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Branding – Uniqueness and Fame

azrights

There are two drivers of brand asset strength: uniqueness and fame. For example, when you see the swoosh logo of the Nike brand you know it represents Nike even though it may be featured on its own with no name accompanying it. If an asset is less famous, it is more likely to be mistakenly attributed to a competitor’s brand.

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3 Count: Extra Element

Plagiarism Today

However, that court has bounced it back, citing a 2014 ruling that held open-source licenses had an “extra element” that needed to be heard in state court. 3: Childhood Royalty Brand Lisa Frank Continues To Go After Artists as if They Own The Rainbow Palette.

Contracts 214
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Is it bad faith to “pay homage” to a fashion brand of the past? Not necessarily, says the EU General Court

The IPKat

There are brands that, after a successful run, fall into oblivion. From an IP perspective, it might be the case that – together with the oblivion these brands fall into – the related trade mark registrations lapse too. NEHERA’ was in fact a well-known fashion brand that Jan Nehera found in Czechoslovakia in the 1930s.

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Long “Rhode” Ahead, Hailey Bieber

IPilogue

While Hailey Bieber’s new skin care brand Rhode promises “ happy and hydrated skin, ” the brand itself has a blemish: an alleged trademark infringement. Rhode-NYC argues that Hailey Bieber’s use of her middle name “Rhode” as the name of her skin care brand is creating market confusion and potential harm to its goodwill and reputation.

Branding 119
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[Guest post] Court of appeal The Hague: free-riding not possible if reputed brand has suffered continuous decline

The IPKat

The IPKat has received and is pleased to host the following contribution by former GuestKat Jan Jacobi (BarentsKrans) regarding a recent Dutch decision on free riding and declining reputation of a brand. Quite often, the IP of a bankrupt company is sold to a third party who continues operating all or some of the brands.

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3 Count: Can’t Help Appealing

Plagiarism Today

In 2014, the estate attempted to file a notice of copyright termination with Authentic Brands to terminate a 1983 agreement that resulted in them obtaining rights to the song.

Licensing 186
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Top Trademark Trends of 2021 (Meta TMA edition)

Erik K Pelton

The biggest individual brand story of the year was Facebook’s announcement of its new META brand. Major brands across industries – including Marvel, KISS, UFC, Nike, and many more – filed for trademarks to cover new products and services in the metaverse. 2014: [link]. Mega META announcement. NFT trademarks.

Editing 147