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Trademark Infringement in the Digital Age

IP and Legal Filings

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. The registration and management of trademarks was another essential component. also, Misuse of social media involves using trademarks without authorization to mislead or damage companies.

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Show the pictures to your clients and say “this is descriptive fair use”: Solid 21 v Breitling (2d Circuit RED GOLD)

LexBlog IP

Throughout the twentieth century, many newspapers, advertisements, magazines, textbooks, and other reference materials used the term “red gold” to describe the gold-copper combination. From the decision: “Left untouched, pure gold is yellow.

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Viacom Wins "DOUBLE DARE" Section 2(d) TTAB Battle, Survives Abandonment Attack

The TTABlog

In 2009, Viacom let lapse its registration for DOUBLE DARE for production and distribution of a children's game show. Applicant Armstrong contended that Viacocm abandoned the DOUBLE DARE mark between 2009 and 2018, and so Armstrong filed its intent-to-use application in January 2018. Reruns followed.

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Green Washing Vis-A-Vis Green Trade Marks

IP and Legal Filings

The hypothesis for the study was whether, if the applications for registration of goods contained “green signs” applied to them, they were indicators of the brand being driven by the ideas of sustainability or environmental consciousness. The hypothesis was confirmed, hence popularising the concept of eco-marks among the business giants.

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Precedential No. 15: On Remand, TTAB Reverses COOKINPELLETS.COM Genericness Ruling, But Affirms Mere Descriptiveness and Lack of Acquired Distinctiveness

The TTABlog

The Board then applied the CAFC's Converse analysis to applicant's evidence: use of the proposed mark since 2007, approximately 250,000 units sold for $3M in revenue, $25,000 spent for advertising, promotion of mark on social media an on its website, and a ranking for several years as the best-selling and highest-rated pellet on Amazon.com.

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SpicyIP Weekly Review (May 13- May 19) 

SpicyIP

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. The plaintiff alleged that the defendant not only manufactures the impugned product but also promotes the same on social media. In response, the present rectification petition was filed to remove the subject registration. Drop a comment below to let us know.

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SpicyIP Weekly Review (October 9- October 15)

SpicyIP

The court held that the defendant’s advertising falls under the ambit of permissible comparative advertising, rejecting the plaintiff’s claims and emphasized on a competitor’s right to prevent disparagement while allowing reasonable product promotion. . & POI Social Media Pvt. Humans of Bombay Stories Pvt.