SpicyIP

FEBRUARY 22, 2023

Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world take their brands seriously and deploy law firms in order to safeguard their intellectual properties, be it their names, slogans, brands, taglines, marketing tools and (even phone numbers ).

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Trademark Law IP Intellectual Property 98

SpicyIP

SEPTEMBER 28, 2023

We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law. 2 nd 484, 489 (3 rd Cir.

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Licensing Registration Trademark Trademark Law 105

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.

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Trademark Registering Trademarks Registration Licensing 52

IPilogue

JULY 27, 2021

Section 3 of Part II of the TRIPS Agreement , entitled “Geographical Indications”, and Article 20 , which prohibits states from introducing special requirements that would “unjustifiably encumber” the use of affected trademarks, both may apply in this scenario.

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Trademark Law Intellectual Property Branding Brands 106

The IP Law Blog

DECEMBER 1, 2022

The dispute dates back to 2014 when Jack Daniel’s sent a series of cease and desist letters to the toy company. In 2018 a district court judge ruled that the toy infringed Jack Daniel’s trademarks. The test allows for the use of a trademark in an expressive work as long as it is artistically relevant and not explicitly misleading.

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Cease and Desist Trademark Trademark Law Law 98

JIPL Online

APRIL 7, 2021

ii] This blog post will (i) introduce the problem of counterfeit sports merchandise, (ii) provide a summary of trademark policy rationales and how they have been applied in the sports apparel context, and (iii) offer a proposed solution to the problem. (i) i) Introduction to the problem of counterfeit sports merchandise. Euroquilt, Inc. ,

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Marketing Marketing Licensing Trademark Law 98

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]

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Registration Trademark Trademark Law Law 76

Likelihood of Confusion

MARCH 17, 2022

The Canadian Trademark Blog writes about three recent trademark decisions from the Canadian courts that readers may find of interest. Originally posted 2014-06-17 16:41:07. Republished by Blog Post Promoter. The post What’s new up North appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging Trademark Trademark Law Law 40

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Since 2014, they have sold a total of 7 units of apparel (5 of which were bought by the CEO’s friends). Aliign sued lululemon for trademark infringement. Want to Engage in Anti-Competitive Trademark Bullying?

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Advertising Advertising Settlement Trademark 105

More Than Your Mark

AUGUST 20, 2021

3-D Printing and Copyrights, Patents, or Trademarks. Trademarks. Trademark and trade dress issues arise from 3-D scanning of well-known articles and other designs in the hopes of marketing them as your own. An example of this is a 2014 initiative by Hasbro, Inc. , Copyrights.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. commerce, meaning that profits lost to trademark infringers abroad cannot be recovered in U.S.

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Trademark Marketing Marketing Contracts 52

The TTABlog

JANUARY 7, 2022

The court said that although Article III constitutional standing is not required to assert a confusion-based opposition or cancellation claim in the Trademark Trial and Appeal Board, it is required to appeal or assert such a claim in a court. 1377, 1392, (2014). Borden Ice Cream Co v. Borden's Condensed Milk Co , 201 F. 2d 1778 (Fed.

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Registration Trademark Law Trademark Law 91

The IP Law Blog

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. First, trademark owners need to understand the seriousness of a trademark becoming generic.

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Designs Design Trademark Branding 52

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. The court of appeals affirms, on Rogers v.

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Artistic Work Television Trademark Trademark Law 64

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. The request was based on IP provisions as well as trademark and unfair competition law. The flavour of food cannot be characterised as “work” within the meaning of Law 2121/1993 or directive 2001/29.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

Technology & Marketing Law Blog

MARCH 10, 2022

1459 (2014); Zoe Argento, Whose Social Network Account? The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had. One wonders how a domain name would fare under Maryland law. Social Media and Trademark Law” Talk Notes.

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SpicyIP

NOVEMBER 23, 2021

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. Payal has graduated from the School of Law, Christ University in 2020, and currently practices as a disputes lawyer. Google India Private Limited and others.

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Trademark Advertising Advertising Trademark Law 137

LexBlog IP

FEBRUARY 3, 2022

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. First, trademark owners need to understand the seriousness of a trademark becoming generic.

Designs 40

Designs Design Branding Brands 40

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. 1962, 1976 (2014). Netflix disagrees.

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Music Derivative Work Fair Use Cease and Desist 104

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). Every sound trademark seems not only to signify something but to raise a question or two as well. Hence, the title of this piece and the discussion below.

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Trademark Registration Music Intellectual Property 52

43(B)log

MAY 22, 2023

From 2014-2018, the posts at issue used revealing photos of the plaintiffs against ad copy linked thematically to the visual, e.g., a picture of one plaintiff “in an apparent school uniform that included a short plaid skirt, captioned: ‘Friday Oct 17th SEXY SCHOOL GIRL PARTY! Some limits on the Polaroid spectrum!

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Social Media False Advertising Advertising Advertising 49

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

OCTOBER 23, 2023

Turtle ” order opining that use of a mark to pass a critical comment will not amount to an infringement of the trademark. Sitting as an appellate judge, alongside another judge, Justice Bhat in the year 2014 expressly over-ruled the precedent in Times Incorporated that had granted legitimacy to the practice of granting punitive damages.

Intellectual Property 52

Intellectual Property Government Law IP 52

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. Trademark etc.

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Fair Use Trademark Copyright Editing 52

IP and Legal Filings

AUGUST 23, 2023

China Bistro/ ” mark against the plaintiff’s trademark “China Bistro/ ”. The single bench, using the trite law of essential features and the average consumer test, reached the conclusion of infringement under §29(2) of the Trademarks Act, 1999 (‘Act’). [2] 2014 (57) PTC 617 (Bom); M/S South India Beverage Limited v.

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Trademark Law Marketing Marketing 86

LexBlog IP

JUNE 9, 2023

The Supreme Court unanimously sided with Jack Daniel’s in the much-anticipated trademark case pitting trademark protection against parodic products. The Bad Spaniels dog toy joined VIP Products’ line of Silly Squeakers toys in 2014. The squeaky bottle mimics the Jack Daniel’s Old No.

Trademark 52

Trademark Government Trademark Law Branding 52

Patently-O

DECEMBER 12, 2021

Can you register a famous person’s name as your trademark without their consent? Patent and Trademark Office interprets this to mean no, never, no matter what. Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan. The Lanham Act seems to say no, and the U.S. Grimaldi , 875 F.2d Dogan & Mark A.

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Registration Government Advertising Advertising 69