The IPKat

OCTOBER 1, 2022

Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion Week held last week, the Italian fashion brand Dolce & Gabbana debuted their Spring/Summer 2023 ready-to-wear collection. copyright law. see this chapter.)

Copying 97

Copying IP Copyright Law Designs 97

Technology & Marketing Law Blog

APRIL 3, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and was one of the signatories of the First Amendment Professors amicus brief filed in Jack Daniel’s Properties, Inc. The post The First Amendment Limits Trademark Rights, But How?–Jack

Blogging 107

Blogging Trademark Fair Use Trademark Law 107

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. 3] CS (COMM) 652 of 2023. [4] In Amitabh Bhachchan v.

Personality Rights 72

Personality Rights Intellectual Property Social Media Intellectual Property Law 72

The IPKat

DECEMBER 23, 2023

As a plant intellectual property nerd , this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. Like many contributions in this volume, the chapter draws on a wealth of archival materials.

Intellectual Property 72

Intellectual Property Designs Design Intellectual Property Law 72

LexBlog IP

APRIL 19, 2023

Sellers need to be aware of competitor patents before introducing a product to the market. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. This can lead to expensive “false marketing” litigation.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

The TTABlog

AUGUST 30, 2023

SS Vape Brands, Inc. 91255786 (August 28, 2023) [not precedential] (Opinion by Judge Marc A. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of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." That both parties market and sell their products through the Internet is unpersuasive.

Designs 57

Designs Design Branding Brands 57

Garrigues Blog

OCTOBER 26, 2022

In this race to explore new markets, infringing conducts have also taken place as a result of the unauthorized uses of famous brands to create NFTs. In view of the proliferation of similar cases, brands are considering whether they should file registration applications to protect their trademarks in these new virtual spaces.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Intellectual Property Art 52

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. .” McNeil Consultants LLC, 2023 WL 5600128 (N.D. July 27, 2023). Adler PC v.

Advertising 87

Advertising Advertising False Advertising Trademark 87

Technology & Marketing Law Blog

JANUARY 8, 2024

That’s certainly true for high-profile and well-advertised consumer items like fast food chains, mass-market phones, and major car labels, but is it true in this particular niche? 2023 WL 9051998 (E.D. 28, 2023) More Posts About Keyword Advertising * When Do Inbound Call Logs Show Consumer Confusion?–Adler

Trademark 84

Trademark Advertising Advertising False Advertising 84

SpicyIP

FEBRUARY 13, 2023

Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. for Disobeying Interim Injunction Praharsh highlighted the order from Delhi High Court whereby the court imposed costs worth INR 2 Cr.

Designs 52

Designs Design Trademark Cease and Desist 52

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. The case is Abitron Austria GmbH v. Hetronic International, Inc.

Trademark 52

Trademark Marketing Marketing Contracts 52

Patently-O

SEPTEMBER 17, 2023

The Federal Circuit’s pair of decisions provide guidance on how logos factor into the design patent infringement inquiry, and begin to tease-out differences in policy concerns underlying design patent law versus trademark law. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement.

Design Patent 72

Design Patent Patent Infringement Designs Design 72

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke. VIP Products LLC.

Branding 52

Branding Brands Branding Trademark 52

IIPRD

OCTOBER 14, 2022

Even though traditional banks continue to command the financial market by offering standard operations such as payments, deposits, and credit; they need to understand that now, they are not the only players. With the size of such a market, there is always a high possibility of intellectual stealing in order to maximize profit.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

LexBlog IP

MARCH 28, 2023

On March 22, 2023, the Supreme Court heard oral argument in the trademark parody case captioned Jack Daniel’s Properties, Inc. Now, as a practical matter, parodies won’t confuse when differences in marks, markets, or message, typically ridicule, signal that the brand company didn’t make the joke.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

JUNE 20, 2023

On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. S. _ (2023) (hereinafter “Slip Op.”). The Court made plain that using a senior user’s trademark as a trademark in a parody does not implicate First Amendment concerns.

Trademark 40

Trademark Designs Design Fair Use 40

Technology & Marketing Law Blog

DECEMBER 11, 2023

2023), I already had my red grading pen out. The low grade the court earned is a consequence of it losing many points by misstating the law, misapplying the law, and especially skipping over the part where it was supposed to share its analysis and instead just stated its conclusion. MSCHF has frequently targeted major brands.

Blogging 117

Blogging Trademark Branding Brands 117

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. ” Michael Nash, April 26, 2023 Again, Nash’s statement is correct as far as it goes. Michael Nash, April 26, 2023 I’m not sure that UMG is entirely correct here.

Music 85

Music Copyright Copying Copyright Law 85

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. However, 2023 seems good for Google, thus far.

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

DECEMBER 26, 2023

Keep in mind the generators are trained on existing material, including things that are protected by copyright and trademark law and registration and patents. There have been some court decisions on this precise topic, but the law is not completely settled. But what rights do you have to what it creates for you? Not yet, anyway.

Designs 52

Designs Design Trademark Copyright 52

The IPKat

APRIL 17, 2024

Among these, the Danish case of Artpusher Gallery ApS vs. Coop Danmark A/S in BS-30388/2023-SHR stands out as what the artist known as Love Party / Artpusher might have perceived as a modern tale of David and Goliath. Furthermore, the Artpusher case involved more than the use of a trademark in a single artwork or a series of artworks.

Trademark 72

Trademark Artwork Social Media Trademark Law 72

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

MAY 30, 2023

The employee-protection social media laws have mostly faded from memory, but they did not resolve when a social media account was the employer’s or employee’s. A decade late, we are still waiting for the case law to answer that question. Case citation : In re Vital Pharmaceutical, 2023 WL 3689540 (S.D.

Social Media 85

Social Media Ownership Marketing Marketing 85

SpicyIP

DECEMBER 12, 2023

Image from here The High Court of Delhi, by its interim ex-parte order dated 21 November 2023 , granted the prayer of ‘makemytrip’ and issued interim injunction against the mark ‘dialmytrip’. But the facts pertaining to its market share indicate that the mark has achieved distinctiveness. Facts The petitioner, MakeMyTrip (India) Pvt.

Trademark 59

Trademark Branding Brands Branding 59

SpicyIP

MAY 15, 2024

Critiquing the 2023 decisions on Keywords by the Delhi High Court and the Supreme Court, we are pleased to bring to you this two part post by Malak Sheth. Malak is a third year law student from Rajiv Gandhi National University of Law, Punjab. Google LLC on likelihood of confusion among the consumers.

Trademark 59

Trademark Advertising Advertising Blogging 59

SpicyIP

FEBRUARY 5, 2024

The Menace of Different Drugs with Similar Trade Names What if we tell you that there is a drug that is used for treating diabetes, but has a similar/ almost identical brand name as another drug used for treating a type of cancer. and that the 2023 Notification would only cover the main ceremony and not the pre and post-wedding events.

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59

IP and Legal Filings

FEBRUARY 20, 2024

The lawsuit argued that the “Prevention and Regulation of Dark Patterns, 2023” would protect consumers against “dark patterns.” The complaint claims that artificial intelligence-created deepfakes of Anil Kapoor and his name-branded websites defraud customers. Stanford Law Review , 58 (4), 1161–1220.

Personality Rights 61

Personality Rights Privacy Social Media Intellectual Property 61

LexBlog IP

APRIL 12, 2023

Finally, a third intriguing development is the US Copyright Office’s March 16, 2023 guidance on works containing material generated by artificial intelligence, which raises the question of what words like “author” and phrases like “human creativity” mean. Let’s look at them in turn.

Law 52

Law IP Intellectual Property Copyright 52

IIPRD

JUNE 8, 2024

A thriving market for knockoffs has resulted from influencers’ endorsement of more reasonably priced alternatives to high-end products. Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property rights, and brand integrity are brought up.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

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Trademark Blogging Trademark Law Fair Use 103

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Elster and held oral argument on November 1, 2023, most commentators believe—like me —that the Court will reverse the Federal Circuit and hold that Section 2(c) is consistent with the Free Speech Clause of the First Amendment on its face and as applied to Elster’s trademark application. After the Supreme Court granted cert in Vidal v.

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Registration Trademark Blogging Law 77