Technology & Marketing Law Blog

NOVEMBER 11, 2023

Second, and more importantly, because the trademark law consequences of getting it wrong are so severe that few services would choose to roll the dice. The contributory trademark infringement claim survives a motion to dismiss. Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front.

Trademark 91

Trademark Contracts Blogging Fair Use 91

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that trademarks was a dead-end. Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. The Silvaco court also cautioned that “the expansion of conversion law to reach intangible property should not be permitted to ‘displace other, more suitable law.’”

Licensing 88

Licensing Copyright Contracts Advertising 88

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Let’s see how it unfolded.

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

In 2010, the Second Circuit issued a watershed decision about secondary trademark infringement. Note: can trademark owners take advantage of the US jurisdiction consent between the online marketplace and its third-party sellers? Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 136

Trademark False Advertising Advertising Advertising 136

Intepat

MAY 12, 2023

Not all states are contracting parties under the Madrid Protocol, such as Hong Kong, Afghanistan, Bangladesh, Nepal, Pakistan, etc. Therefore, in countries such as these which are non-contracting parties. The duplicate brands/dummy brands kept forging the market of the original Honda Motors Co. to eliminate this threat.

Registration 52

Registration Branding Brands Branding 52

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124