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It’s Not Going to Be (Y)easy: What Happens when Business Collaborations Dissolve?

IPilogue

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

Business 131
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March Madness: Basketball, Brackets, and Branding

LexBlog IP

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. For example, in 2016, the NCAA filed a lawsuit against a company that was using the phrase “April Madness” to promote its own events.

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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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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products. For the first two, Industria failed to show literal falsity.

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“Pink Perfection: The Trademarking Of Barbie’s Signature Hue”

IP and Legal Filings

Conceived by Ruth Handler and named after her own daughter, Barbie has, from its inception, been a driving force behind Mattel’s successful branding efforts, resulting in the sale of over a billion Barbie dolls and the expansion of the franchise into various media, including video games, merchandise, and a live-action movie.

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Maasai Fashion: Indigenous People Vs Corporates

IP and Legal Filings

Jaguar Land Rover had used the imagery of the Maasai community to enhance the aesthetics of their advertisement. A shoe company called Masai Barefoot Technology as well used Maasai iconography while launching their brand. The Maasai Brand.

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Despite likely confusion and presumption of irreparable harm, delay dooms old USFL's PI bid

43(B)log

“In preparation for the league’s debut, Defendants have invested tens of millions of dollars in acquiring intellectual property rights, advertising, broadcasting, stadium and apparel deals, and in hiring players, coaches, trainers, and other staff, and in branded uniforms and equipment. This may be true, but it is irrelevant.