The IP Law Blog

DECEMBER 23, 2021

The Federal Trademark Dilution Act of 1996, which was substantially revised by the Trademark Dilution Revision Act of 2006, addresses trademark dilution, including dilution by tarnishment and dilution by blurring. Jack in the Box claims that FTX’s Moon Man constitutes, among other things, trademark dilution.

Trademark 98

Trademark Advertising Advertising Copying 98

43(B)log

APRIL 28, 2022

That is, even assuming that authorizing referential uses counted, he didn’t do anything after distributing the 1986 award until 2006, nearly twenty years. They have also entered into numerous business partnerships and relationships for ticketing, advertising and apparel sales.” They based their priority on use beginning in 2006.

Licensing 45

Licensing Advertising Advertising Registration 45

SpicyIP

JUNE 19, 2022

It is also stated to have spent “enormous amounts of money” in advertising and publicity. The said mark, including the label, is stated to have extensive goodwill and reputation, having been adopted in 1988, with copyright and trademark registrations dating back to 2006. across India and worldwide. 1000/- and Court fees of Rs.

IP 126

IP Marketing Marketing Trademark 126

SpicyIP

MAY 10, 2023

965/DELNP/2006 and the patent office’s rejection order (dt. Shell Brands International AG v. Controller of Patents : Application cannot be rejected on new grounds of objections that were not raised previously Though the order does not mention the subject invention, it states that the dispute pertained to the Patent Application no.965/DELNP/2006

Trademark 126

Trademark Invention Patent Art 126

LexBlog IP

DECEMBER 23, 2021

The Federal Trademark Dilution Act of 1996, which was substantially revised by the Trademark Dilution Revision Act of 2006, addresses trademark dilution, including dilution by tarnishment and dilution by blurring. .” Jack in the Box claims that FTX’s Moon Man constitutes, among other things, trademark dilution.

Trademark 52

Trademark Advertising Advertising Copying 52

43(B)log

OCTOBER 6, 2021

American Girl Brands, LLC, 2021 WL 510729, No. It had applied for trademarks for dolls named “Luciana” and “Princess Luciana” between 2006 and 2010, and its partner Mattel has long produced and sold space-themed dolls and accessories, including “Astronaut Barbie” in 1986. Walkowicz v. 20-cv-374-jdp (W.D.

Law 59

Law Privacy False Advertising Social Media 59

Biswajit Sarkar Copyright Blog

AUGUST 30, 2023

Most importantly, it helps a business establish itself as a brand. This unauthorized use is generally executed to make economic gains using the brand or business of another through the trademark which is imitated in such a manner that it holds the potential to deceive people about its authenticity.

Trademark 52

Trademark Intellectual Property Business Branding 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. with high honors in biological science from Tsinghua University in 2006.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

The IPKat

JUNE 23, 2022

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 parties were back in court in January for a form of order hearing.

Branding 73

Branding Brands Branding Litigation 73

TorrentFreak

OCTOBER 25, 2022

Warning of potential prosecutions for offenses under the Fraud Act 2006, Copyright Designs and Patents Act 1988, and even the Serious Crimes Act 2007, PIPCU suggests shutting down as an alternative. Total number of brands and total number of advert intermediaries. Total IWL domains that have advertising on them.

Intellectual Property 113

Intellectual Property Advertising Advertising Contracts 113

IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. They were able to invest in IP protection, research and development, and advertising. Scenario in India.

IP 40

IP Intellectual Property Branding Brands 40

Kashishipr

AUGUST 18, 2021

In the Bainbridge judgment (2006), the court, in reference to a family of marks, said that “they reproduce in full the same distinctive element with the addition of an element, graphic, or word, which differentiates them from each other or when characterized by the repetition of a single prefix or suffix taken from an original mark.”

Trademark 105

Trademark Registration Branding Brands 105

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. The complaint claims that artificial intelligence-created deepfakes of Anil Kapoor and his name-branded websites defraud customers. Rights are crucial in today’s competitive world of celebrities competing for fame and advertising.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

Above the Fold

JULY 5, 2022

102(a); see also Pride Family Brands, Inc. Secondary meaning may be established when a manufacturer can show that, in the minds of the public, the primary significance of a product feature or term is to identify the source of the product rather than the product itself. [22] Turner Heritage Homes Inc., 3d 1314, 1320 (11th Cir. GFI , 193 F.3d

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

LexBlog IP

JULY 5, 2022

§ 102(a); see also Pride Family Brands, Inc. Secondary meaning may be established when a manufacturer can show that, in the minds of the public, the primary significance of a product feature or term is to identify the source of the product rather than the product itself. [22] Turner Heritage Homes Inc., 3d 1314, 1320 (11th Cir.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

LexBlog IP

NOVEMBER 30, 2022

Varsity Brands , 137 S.Ct. 1183 (2021), noting in part (in an obvious allusion to Warhol’s famous Campbell Soup piece ) that “’[a]n ‘artistic painting’ might, for example, fall within the scope of fair use even though it precisely replicates a copyrighted advertising logo to make a comment about consumerism.'”

IP 52

IP Intellectual Property Fair Use Trademark 52

43(B)log

FEBRUARY 23, 2024

What you’re seeing is cross-licensing/branding. Maybe sponsorship/affiliation reflects what brands are doing and how consumers think. If we listened to what brands actually do and what consumers actually see, they see Nike x Common, the dual branding is all over it. They put it all over! But they can’t.

Trademark 45

Trademark Law Branding Brands 45

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Share of 9 th Circuit opinions also exploded in 2006. Their studies: we might see tarnishment in the brand context, and stronger among conservatives. Control to tarnishment—They rated the brand as stronger if they saw the tarnishing stimuli.

Trademark 72

Trademark Copyright Branding Brands 72

Patently-O

DECEMBER 12, 2021

21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22]

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Registration Government Advertising Advertising 69