can be dialed from a mobile phone to reach an attorney referral service?

Trademark Law 52

Trademark Law Law Social Media Service Mark 52

SpicyIP

JANUARY 2, 2024

M P Ram Mohan is a Professor in the Strategy Area at the Indian Institute of Management Ahmedabad and Aditya Gupta is a lawyer by training and is presently working on issues that fall at the intersection of IP law, freedom of expression, and business strategy.

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Trademark Law Trademark Law Registration 59

Garrigues Blog

FEBRUARY 5, 2024

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. They claimed the lawfulness of such use under the limitations specified in Article 37 of the Trademark Law, both in its original version and as modified by Directive 2015/2436.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

Technology & Marketing Law Blog

MARCH 6, 2024

Causation, as used in the traditional sense, refers to the connection between the tort and the plaintiff’s harm. I’m also left wondering about possibly divergent applications of copyright and trademark law to print-on-demand services. This plaintiff emphasized copyright law but got little traction.

Copyright 100

Copyright Trademark Law Publishing Copyright Infringement 100

43(B)log

JUNE 24, 2022

Does the ornamentality doctrine have doctrinal purchase elsewhere in trademark law? But in German law TM use is a requirement for infringement. By reference to consumers in this market: claimants argued it’s now usual to print TMs all over a luxury product; court of justice said this was a different market, for hoodies.

Trademark Law 56

Trademark Law Law Trademark Fair Use 56

43(B)log

JUNE 24, 2022

Things like THE show TM’s inability to distinguish recognition of a reference from source-indicating significance. Losing that distinction was a mistake and it’s the reason we lack normative language to talk about things that aren’t marks. We should try to recover that; even some degree of source identification is not the end of the story.

Trademark Law 75

Trademark Law Law Trademark Registration 75

JD Supra Law

NOVEMBER 9, 2022

Article 4 of the Trademark Law stipulates that "the use of the trademark referred to in this Law refers to the use of the trademark on goods, goods packaging or containers and goods transaction documents, or the use of the trademark in advertising, exhibitions and other business activities for the identification of the source of goods."

Trademark 52

Trademark Trademark Law Advertising Advertising 52

JD Supra Law

OCTOBER 19, 2022

A color combination trademark refers to a trademark composed of two or more colors in a certain proportion and in a certain order, which can be registered and protected in China since the amendment of the Trademark Law in 2001.

Trademark 65

Trademark Trademark Law Law 65

IP Watchdog

JANUARY 14, 2022

The International Trademark Association (INTA) has made an amicus submission before the EU Court of Justice (CJEU) in a case concerning parallel imports and EU trademark law. In the case at hand, Harman, which makes audiovisual equipment, brought trademark infringement proceedings in Poland against AB, a distributor.

Trademark 126

Trademark Marketing Marketing Trademark Law 126

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. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

IP and Legal Filings

MAY 18, 2023

However, the Defendant disputed the Plaintiff’s claim of a monopoly over the hipster tag and design features, arguing that “hipster” referred to a person who carried a hip flask during prohibition – a prior art. To clarify, the law does provide protection against consumer deception through design imitation.

Designs 76

Designs Design Art Trademark Law 76

IPilogue

OCTOBER 7, 2021

The glacier is referred to by the Comox people as “Queneesh”, or white whale, and refers to the creature which tied the early Comox people to their territory during a great flood many of thousands of years ago. The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”.

IP 105

IP Intellectual Property Trademark Law Ownership 105

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

The IPKat

APRIL 17, 2024

The court's analysis focused on trademark law, finding Irma's figurative trademark registrations of the Irma Girl and the "Irma" and "Coop" word marks undoubtedly well-known and owned by Coop, thus fulfilling the first condition for an injunction. Court’s decision The case was filed as a preliminary injunction.

Trademark 73

Trademark Artwork Social Media Trademark Law 73

IPilogue

DECEMBER 21, 2022

The “generic” ground in trademark law refers to a description of an entire type of product or service that fails to carry out the proper function of a trademark to distinguish one product or service from another. SMART KEYBOARD is thus generic and cannot become a trademark. Apple is not giving up.

Trademark 105

Trademark Registration Technology Trademark Law 105

IP and Legal Filings

SEPTEMBER 19, 2023

Conclusion In conclusion, trademark laws in India provide for the registration and protection of trademarks, as well as the procedures for the infringement and opposition of trademarks. Maccoffee first appeared on IPLF.

Trademark 86

Trademark Intellectual Property Registration Registering Trademarks 86

Kashishipr

MARCH 2, 2022

Therefore, any action that dilutes the essence and meaning of a registered trademark can lead to its cancellation. Keeping a regular watch on the market for unauthorized use and reproduction of similar or identical marks goes a long way towards safeguarding trademark rights. Let us understand the term better with a few examples.

Registering Trademarks 105

Registering Trademarks Trademark Registration Trademark Law 105

LexBlog IP

JANUARY 10, 2024

This webinar will provide actionable takeaways for your legal practice in 2024, from doctrinal shifts in the application of trademark law to technicalities in TTAB procedure. Learn how these developments will impact the ongoing protection, maintenance, and enforcement of trademarks in the United States and beyond.

Trademark 52

Trademark Trademark Law Litigation Business 52

IP and Legal Filings

AUGUST 29, 2023

Can their names be officially protected under trademark laws?At At first, it might seem a little confusing as Trademarks are like- ‘special signs’ that help us know where products or services come from. Imagine a place where a tea stall named “Chai Chai Chronicles” warmly invites you to enjoy a cup of tea.

Trademark 87

Trademark Trademark Law Law Advertising 87

LexBlog IP

NOVEMBER 7, 2023

trademark law for distinctive visual element(s) to become a trademark, i.e., an identifier of source for a particular party’s goods or services. trademark, No. trademark, No. As we’ve written about in prior posts , it’s possible under U.S.

Television 52

Television Intellectual Property Trademark Designs 52

IP and Legal Filings

MARCH 5, 2024

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

Trademark 86

Trademark Social Media Advertising Advertising 86

IP and Legal Filings

MAY 13, 2023

While the court in Titan Industries did not require proof of falsity, confusion or deception, the Gautam Gambhir court emphasized the need for evidence to establish confusion and disrepute, potentially due to the case being analyzed under trademark law. Interestingly, the court in Gautam Gambhir v. . &

Personality Rights 83

Personality Rights Privacy Trademark Law False Advertising 83

IPilogue

AUGUST 9, 2021

A sound can be registered as a trademark if it fulfills the function of a trademark, namely, indicating the origin of the goods and services. Even if it is a well-accepted practice in trademark law, the inherent characteristics of a sound differentiate them from word or design marks.

Trademark 106

Trademark Trademark Law Intellectual Property Registration 106

IP and Legal Filings

MAY 17, 2024

The concept of passing off under trademarks law was used to provide relief to the plaintiff. The concept of passing-off under Trademark law can be applied if the person concerned is a well-known figure. Passing-off refers to misrepresenting someone else’s goods as one’s own. In Amitabh Bhachchan v.

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. This is referred to as a proposed new ‘patent disclosure requirement’.

Designs 117

Designs Design Intellectual Property Licensing 117

LexBlog IP

OCTOBER 3, 2023

This article considers a sub-category of trademark law that allows for some interesting board game protection. Trade Dress is an often-overlooked facet of Intellectual Property law that holds significant value for board game inventors and can offer a unique layer of protection for your board game. What is Trade Dress Protection?

Trademark 52

Trademark Intellectual Property Intellectual Property Law Inventor 52

The TTABlog

FEBRUARY 6, 2024

Goodyear, Acting Assistant Professor at New York University School of Law and Fellow at the Engelberg Center on Innovation Law Policy, provides an enlightening analysis of the impact of Matal v. Brunetti on the registration of trademarks that refer to LGBTQ+ persons. Tam and Iancu v.

Trademark 70

Trademark Registration Trademark Law Law 70

Patently-O

NOVEMBER 17, 2023

This requirement stems from the core purpose of trademark law, which is protecting the ability of consumers to readily identify the sources of goods and services. If a mark fails to function as a source identifier, it cannot be registered as a trademark under the Lanham Act. ” Jack Daniel’s Props.,

Trademark 63

Trademark Registration Trademark Law Service Mark 63

IP and Legal Filings

NOVEMBER 1, 2023

However, Apple is a well-established and widely recognized brand that invests a considerable amount of money in safeguarding its trademark against any potential dilution. Dilution can be understood as giving the owner of a famous trademark standing to forbid others from using that mark by others to protect its exclusivity.

Trademark 91

Trademark Registering Trademarks Branding Brands 91

SpicyIP

MAY 15, 2024

The same could be said about Google’s Ads program wherein it seems to have successfully charted through the trademark laws to smoothly bypass them in allowing firms to bid for their competitor’s trademark as a keyword for their advertisement.

Trademark 59

Trademark Advertising Advertising Blogging 59

SpicyIP

AUGUST 31, 2023

While this argument appears compelling in terms of product usage, trademark law places greater emphasis on the “likelihood of confusion” at the time of purchase. However, using another brand name or trademark alone does not amount to disparagement. Let’s explore how confusion may arise, if at all.

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Trademark Advertising Advertising Branding 111

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

JANUARY 11, 2024

The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks. CHALLENGES Olfactory markings have certain particular challenges under Indian trademark law. REFERENCES Pan, Y., Research on the distinctiveness examination criteria of scent trademarks.

Trademark 90

Trademark Intellectual Property Branding Brands 90

TorrentFreak

DECEMBER 22, 2022

The listed URLs appear to reference video content, but TIR uses trademark terminology instead. “Each of the 65 Infringing Links reflects the registered family of trademarks for. In the meantime, the brief list below is included for reference, including links to law exactly as cited in the complaint.

Privacy 117

Privacy Copyright Infringement Trademark Copyright 117

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

The IP Law Blog

DECEMBER 15, 2023

Mariah Carey has widely been referred to by fans as the ‘Queen of Christmas,’ but when she attempted to trademark the title last year, it was met with pushback from another singer and songwriter who claimed to hold the same title. Scott Hervey and Tara Sattler discuss this dispute on this Holiday edition of The Briefing.

Editing 62

Editing Trademark Trademark Law Law 62

Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Consumers stop referring to the trademark as a proper noun for the brand owner’s product but refer to it as a common noun to mean a product category.

Trademark 105

Trademark Branding Brands Branding 105