LexBlog IP

MAY 15, 2023

Sessions are on a wide-variety of trademark and brand protection topics, including several tracks on IP and Innovation, including: Influencer Marketing: Balancing Regulation, Brand Protection, and Endorser Goals How to Foster Creativity and Innovation When Leading a Team A Cross-Atlantic View of Trade Dress Protection Global Networks, Opportunities, (..)

Social Media 40

Social Media Branding Brands Branding 40

SpicyIP

AUGUST 15, 2021

Topical Highlight. held that the defendant’s trade dress/label WHITE MAGIK for its cream biscuits was deceptively similar to the plaintiff’s trademark BLACK MAGIC for its biscuits. The World Trade Organisation (WTO) is gearing up for its 12th Ministerial Conference, which will take place in Geneva from November 30 to December 3.

Licensing 83

Licensing Government Reporting Patent Law 83

SpicyIP

OCTOBER 11, 2022

Q: What do you think is an emerging field or topic in IP law that future lawyers should focus on? What we are experiencing is the beginning of what could be a shift like what happened in the late 18 th century when stock trading changed from private one-off transactions to over-the-counter marketplace transactions.

IP 105

IP Law Intellectual Property Privacy 105

Technology & Marketing Law Blog

FEBRUARY 17, 2022

The court also rejects the trade dress claim because emoji usage is functional. (“You can’t build a product for sending racially diverse emoji if the emoji are not racially diverse.”) Also see: Emojis and the Law , my flagship paper on the topic with a section on copyright protection for emojis.

Copyright 136

Copyright Copying Blogging Intellectual Property 136

SpicyIP

MARCH 4, 2024

Here is another round of SpicyIP flashbacks by Lokesh, where he looks into a variety of topics ranging from IP and Gaming to Biodiversity and Benefit Sharing! It was alleged that the defendant’s trademark and trade dress were deceptively similar to the plaintiff’s “Mr. Burberry” mark and trade dress.

Invention 59

Invention Trademark IP Patent 59

The IPKat

JULY 20, 2021

Because the editors are US-based scholars and the EU's quaint spelling of "trade mark" is not used in the title, non-American readers might think the book is not for them. Their primary solutions are to increase maintenance and renewal fees and to have trade mark offices scrutinize dubious applications [e.g. here or here ].

Trademark Law 96

Trademark Law Law Trademark Registration 96

The IPKat

SEPTEMBER 21, 2022

First up was the now-traditional EU and US Case Law Update presented by Jan Bernd Nordemann ( Nordemann ) and Vanessa Bailey ( Head of Patent Policy, Amazon ) that took the early morning attendees on a roller coaster ride of recent American and European trade mark, design, copyright and patent case-law. Quentin Tarantino et al.

IP 76

IP Reporting Designs Design 76

Trademark and Copyright Law Blog

JUNE 23, 2021

Topics Include: How to effectively use trademarks, trade dress, patents, and copyrights to protect product configurations and packaging designs. The interplay among the different forms of IP protection and their limitations.

Designs 40

Designs Design Intellectual Property IP 40

The IPKat

JULY 17, 2023

The Rogers test has primarily been applied by the courts in situations where a mark is used to perform some form of expressive function rather than designate a work’s source – a topical example being the lawsuit brought by Mattel in the early 2000s in relation to the song Barbie Girl. Bad Spaniels (L), Jack Daniel's (R).

Fair Use 52

Fair Use Trademark Designs Design 52

43(B)log

FEBRUARY 3, 2024

Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct. New type of disagreement relevant to US-China trade. nonmarket economy approach to IP: China’s trading partners, esp. Market economy v. USTR has objected for years.

IP 59

IP Marketing Marketing Patent 59

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. Case Summaries M/s Blue Heaven Cosmetics Pvt. Henry Harvin India Education Llp vs Abhishek Sharma & Ors.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

IP and Legal Filings

JULY 5, 2023

In India, trademarks are controlled by the Trade Marks Act 1999, which lays out several rules that clarify the system and stages required for registering a trademark. Aprons, dresses, t-shirts, socks, and shoes, for example, are included in class 25 (clothing). Choosing which classes to register your trade mark in might be difficult.

Trademark 59

Trademark Registration Branding Brands 59

LexBlog IP

MARCH 12, 2023

He also discusses the unique qualities of trade secret cases that prompted the TSCMJG, including (1) the challenges of trade secret identification; (2) the highly emotional nature of trade secret cases, and (3) the interplay between criminal and civil proceedings in these cases. In GateGuard, Inc. Amazon.com Inc. ,

Blogging 52

Blogging Litigation Ownership Reporting 52

Kluwer Copyright Blog

FEBRUARY 8, 2023

In this upcoming paper, this author takes a different approach to this hot topic. Thus, copyright protection would be suitable if there is an existing or imminent obstacle to trade in the context of AI-generated works and if left in the public domain, the functioning of the internal market would be disturbed.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co. HULM Entertainment v.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 16, 2024

Second, the Lexmark court says, 43(a) has a proximate cause requirement: a plaintiff suing under § [43](a) ordinarily must show economic or reputational injury flowing directly from the deception wrought by the defendant’s advertising; and that that occurs when deception of consumers causes them to withhold trade from the plaintiff.

Trademark 59

Trademark Fair Use Registration False Advertising 59