BYU Copyright Blog

SEPTEMBER 11, 2023

2016, Oppenheimer captured an aerial photograph at the Stevens Institute of Technology in New Jersey, officially registering this image with the U.S. According to Oppenheimer, the allegations of trademark infringement were vague, and the Institute had failed to explain how he had violated trademark law.

Technology 52

Technology Trademark Marketing Marketing 52

Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. A study published in 2018 found that overall incidents of drug name confusion of all types had decreased when comparing two periods, 2000-2004 and 2012-2016 1.

Trademark 59

Trademark Branding Brands Branding 59

The TTABlog

AUGUST 30, 2023

Opposer claimed to own a family of MONSTER-formative marks, but it failed to prove the existence of a family of MONSTER marks prior to SS Vape’s July 2016 date of first use. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law."

Designs 57

Designs Design Branding Brands 57

Technology & Marketing Law Blog

FEBRUARY 27, 2022

dispute back in the Ninth Circuit in 2016. Courts need to get wise that what’s really happening here is incumbents are leveraging things like trademark law, the CFAA, and the law of online contracts to avoid competition on the internet. Rather, AA’s customers are logging in to AA’s site using a tool provided by TPG.

Cease and Desist 120

Cease and Desist Blogging Contracts Social Media 120

Garrigues Blog

JULY 6, 2021

When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ). These issues can have a major impact on brand strategy and affect credibility in the market. Let us see it.

Branding 52

Branding Brands Branding Registration 52

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. Why Take the Trademark Route? The trademark utilizing the hashtag must be distinctive in nature. What’s in a #Hashtag?

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

Corsearch

FEBRUARY 22, 2024

What is trademark infringement? Let’s start with the basics; what is trademark infringement? Imagine you’ve conjured up the hottest brand on the market – “Crispy Crunch Delights” , complete with a jazzy logo. Learn more about distinctive trademarks. We explore in this article.

Branding 59

Branding Brands Branding Trademark 59

JIPEL Copyright Blog

DECEMBER 15, 2021

While these cases exemplify the tension between different brands and their trademarks, they also allude to the growing misalignment between the luxury fashion industry and trademark law. Indeed, fast fashion has already flooded the market with similar products at a lower price point.

Trademark Law 52

Trademark Law Marketing Marketing Trademark 52

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 ).

Trademark 98

Trademark Law IP Intellectual Property 98

Kashishipr

MAY 11, 2022

It aims at promoting the products or services in the marketplace while restricting the competitors from using the trademark and making profits through infringement. It also encourages safeguarding the interests of the traders and consumers in the market. Case No: A3/2016/3082). Judgment of Indian Courts on Color Marks.

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Trademark Law Trademark Law Branding 105

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. Similarly, in Vardhman Buildtech Pvt.

Registration 63

Registration Trademark Trademark Law Marketing 63

Technology & Marketing Law Blog

MARCH 10, 2022

The analogous non-digital conduct would be to take a photograph of a crowd inside La Baguette with the caption “La Baguette, Christmas party 2016,” erase “La Baguette,” write-in “Tito & Tita,” and keep the photograph on the wall where customers can see it. Social Media and Trademark Law” Talk Notes. An Update on PhoneDog v.

Social Media 79

Social Media Contracts Ownership Business 79

LexBlog IP

SEPTEMBER 15, 2021

It is on this basis that the term ‘ugg’ or ‘ugg boot’ has generally been accepted to be ineligible for registration as a trademark in Australia and New Zealand. Under US trademark law, generic terms are similarly barred from being accepted for registration as a trademark.

Trademark 52

Trademark Registration Branding Brands 52

The IP Law Blog

APRIL 1, 2021

He gradually expanded his offerings to a variety of markets, including motorcyclists, skaters, lumberjacks and “headbangers.”. The owner created a stylized “METAL” mark that he registered in August 2016 and used for power lifting apparel and gear that he marketed.

Trademark 52

Trademark Branding Brands Branding 52

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. The person was later convicted in 2016.

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

DECEMBER 11, 2023

2016), aff’d , 674 F. 2016)) traded on the goodwill of Louis Vuitton; it is what made them attractive products. trades in on the goodwill of Dr. Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. at 156 (citation omitted)”).

Blogging 110

Blogging Trademark Branding Brands 110

LexBlog IP

JULY 8, 2021

For sophisticated businesses with large marketing budgets and new products, it is strategically wise to file an Intent-to-Use trademark application. The reason for this stems from the fact that few, if any sophisticated business will wait until product launch to risk jeopardizing the loss of trademark rights. Lower Risk.

Trademark 52

Trademark Registration Web Development Advertising 52

Copyright Lately

MAY 1, 2023

As I explained in my discussion of the Rick Astley lawsuit , right of publicity and trademark law provided viable claims to Bette Midler and Tom Waits when imitations of their voices were used in advertising. ” VMG Salsoul, LLC v. Ciccone , 824 F.3d 3d 871, 888 (9th Cir.

Music 89

Music Copyright Copying Copyright Law 89

Kashishipr

AUGUST 18, 2021

Brought into commerce since the purchasing audience recognizes the common features of the many marks and contemplates that the goods or services originate from a common trademark owner. Therefore, the adoption of a series of marks to commercially market goods and services would not suffice the creation of a family of marks.

Trademark 105

Trademark Registration Branding Brands 105

IIPRD

JANUARY 21, 2022

According to the current trend, any new product which is being launched in the market has some sort of distinct packaging as it is considered imperative for the purposes of distinguishing their products from others and it also helps in attracting a larger customer base. Introduction. Scope for Protection of Trade Dress in India.

Branding 40

Branding Brands Branding Trademark Law 40

Technology & Marketing Law Blog

JULY 17, 2023

In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. The seeming inability to engage in contextual comity analysis is apparent in other recent trademark extraterritoriality cases.[FN2] Hallatt (9th Cir.

Trademark 68

Trademark Blogging Litigation Law 68

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. billion in 2021 to USD 2.2

Intellectual Property 65

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 65

The IP Law Blog

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. It apparently conducted market research and discovered that P&P was one of the most successful sellers on Amazon in this category.

Copying 98

Copying Marketing Marketing Advertising 98

IP and Legal Filings

FEBRUARY 17, 2022

Unfortunately, copyright and trademark law do not provide particular protection for these characters, who, more often than not, exceed their original works to become well-known of their own. the effect of the use on the copyrighted work’s potential market for or value. In United Feature Syndicate, Inc. Koons , 817 F.

Fair Use 64

Fair Use Copyright Television Copying 64

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. The court, in a careful opinion, rejected all the claims.

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

APRIL 12, 2023

I briefly mentioned Abitron here recently , but it deserves more attention in the context of defining the boundaries of US trademark laws and just on the notion of defining words. Let’s look at them in turn. The question presented in that case is “Whether the U.S. consumers,” as noted at scotusblog.com.

Law 52

Law IP Intellectual Property Copyright 52

LexBlog IP

JULY 21, 2021

Before jumping into comparative law issues, one should note that these questions are ones of concern beyond lawyers, and have much greater practical importance than “ How many angels can dance on the head of a pin ?” provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

DECEMBER 30, 2023

The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. Controller General of Patents and Designs (passed on September 15), the Court clarified that the 2016 CRI Guidelines’ requirement of assessing the CRI in conjunction with novel hardware has now been removed from the 2017 CRI Guidelines.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Elster is a trademark dispute at the Supreme Court focused on the issue of whether Steve Elster has a free speech right to register a political message (“Trump Too Small”) as a trademark for shirts. VIP Products (2023) opinion and its other trademark cases. Section 2(c) is a viewpoint-neutral trademark law.

Registration 73

Registration Trademark Blogging Law 73

Technology & Marketing Law Blog

MARCH 4, 2022

This provision of the federal trademark law known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image.

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Registration Blogging Trademark Privacy 118

Patently-O

DECEMBER 12, 2021

4] In particular, the mark “is political commentary about [Trump’s] refutation at the March 3, 2016 Republican debate of presidential candidate Marco Rubio’s insinuation that Donald Trump has a small penis”; and “is also political commentary about the smallness of Donald Trump’s overall approach to governing as President of the United States.” [5]

Registration 69

Registration Government Advertising Advertising 69