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Trademark Infringement in the Digital Age

IP and Legal Filings

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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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” Not all marketing of artistic works is noncommercial speech. The California Supreme Court reversed.

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Preventing Trademark Infringement or Stifling Healthy Competition? A Look at 1-800 Contacts and its Keyword Advertising Battle

LexBlog IP

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

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Publicity Rights Concerning Sports Athletes

IP and Legal Filings

Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999. iv] The Copyrights Act, 1957. [v]

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The Sleekcraft Factors and “Reverse Confusion” Trademark Infringement

The IP Law Blog

It has marketed its software under the name “SmartSync” since 2004 and obtained a trademark for SmartSync in 2007. Intuitively, this may seem like a positive effective, i.e., Ironhawk’s brand would be strengthened if associated with the more well known brand of Dropbox.

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Effect Of Non-Use Of Trademark

IP and Legal Filings

What Is Non-Use Of Trademark Eventually trademarks serve as effective marketing tools for their owners. The court in this case held that ‘use’ does not necessarily mean and imply actual physical sale; even mere advertisement without having even the existence of goods can be said to be a ‘use’ of the mark. TRA/159/2004/TM/DEL] [iii] K.R

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[Guest post] Retromark Volume XI: the last six months in trade marks

The IPKat

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The Claimant Heitec adopted its name as early as 1991, the Defendant Heitech in around 2004.