IP and Legal Filings

FEBRUARY 20, 2022

Slogans are brief, memorable words that are commonly used in advertising to promote a specific company. Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Using a mark as an advertising slogan, on the other hand, does not prevent it from being registered as a trademark.

Trademark 54

Trademark Advertising Advertising Registration 54

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Aliign sued lululemon for trademark infringement. More Posts About Keyword Advertising. Ohio Bans Competitive Keyword Advertising by Lawyers. Want to Engage in Anti-Competitive Trademark Bullying?

Advertising 109

Advertising Advertising Settlement Trademark 109

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Apparently due to this notoriety, Poulsen obtains patent and trademark protection for its roses throughout the world, including the United States. According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. Federal Trademark Reg.

Trademark 52

Trademark Branding Brands Branding 52

IPilogue

AUGUST 4, 2022

That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA). Judian opened locations specifically in metro Vancouver for the large Chinese Canadian population in this area who would recognize the Beijing Judian trademarks. v Wei Meng.

Trademark 115

Trademark Registration Designs Design 115

Technology & Marketing Law Blog

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Regulators have sought to suppress online targeted advertising for years, with only minimal success. In turn, advertisers have fled Twitter. Then, in Liapes v. seriously, are you still posting THERE???) TikTok bans.

Law 106

Law Social Media Advertising Advertising 106

IP and Legal Filings

APRIL 19, 2023

This right is similar to the use of a trademark but not the same. Trade Marks Act of 1999 The Indian Trademark Act does not provide for the exclusive protection of personal or image rights. However, Section 2(m) appropriately includes the term “names” in its definition of “trademark”1.

Personality Rights 78

Personality Rights Privacy Moral Rights Copyright 78

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

AUGUST 28, 2023

Image Sources : Shutter stock] On a superficial note, the fluid trade marks keep the consumers engaged and provide a whole new look to their trademark to stay relevant with time and advancement. Joy Creators, 2011 (45) PTC 541. [2] During the Covid times, we have seen several brands adopting fluid logos for a social cause.

Branding 84

Branding Brands Branding Trademark 84

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. in biology and society from Cornell University in 2011. He received his J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

43(B)log

DECEMBER 26, 2022

28, 2022) Brick and mortar infringement still exists, and this opinion considers both copyright and trademark claims. for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. AKF sued LCF etc. Kast, 921 F.3d

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

43(B)log

JUNE 20, 2022

Laches can bar both injunctive relief and damages in trademark cases, and here the court grants a motion to dismiss based on laches. Defendants, also based in New York formed their own Darkside in 2011, featuring an electronic, psychedelic musical style; their first album was self-titled. And the complaint conceded just that.

Music 59

Music Branding Brands Branding 59

SpicyIP

NOVEMBER 2, 2021

We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. A dataset was built by scraping the electronic register of the Indian Trademark Registry in 2020.

Reporting 126

Reporting Trademark Advertising Advertising 126

SpicyIP

NOVEMBER 8, 2023

They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. This raised a question did the registrar of Trade Marks have the jurisdiction to revoke the ‘MANJAL’ trademark?, But this is not all!

Trademark 59

Trademark Publishing Journalism Copyright 59

IP and Legal Filings

MARCH 14, 2022

The plaintiff, Chanel, Inc. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. Veronique Idea Corp.,

Branding 52

Branding Brands Branding False Advertising 52

IP and Legal Filings

MARCH 14, 2022

The plaintiff, Chanel, Inc. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. Veronique Idea Corp.,

False Advertising 52

False Advertising Branding Brands Branding 52

Shades of Gray

NOVEMBER 2, 2016

Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action. ICON Health & Fitness, Inc. , [1] relaxed the applicable standard in construing the Patent Act’s identical fee-shifting provision and will likely result in a lower bar to the recovery of fees in trademark disputes.

Trademark 52

Trademark False Advertising Litigation Copyright 52

43(B)log

APRIL 28, 2022

He also hosted a reunion and golf tournament in 2007 and engaged in other referential activities; he managed royalties from the licensed USFL apparel from 2011-2021. They have also entered into numerous business partnerships and relationships for ticketing, advertising and apparel sales.” Plaintiff’s 1980s USFL registrations lapsed.

Licensing 45

Licensing Advertising Advertising Registration 45

DuetsBlog

JUNE 15, 2020

Yes, it’s actually a registered trademark. And, by the way, what is your all-time favorite from the annual Rapala line up that we’ve been covering for a dozen seasons now (minus 2019, given my move)? Rapala’s “More Hits Than Google” Billboard Update (Photo Included) (2009). Good Bye Google, Hello Whudjagiddumon? Rapala Taunts a Monster?

Registering Trademarks 52

Registering Trademarks Trademark Branding Brands 52

IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Trademark Law. Parody in Trademarks is No Joke.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]

Registration 79

Registration Trademark Trademark Law Law 79

IP and Legal Filings

OCTOBER 20, 2022

Further, the section also provides that in case a pre-packaged commodity is advertised, then such advertisements shall also declare the net quantity or number of the commodities contained in the package along with the retail price. [1]. The font size of the net quantity in the advertisement shall be same as that of retail sale price.

Advertising 71

Advertising Advertising Due Diligence Government 71

43(B)log

JANUARY 5, 2024

In 2011, Plaintiff sued defendants for using the marks “Florida Virtual Academy/Program” and the associated acronyms, “FLVA/P.” Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. But trademark confusion? statements as evidence of confusion.

Branding 59

Branding Brands Branding Marketing 59

IP and Legal Filings

JANUARY 10, 2023

An upsurge in production of new technology would provide multiple opportunities in the field of IPR, such as patents and copyrights over new technological inventions and concepts and other trademark rights of the companies looking to provide services in the virtual world. Trademark rights in Metaverse. In the case of E.S.S

Intellectual Property 59

Intellectual Property Invention Trademark Government 59

43(B)log

OCTOBER 6, 2021

In a 2011 presentation, Walkowicz discussed their work on NASA’s Kepler Mission studying the constellation Lyra, including the constellation’s brightest star, called Vega.” American Girl applied for trademarks on a space-themed doll named Luciana Vega, which it began marketing in 2018 as its “Girl of the Year” doll.

Law 59

Law Privacy False Advertising Social Media 59

IP and Legal Filings

APRIL 19, 2022

By adopting rules and regulations, as well as a privacy policy, the intermediary must prevent its users from presenting, uploading, changing, or transferring any information that may result in infringement of any trademark, patent, or copyright.

Copyright Law 71

Copyright Law Copyright Law Copyright Infringement 71

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. This demonstrates the succinctness and simplicity of the Metaverse’s trademarking mechanism. What is the Metaverse?

Trademark 84

Trademark Non-Fungible Tokens Branding Brands 84

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

But trademark plaintiffs and judges are still partying like it’s 1999. Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result.

Advertising 104

Advertising Advertising Trademark Settlement 104

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up.

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

DECEMBER 12, 2023

The statutory threshold for proving trademark dilution is pegged higher when compared to trademark infringement and passing off. There have been plenty of studies in the United States of America where the psychological impact of confusion in trademarks have been studied. The Trademark Reporter, Vol.

Trademark 59

Trademark Branding Brands Branding 59

Technology & Marketing Law Blog

DECEMBER 13, 2023

2011) (citing to ProCD in rejecting preemption in the context of a Desny claim). In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” Zeidenberg. See Montz v. Pilgrim Films & Television, Inc. , TOU at 6-7.

Blogging 84

Blogging Copyright Contracts Cease and Desist 84

43(B)log

JANUARY 2, 2024

Does this cause any problems for the One A Day trademark?) 10-CV-1662, 2011 WL 13224118 (E.D. July 22, 2011)). 28, 2023) Another day, another “One A Day” claim where the bottle instructs users that, you guessed it, a daily serving is more than one gummy. NY GBL § 349 and § 350 claims survived. Bayer AG, No. App’x 325 (9th Cir.

Branding 59

Branding Brands Branding Marketing 59

43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. Sturgis Motorcycle Rally, Inc. 2021 WL 1176242, No.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64

Trading Secrets

MARCH 22, 2022

In 2011, Hayley Paige Gutman[1] entered into an employment agreement with JLM Couture, Inc. (“JLM”), As part of Hayley Paige’s responsibilities for JLM, she was tasked with growing the “Hayley Paige” brand for the company, including “assisting with advertising programs.” Background of Case. JLM Couture, Inc. 4th at 789.

Social Media 59

Social Media Contracts Confidentiality Business 59

The IP Law Blog

SEPTEMBER 22, 2022

The district court granted the motion, ruling that P&P had failed to produce evidence “of secondary meaning” because it failed to show that consumers would associate its trade dress specifically with P&P, relying on a 2011 Ninth Circuit case, Fleischer Studios, Inc. P&P appealed the summary judgment ruling to the Ninth Circuit.

Copying 98

Copying Marketing Marketing Advertising 98

LexBlog IP

NOVEMBER 30, 2022

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.'” 2d 1046, 1053 (C.D.

IP 52

IP Intellectual Property Fair Use Trademark 52

SpicyIP

NOVEMBER 21, 2022

Pharmaceutical Trademark Confusion: Poison Pill or Public Health? Tata SIA Airlines, vacating the ex parte interim injunction granted against Vistara’s use of term “Fly Higher” in its advertisements. Exams for selection of trademark agents scheduled for May 2023, after a gap of 10 years. Highlights of the Week.

IP 100

IP Cease and Desist Patent Music 100

Copyright Lately

OCTOBER 25, 2021

” The disclaimer didn’t satisfy MKR, which filed a lawsuit against Capcom, alleging that the game infringed its copyright and trademark rights in the film. “The Cabin in the Woods” (2011). affirmed the district court’s grant of summary judgment for the advertisers. ROMERO’S DAWN OF THE DEAD.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144